Bob focuses on high-quality real estate advice, delivered to his clients promptly and at reasonable rates. His experience allows him to pay attention to potential costs, risks and liabilities that his client may not be aware of. Challenges involving buying property, evaluations of the costs of acquiring property and regulatory issues during development or operation of a property are Bob’s specialties.
His experience in condominium and homeowners association law and the representation of developers and homeowners’ associations provide a solid understanding of condominium and HOA law which is invaluable to condominium developers, unit owners and condominium and homeowners associations. Bob provides insight into the latest industry trends and best legal practices.
Bob provides counsel to developers in the creation of residential, commercial, and multi-use condominium declarations.
Some typical condo owners’ association matters that he counsels clients on include insurance coverage, negotiations among unit owners, election of board members and enforcement of rules and by-laws. He also assists owners’ associations with legal issues related to the operation and maintenance and capital repair and replacement projects as well as various real estate and construction-related issues and contract disputes.
A client new to the apartment construction and operation business came to Bob for guidance on their newest development. The client had a clear vision for her project, but was running into regulatory hurdles and “informal” barriers. Following Bob’s lead, the developer was able to push through the red tape that was causing the frustration to her project, and completed the apartments. He was also able to take advantage of tax incentives equal to approximately 10 percent of the project cost. The final product was an architectural jewel that reflected the client’s original vision at less cost.
- Creighton University School of Law (J.D., Cum Laude, 1985)
- Creighton University (B.A., Magna Cum Laude, 1982)
- Nebraska (Sustaining Member)
- U.S. District Court, District of Nebraska (1985)
- U.S. Court of Appeals, Eighth Circuit (1989)
- U.S. Supreme Court (1990)
In its newly released 2023 edition, The Best Lawyers in America® has recognized 44 McGrath North attorneys in the full range of specialty practice areas key to supporting businesses of all sizes across a broad range of industries, and 28 attorneys have been recognized for 10 years or more. Of these attorneys recognized based on peer-review surveys, seven were named “Lawyer of the Year.” This honor is awarded to only one attorney with the highest overall peer-feedback for a specific practice area and geographic location.
In its newly released 2022 edition, The Best Lawyers in America® has recognized 47 McGrath North attorneys in the full range of specialty practice areas key to supporting businesses of all sizes across a broad range of industries. Of these partners recognized based on peer-review surveys, 11 were named “Lawyer of the Year.” This honor is awarded to only one attorney with the highest overall peer-feedback for a specific practice area and geographic location.
On June 9, 2022, McGrath North held a conference focused on Best Practices in Condo and HOA Operation at the Scott Conference Center in Omaha. Bob Dailey and Madi Landolt of the firm were joined by Richard Patterson of Counterparts in the discussion of a wide variety of topics key to maintaining smooth, successful operations. The topics covered were:
Homeowners Associations are generally taxed as corporations unless they have been approved by the taxing authorities as a tax exempt organization under Internal Revenue Service Code (IRC) Section 501(c). These Associations are typically very large Associations who offer and maintain amenities that also regularly derive significant income from the general public as well as members such as: golf courses, tennis clubs, equestrian facilities, marinas and other recreational facilities.
PACE is a financing tool which has a green halo around it. Its purpose is to promote energy efficiency and the use of renewable energy. PACE, an acronym for Property Assessed Clean Energy, was passed by the Nebraska Unicameral in 2016. By comparison, it has existed in California since 2007.
- Omaha Bar Association
- Nebraska State Bar Association
- American Bar Association
- Presentation on “Overview for Lawyers on the Legal Frameworks of Condominium and Homeowner’s Associations,” Nebraska State Bar Association annual meeting, September 13, 2019
- Author: “Housing for Persons 55 and Older,” the Nebraska Lawyer, May/June 2020
- Author: “The Demise of the Public Use Doctrine in State Takings,” 18 Creighton Law Review 789, 1985
- Author: “Equitable Conversion,” 17 Creighton Law Review 585, 1984
- Listed: America’s Leading Lawyers for Business, Chambers USA (2011 – 2019)
- Listed: “Best Lawyers in America”, Land Use and Zoning Law, Real Estate Law
- “Best Lawyers in America”, Omaha Lawyer of the Year – Land Use and Zoning Law, 2014, 2019
- Listed: Martindale-Hubbell, AV/Preeminent Rating
- Related Practices
- Banking and Commercial Financial Services
- Business and Corporate
- Real Estate
- Related Industries