Donovan Fingar

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W. Howard Donovan, III

Howard practices in the areas of commercial, residential and industrial real estate development and leasing, including condominium and apartment projects, shopping centers, and retail/office developments. He has extensive experience in acquisition and disposition of real property in all types of arrangements, including §1031 exchanges. His experience includes representing developers in condominium and PUD developments, and homeowner's associations, to include collection of assessments, compliance and regulatory matters. Howard has also a local tax practice that includes all matters concerning valuation of real and personal property, abatements, protest hearing and tax appeals. His local tax practice extends to advice to business clients with respect to state and local economic incentives available for new and expanding industries and other types of commercial enterprises. Finally, his experience extends to litigation with respect to tax appeals, compliance matters and all other types of disputes concerning real property. Representative clients include developers, investors, lenders, homeowner's associations and property management firms.

Notable Experience

  • Representation of purchaser in acquisition of $13,200,000 distribution and warehouse property in Jefferson County, Alabama.
  • Co-counsel for purchaser in acquisition of $33,000,000 mixed use project located in Hillsborough County, Florida.
  • Co-counsel for purchaser in acquisition of 75,000 square foot shopping center located in Gwinnett County, Georgia.
  • Co-counsel for seller in disposition of 100,000 square foot shopping center in Hillsborough County, Florida and related IRC §1031 exchanges.
  • Counsel for national healthcare company in seeking various governmental incentives in connection with hospital expansion project.
  • Counsel for regional distributor in seeking and obtaining governmental incentives for relocation of headquarters site within Jefferson County, Alabama.
  • Co-Counsel for national healthcare company seeking valuation reduction with respect to unoccupied and uncompleted hospital facility in Jefferson County, Alabama.
  • Counsel for various national and local entities seeking abatement or reduction in value before the local boards of equalization and on appeal.
  • Counsel for approximate 1000 unit PUD project including golf course and related amenities located in Shelby County, Alabama.

Honors

  • AV Rating, Martindale-Hubbell
  • Listed in Alabama Super Lawyers 2008 & 2009 (Real Estate)
  • Best of Birmingham 2009

Co-author and Speaker

  • Establishing and Operating Homeowners Associations in Alabama, Lorman Education Services, 2004
  • The Real Property Development Process - Selected Legal Issues in Alabama, Lorman Education Services, 2005
  • Governmental Incentives, Abatements and Credits for Real Property Development in Alabama, Lorman Education Services, 2007
  • Special Issues for Condominium and Homeowner's Associations in Alabama, Lorman Education Services, 2007
  • Real Estate Transactions: Simple Becomes Solid, National Business Institute, 2007

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Resume

Areas of Practice
  • Real Estate
  • State and Local Tax
  • Homeowner's Association
Education
  • University of Alabama, School of Law (J.D., 1972)
  • Birmingham-Southern College (B.A., 1969)
Bar Admissions
  • Supreme Court of Alabama
  • U. S. District Court, Northern District of Alabama
Memberships
  • Birmingham Bar Association
  • Associate Member, International Council of Shopping Centers
  • Fellow, American College of Mortgage Attorneys, Inc.
  • American Property Tax Counsel