Paul A. Arena

One Wachovia Center

301 S. College St., Suite 2300

Charlotte, NC 27612 

704.342.5297(Direct)

704.342.5264(Fax)

parena@poynerspruill.com

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Areas of Practice

Commercial Real Estate, Zoning and Land Use, Financial Services

Education 

J.D., University of North Carolina, 1996

B.A., University of North Carolina, 1993

Profile

Paul's practice focuses on acquisition, financing, development and leasing of real property.  He represents real estate developers in contract negotiation, due diligence and title review, analysis of local government ordinances and policies, negotiation with local governments, condominium formation, ILSDA filings, preparation of reciprocal easement agreements and restrictive covenants and organization of homeowner's associations.  He advises real estate developers and investors in the tax implications of real estate transactions, including conventional and reverse tax-deferred exchanges.  He represents local government and quasi-governmental entities regarding real estate, development, contract and other transactional matters.  He has served as local counsel to a national wireless telecommunications firm with respect to antenna and tower leases, preparation of business decision letters assessing risk of non-uniform lease provisions and title defects, and counsel regarding municipal ordinances.  He advises business people regarding financial issues and entity selection and formation.

Representative Experience

  • Represented sponsor/syndicator in syndication, acquisition and securitized financing of $13,100,000.00 shopping center in Atlantic Beach, North Carolina.  Property was purchased by nine entities as tenants in common, using tax-deferred exchange money.  Negotiated loan documents, reviewed title and resolved title issues, prepared tenant-in-common agreement and other agreements between purchaser entities, researched and resolved tax-deferred exchange issues.

  • Represented sponsor/syndicator in syndication, acquisition and securitized financing of $8,600,000.00 shopping center in Emerald Isle, North Carolina.  Property was purchased by four entities as tenants in common, using tax-deferred exchange money.  Negotiated loan documents, reviewed title and resolved title issues, prepared tenant-in-common agreement and other agreements between purchaser entities, researched and resolved tax-deferred exchange issues.

  • Represented developer in reverse tax-deferred exchange, acquisition, financing and development of 900 acre, 400+ unit residential golf course community adjacent to Albemarle Sound in Bertie County, North Carolina.

  • North Carolina counsel for developer of 118 unit HOPE VI public-private redevelopment project in High Point, North Carolina.

Professional/Community Activities

Board Certified Specialist in Real Property Law: Business, Commercial and Industrial Transactions

Durham Board of Adjustment, Alternate Member, 2006 – 2007

North Carolina Bar Association (Real Property Law Section, Business Law Section, and Land Use Section)

Wake County Bar Association

Tenth Judicial District Bar Association

National Association of Industrial and Office Properties

Urban Land Institute

Leadership Raleigh, Class 22 Graduate

Volunteer Advisor to High Country Conservancy, Boone, NC

Adjunct Professor, Pfeiffer University MBA School, “Business Law”, summer 2002

Licensed Real Estate Broker

Publications

Presenter and manuscript writer, Lorman Education Services, “Law of Easements: Legal Issues and Practical Considerations in North Carolina”, September 24, 2003 and August 12, 2004

Author, The Electronic Transactions Act in North Carolina: A Real Estate Practitioner’s Perspective, 13 N.C. Lawyers’ Weekly, October 30, 2000 Real Property Supplement 1-B

Prior Legal Experience

Holt York McDarris & High, LLP, Raleigh, NC, 2001 – 2005

Hutson, Hughes & Powell, P.A., Durham, NC, 1997 – 2000