Overview
We help clients structure, negotiate, and document complex real estate and resort developments. 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 Department of Housing and Urban Development 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