Mixed-Use Condominium Developments: How to Structure, Negotiate, and Draft Documents

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Real Property - Transactions
- event Date
Thursday, November 29, 2018
- schedule Time
1:00 PM E.T.
- 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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Live Online
On Demand
This CLE course will provide counsel with a review of critical legal challenges and approaches for structuring documents for condominiums and other common interest regimes in mixed-use projects. The panel will discuss difficult legal issues involved in the governance of these projects.
Description
Mixed-use projects combine commercial and residential development and construction, leaving counsel with unique zoning, financing, marketing, and operating challenges.
During this CLE webinar, our panel will provide valuable insight regarding the key legal challenges and approaches associated with structuring and operating mixed-use projects from the developer’s perspective, including zoning and administrative problems and opportunities, and the preferred legal structures for ownership and development of air rights and horizontal mixed-use projects.
Listen as our panel of experienced counsel reviews structuring documents for condominiums and other common interest community regimes in mixed-use developments. The panel will discuss the complex legal issues involved with different types of projects.
Outline
- Condominium regimes: benefits and risks
- Structuring, negotiating and drafting condominium documents and governance
- The residential component of mixed-use projects
Benefits
The panel will review these and other relevant issues:
- Evaluating the benefits and challenges of using condominium regimes as compared to more traditional legal structures, such as legal subdivisions, air rights estates, reciprocal easement agreements, and ground leases.
- Structuring, negotiating and drafting the mixed-use condominium documents to address inevitable core issues, including association governance and control, decision making and dispute resolution, expense sharing, use restrictions and rights, mortgagee protections and protections for commercial unit owners.
- Master Condominiums, FHMA, and similar requirements, and tax accounting issues.
- Creating the residential component of a mixed-use project - protecting all parties, balancing residential rental and for sale units, or conversely, limiting future conversion to residential for-sale units, and if applicable, public offering statement disclosures and disclaimers.
- Planning for transition, protecting against rescission of purchase agreements, and minimizing future warranty claims.
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