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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, November 21, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will guide real estate practitioners in drafting valid covenants, conditions, and restrictions (CC&Rs) for mixed-use projects, avoiding common pitfalls in drafting CC&Rs, and amending existing CC&Rs. The presentation will include special emphasis on branded mixed-use communities, in both urban and resort settings.

Faculty

Shannon M. Mandich
Partner
Sheppard Mullin Richter & Hampton LLP

Ms. Mandich represents residential and commercial developers and builders in connection with the development and sale of master-planned communities, mixed-use developments, planned unit developments, condominium projects and commercial/industrial projects. She has extensive experience preparing legal management and association documents and other real estate transactional documents, including Declarations of Covenants, Conditions and Restrictions (CC&Rs), license and easement agreements, cost-share agreements, maintenance agreements, purchase and sale agreements, disclosure statements and conveyance instruments. Ms. Mandich advises clients in connection with the Department of Real Estate subdivision regulatory process and other state, local and federal laws and regulations concerning the creation and operation of associations and the development and sale of property. 

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Lynn K. Cadwalader
Partner
Manatt Phelps & Phillips LLP

Ms. Cadwalader leads the firm’s Hospitality and Leisure Practice. Her work involves representing developers, owners, operators, and investors in complex hospitality and mixed-use projects within the United States and around the world. Ms. Cadwalader is a seasoned hospitality lawyer, providing creative and business-focused counsel to her clients. She has been a key player in many high-profile hospitality transactions, where her ability to creatively structure solutions that work for all participants has been invaluable.

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David E. Bruce
Real Estate Counsel
California Department of Real Estate

Mr. Bruce is responsible for enforcing and interpreting the Subdivided Lands Law, including Department regulations, and provisions of the Davis-Stirling Act applicable to Subdivisions. He reviews proposed governing documents for new projects subject to the Subdivided Lands Law; provides legal advice to Subdivisions staff and negotiates with subdividers’ counsel re same. Mr. Bruce provides legal advice to Enforcement and Legal staff re complaints against subdividers from the public; and imposes discipline/negotiating resolution with subdividers’ counsel. In addition, he proves legal advice and comment to Executive staff re proposed legislation concerning Subdivisions and homeowner associations, including drafting proposed original and revised text re same.

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Description

The importance of drafting CC&Rs in mixed-use projects cannot be overstated. CC&Rs create complex contractual rights and obligations and property rights and obligations that impact the owners' ability to use, sell, and finance the property. In addition, establishing the right assessment structure and revenue streams in the governing documents is critical to creating a financially viable community.

A significant component of CC&Rs is creating easements that impact daily business operations and other property users subject to the document. Properly drafted easements will address critical business issues such as access, construction, shared parking, signage, and maintenance.

In recent years, we have seen a proliferation of branded mixed-use projects, both in urban and resort areas. Inclusion of the hotel or other hospitality brand as a key participant in project operations creates additional complexity and requires addressing specific operational elements and inclusion of brand standards and other provisions, rights, and benefits unique to branded communities.

Counsel must avoid pitfalls and conflicts to minimize owner disputes and operational problems when drafting or amending CC&Rs. Using boilerplate language is ineffective at best and, at worst, is a risky means of dealing with the specific needs and demands of a developer or business owner.

Listen as our authoritative panel provides practitioners with a clear understanding of how to draft effective CC&Rs for mixed-use projects, avoid common pitfalls in drafting, amend existing documents, and address particular requirements of branded communities.

Outline

  1. Overview of CC&R declarations
  2. Drafting effective CC&R declarations
  3. Common pitfalls with CC&R declarations
  4. Amending existing CC&R declarations
  5. Special CC&R provisions which impact residential use, rentals, hotel use, major amenities, commercial activities, and branded communities
  6. Distinguishing characteristics of urban and resort mixed-use communities

Benefits

This panel will review these and other key issues:

  • The fundamental components of mixed-use CC&Rs
  • Proper structuring of mixed-use projects
  • Unique elements in drafting CC&Rs for branded mixed-use communities
  • Creating financially viable mixed-use communities
  • Costly errors that counsel most commonly make when drafting CC&Rs
  • Best practices for preparing, analyzing, interpreting, and amending CC&Rs