Heath is a member of Winstead’s Real Estate Development & Investments Practice Group and represents business entities, individuals, and property owners’ associations in a variety of commercial and real estate matters. Heath’s practice is focused on real estate development with an emphasis on representing developers in structuring and administering residential and mixed-use condominiums and planned communities across the nation with an emphasis on Texas and Tennessee. Heath additionally advises clients on governance, management, and administration of property owners’ associations. Prior to joining Winstead’s Austin office, Heath practiced in Nashville, Tennessee.

Representative Experience

• Development: Representation of developers in the creation and development of planned communities and mixed-use and residential condominiums; Representation of developers in the formation, operation and administration of property owners’ associations and transition of control of property owners’ associations from developer to owner control.
• Dispute Resolution: Representation of developers during disputes relating to the creation and development of planned communities and mixed-use and residential condominiums; Representation of property owners' associations during disputes relating to the enforcement of dedicatory instruments and the operation, administration and management of the property owners' association.
• Property Owners’ Associations: Representation of associations with regard to operational issues, including the interpretation and application of dedicatory instruments.

Representative Transactions

• Represented a publicly traded developer in the structuring, planning and development of a luxury hotel branded mixed-used condominium development in The Woodlands, Texas.
• Represented a national developer in the development of a mixed-use development including the structuring, development and sale of a 300-unit high rise residential condominium in Nashville, Tennessee.
• Assisted a national developer in the planning and structuring, including guidance through the Fannie Mae approval process, of a high rise residential condominium located within a mixed-use development in downtown Nashville, Tennessee.
• Represented institutional lenders in the review and revision of condominium documents to ensure appropriate lender and mortgagee protections were in place prior to extension of construction financing for multiple mixed-use high rise condominium developments in Nashville, Tennessee.
• Represented multiple developers in the negotiation of luxury hotel brand licensing agreements and management agreements in connection with luxury hotel branded condominiums in Houston, Texas.