Branded Residential Projects: Navigating Complex Structuring Requirements; Key Negotiation and Drafting Strategies
Mixed-Use and Stand-Alone Projects, Hotel and Non-Hotel Brands, Multiple Parties, Licensing and Management Agreements
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Real Property - Transactions
- event Date
Thursday, July 11, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE webinar will provide a comprehensive overview of planning and structuring branded residential projects that combine residential development with a well-known hotel or non-hotel brand name. The panel will address the up-front planning considerations to be made by counsel and clients as well as the multiple agreements involved in such projects between the parties involved. The panel will offer negotiation and drafting considerations and discuss pitfalls to avoid.
Ms. Goeddel represents owners, lenders and hotel companies in commercial real estate transactions and has a special expertise in complex resort and hospitality development projects. Her clients' projects are within urban and resort locations, throughout the U.S. and in foreign jurisdictions, with specific emphasis on North America, Latin America, the Caribbean and Asia. Ms. Goeddel has 20 years' experience representing clients in all types and all phases of real estate projects, including acquisition and disposition; finance; development, including creation and implementation of mixed‐use legal structures preparation of project governing documents, residential sale documents and project registrations; negotiation of management and related agreements; and post‐completion operations. In addition, Ms. Goeddel has specific experience in the purchase and sale of hotels and resorts and representing owners and lenders in connection with distressed hotels and residential projects.
A real estate, business and litigation attorney, Mr. Zurbuch has more than 25 years of experience and a broad background in transactions and owners’ association issues. He advises on commercial sales and due diligence, asset purchase agreements, commercial and residential leasing, owners’ association law, business transactions, complex litigation, trials, arbitrations and mediations. Mr. Zurbuch’s experience in both commercial and residential real estate along with his work on construction defect litigation and contracts, provides a strong background for his work with restrictive covenants, homeowner associations, condominiums and planned communities. With recent updates to the Colorado Common Interest Ownership Act, many clients are facing increased complexity when it comes to properties with HOAs. Mr. Zurbuch has a track record of helping clients looking to pursue assets with owners’ associations. He spent more than 15 years of his career in the Roaring Fork Valley working on condominium and community issues for mountain developments.
Despite the recent volatility and uncertainty in the general commercial real estate markets, branded residential projects have experienced rapid growth over the past decade increasing by more than 150 percent. Even though these projects often include hotel brands, non-hotel luxury brands are also joining the mix.
These projects are distinguishable from time-share or fractional ownership schemes that only involve acquiring an interest in a residence or traditional serviced apartments. Rather, they involve a partnership between a brand and a developer to create luxury residences that may be integrated with a hotel or stand alone and offer concierge services and amenities to owners.
Whether part of a mixed-use development or a stand-alone project, structuring a branded residential project is complex given the number of parties involved (e.g., developers, brand owners, operators, and buyers), unique project requirements (e.g., residences designed, built, and operated in accordance with a brand's standards) and regulatory considerations (e.g. zoning issues, foreign national ownership restrictions, securities sales).
Counsel must understand the key considerations that go into planning and structuring branded residential projects and the various agreements required between the parties to best protect their interests.
Listen as our expert panel provides a comprehensive overview of structuring branded residential projects. The panel will discuss key negotiation and drafting considerations, pitfalls to avoid, and best practices to minimize risk.
- Introduction to branded residential projects
- Parties to the project
- Types of branded residences
- Project structuring considerations
- Brand and location
- Parties' goals
- Financing
- Zoning and other regulations
- CC&Rs
- Amenities and services
- U.S. securities laws
- Other
- Documentation/agreements
- Branding/licensing
- Management
- CC&Rs
- Sales
- Other
- Practitioner takeaways
The panel will review these and other key considerations:
- How do branded residential projects differ from timeshare/fractional ownership schemes or traditional serviced apartments?
- What are the types of branded residential projects that counsel and clients may want to consider? What are the benefits and risks inherent to each? How is the choice influenced by the parties' short and/or long-term goals?
- What are the initial considerations that counsel and clients should make when planning a branded residential project?
- What regulatory considerations should be taken into account?
- What documents and/or agreements are required for a branded residential project? What are best practices for negotiation and drafting?
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