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Condominium, Residential, and Resort Development


Overview

Carlton Fields works closely with clients to structure, negotiate, and document complex master-planned communities and real estate and resort developments. These projects include master-planned and mixed-use communities; condominiums; subdivisions; timeshares, vacation clubs, and fractionals; country clubs and golf courses; hotel and resort developments and destinations; and amenities and club components. At every step, from a project’s concept phase to its financing, construction, marketing, sales, and management phases, we work closely with developers, foreign and domestic sources of capital, architects, contractors, brokers, marketers, managers, and governmental authorities to see a project to completion.
 
We offer extensive working knowledge of the governmental requirements involved with creating master-planned communities. These include state condominium, subdivision, and timeshare statutes; as well as statutes dealing with nonprofit corporations. Our focus also covers the numerous federal laws and regulations that impact sales and marketing, such as the Interstate Land Sales Full Disclosure Act, the Real Estate Settlement Procedures Act, the Truth in Lending Act, and various consumer protection statutes. In addition, we address environmental concerns affecting land use control, zoning, subdivision ordinances, and noise abatement regulations. We advise and consult on the following: 

  • Structure projects and their various components 
  • Analyze legal title to underlying lands and determine rights to be granted 
  • Determine and create 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 documentation 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 pertaining to the project 
  • Represent clients before state and federal regulatory bodies to obtain approval of the documentation required to offer interests for sale to third parties (including representation involving the CFPB and securities matters with the Securities and Exchange Commission) 
  • Negotiate and prepare management and affiliation agreements regarding hotels; hotel condominiums; and timesharing, vacation club, and 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 the 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 structuring and compliance with Florida’s 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, multiunit 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

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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?

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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.