From single-family homes to condominiums and townhouses, project developments by necessity require lengthy and complicated homeowners association (HOA) documents. For developers and project owners, these founding agreements are critical for the success and profitability of these projects. Tailored and well-drafted HOA documents govern specific property uses, define the services the HOA will provide, and address how property owners will jointly govern the association.
HOA documents are also rife with points of potential dispute--from fees to management and control issues. Careful planning and drafting of these documents are essential to successfully exiting the project and avoiding later liability.
HOA documents can address pandemic issues and perhaps the relaxation of some restrictions to address unforeseen hardships such as deferrals of assessments due to COVID-related layoffs.
HOA litigation often results from poorly drafted HOA agreements, insufficient due diligence, or an incomplete negotiation that failed to consider all pre-and post-transition contingencies. Counsel for developers and project owners can drastically reduce the risk of client exposure and costly litigation by taking the time to ensure the initial document is unambiguous and complete.
Our panel will guide counsel to developers and project owners in structuring and drafting the essential financial, governance, control, and liability provisions of HOA agreements. The panel will provide practical insights into strategies for preserving value for property owners while ensuring that developers can successfully exit the project and avoid subsequent liabilities.
Listen as our experienced panel of real estate attorneys provides practical guidance on structuring and drafting the essential financial, governance, control, and liability provisions of HOA agreements. The panel will offer insights and strategies for preserving property values while ensuring developers can smoothly exit the project, avoid ongoing liabilities, and maximize project profitability.
Watch Now
Things are different now. As return to office takes shape, the tenant experience will need to change. For operators, the new challenge is how to deliver value in response to the new demand of hybrid work.
Is space being used efficiently? Do your amenities fit your tenants’ needs? Are they able to make informed decisions about their space?
Find out how the informed use of data can show your tenants that you’re improving their bottom line—and improve yours at the same time.
In this webinar, you’ll learn how to:
evaluate tenant traffic data
meet tenants’ changing needs
use data to be more competitive in the marketplace
futureproof your properties
Watch Now
The allocation of risk accomplished by indemnification agreements is often a hotly negotiated term of real estate contracts and leases and, when not negotiated, frequently are not in compliance with applicable state indemnification laws or do not reflect the basis axim that liability should follow control. Unbalanced indemnification provisions frequently arise from unbalanced negotiating positions. This panel will address the nuts and bolts of indemnification agreements and insurance contracts, analyzing how indemnification agreements require one party (the indemnitor), bear the risk of claims against the other party (the indemnitee) for loss and damages claimed by a third party. The role of insurance in providing a source of funds for indemnification obligations will be addressed.
Indemnification and insurance provisions are standard requirements of PSAs, leases, and construction contracts. Standalone indemnity agreements are also frequently employed to balance the rights of a counterparty with its obligations.
Informed counsel must recognize how to protect client interests by deftly structuring indemnification provisions, taking into account state law and respective risks and control in careful drafting.
Listen as our authoritative panel discusses current trends and practical strategies in negotiating these provisions, as well as the advanced arguments made by the parties to these instruments.
Watch Now
Most bankers acknowledge that construction lending is riskier than other types of commercial lending. Therefore, lenders must learn how to evaluate a developer’s ability to repay the construction loan and apply the appropriate underwriting of the construction project to ensure the structure of the loan results in it being repaid in full, on time, and as agreed.
Watch Now