Menu

Community, Condominium and Resort Development


Overview

We help clients structure, negotiate, and document complex real estate and resort developments throughout Florida and numerous other states. These projects include master planned and mixed-use communities; condominiums; subdivisions; timeshares; country clubs and golf courses; hotel and resort developments; and destinations. From a project’s concept phase to its financing, construction, marketing, sales, and management phases, we represent and work closely with developers, foreign and domestic sources of capital, architects, contractors, brokers, marketers, managers, and governmental authorities. 

Our experience encompasses government requirements pursuant to: 

  • The Florida Condominium Act 
  • Florida statutes pertaining to homeowners associations 
  • The Florida Vacation Plan and Timesharing Act 
  • Florida statutes pertaining to corporations, partnerships, and limited liability companies 
  • The Uniform Common Interest Ownership Act and the Uniform Condominium Act 
  • Interstate Land Sales Full Disclosure Act 
  • Real Estate Settlement Procedures Act 
  • Truth-in-Lending Act and various consumer protection statutes

Representative Projects 

  • Residential 
  • Hotels 
  • Resorts 
  • Office 
  • Commercial/retail 
  • Mixed-use 
  • Land 
  • Dock/boating/dry storage 
  • Industrial 
  • Subdivisions and homeowners associations 
  • Master planned and mixed-use communities and projects 
  • Master associations 
  • Commercial owners associations 
  • Timesharing, fractionals, vacation clubs, exchange companies, and private residence clubs 
  • Equity and non-equity membership clubs 
  • Community development and special taxing districts 
  • Amenities structuring and ownership 
  • Country clubs and golf courses

Representative Services 

  • Structure projects and their various components 

  • Analyze legal title to underlying lands and determine rights to be granted 
  • Determine necessary easements, use rights, and public dedications as required for development (includes platting and subdivision issue representation) 
  • Represent clients before federal, state, and local governmental agencies on issues regarding drafting documents needed to meet applicable governmental and regulatory requirements 
  • Consult with clients and client experts on legal entity structuring, tax planning and avoidance, surveying, platting, and association 
  • Represent clients regarding budgeting, and sales and marketing issues 
  • Represent clients before state and federal regulatory bodies to obtain approval of the documentation required to offer interests for sale to third parties (including land sales registrations before the CFPB and securities matters before the Securities and Exchange Commission) 
  • Negotiate and prepare management and affiliation agreements regarding hotels, hotel condominiums, and timesharing/fractional ownership regimes 
  • Represent clients regarding financing transactions to permit development and any receivables financing related to purchase money financing 
  • Negotiate with contractors and prepare appropriate construction contracts 
  • Train clients’ employees and contracted sales and marketing professionals regarding offering a project for sale to individual third parties 
  • Train clients’ employees and contracted third parties on the management and operation of owners associations 
  • Represent developers seeking to purchase distressed entities or assets through workout, foreclosure process, or bankruptcy proceedings 
  • Advise on state and federal regulatory compliance including Interstate Land Sales Full Disclosure Act 
  • Represent numerous lenders and bulk purchasers on distressed condominium and community assets, advising on structuring, liability protection, and regulatory compliance (including Florida Distressed Condominium Relief Act)

Experience

  • Represented numerous developers throughout the country in the structuring, development, creation, and formation of multiple master-planned communities that each contained more than 400 acres; Each community contained at least one master association, amenities, and multiple condominium and subdivision regimes 
  • Represented national developer in multiple locations in Florida and other states in the development, creation and formation of more than 20 high-rise condominium communities (each of which contained a total unit purchase price of more than $90 million), as well as the developer’s homebuilding projects that encompassed single-family lots and condominium units 
  • Represented numerous national residential community developers throughout the country in extensive and varied types of condominium and subdivision communities and developments, including those containing single-family lots, duplexes, townhomes, stacked flats, multi-unit structures, and mid-rise and high- rise buildings 
  • Represented various resort developers in the legal structuring, sale, and leasing of resort properties (including ski resorts and beach communities) throughout the country 
  • Represented developer of multiple timeshare and interval uses regimes that have generated more than $500 million in sales 
  • Represented developers in both large-scale and small-scale condominium conversion projects 
  • Represented numerous commercial developers in the development, creation, and formation of commercial condominium regimes serving general office, medical office, retail, and industrial uses. 
  • Represented numerous clients in the creation and submission of land sales registrations to the CFPB, ranging from single-family projects to condominium regimes 
  • Structured development projects including sustainable development, green building, downtown and brownfields redevelopment, renewable energy generation, and historic preservation

All Insights

Florida Supreme Court Answers Certified Question in Altman v. Crum

Florida Supreme Court Answers Certified Question in Altman v. Crum

March 1, 2018

Is the notice-and-repair process set forth in Chapter 558, Florida Statutes, a “suit” within the meaning of the CGL policies issued by Crum & Forster to Altman Contractors?

Hotels 201: Legal and Business Issues in the Purchase and Sale of Hotels - What You Don't Know Can Hurt You

Hotels 201: Legal and Business Issues in the Purchase and Sale of Hotels - What You Don't Know Can Hurt You

May 15, 2017

This is the second of a three-part series on the business and legal issues that arise in developing and owning hotels. In the first podcast, "Hotels 101," attorneys Dan Weede and David Adams discussed the basic legal and business issues unique to developing and owning hotels, including the brand's impact on creating and maintaining the hotel's value; the roles of various agreements in hotel deals, specifically the management agreement; franchise and loan agreements; and the basic metrics used to evaluate a hotel's financial performance. In this podcast, Dan and David discuss some of the more important issues in a hotel purchase and sale agreement, with a particular focus on the legal rights investors need to properly evaluate a hotel acquisition.

Hotels 101: Legal and Business Issues in Hotel Development and Ownership, a Beginner's Guide

Hotels 101: Legal and Business Issues in Hotel Development and Ownership, a Beginner's Guide

March 21, 2017

Investing in or developing a hotel property is very different from other types of real estate, and there are numerous issues that first-time investors and developers need to consider. This podcast, the first in a three-part series on the hotel industry, provides an introduction to hotel development and ownership.

Featured Insights

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.