Structuring CC&Rs for Mixed-Use Projects: Drafting/Amending CC&R Declarations, Creating Easements, Minimizing Disputes
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide real estate practitioners guidance for drafting effective covenants, conditions, and restrictions (CC&Rs) for mixed-use projects, avoiding common pitfalls in drafting CC&Rs, and amending existing CC&Rs. The panel will also cover emerging trends in the development and governance of mixed-use projects that should be considered when drafting CC&Rs, including special considerations for branded communities in both urban and resort settings.
Outline
- Overview of CC&R declarations
- Drafting effective CC&R declarations
- Common pitfalls with CC&R declarations
- Amending existing CC&R declarations
- Special CC&R provisions which impact residential use, rentals, hotel use, major amenities, commercial activities and branded communities
- Distinguishing characteristics of urban and resort mixed-use communities
- Case studies in mixed use development
Benefits
This panel will review these and other key issues:
- The fundamental components of mixed-use CC&Rs
- Property structuring of mixed-use projects
- Unique elements in drafting CC&Rs for branded mixed-use communities
- Creating financially viable mixed-use communities
- Costly drafting errors that attorneys most commonly make when drafting CC&Rs
- Best practices for drafting, analyzing, interpreting, and amending CC&Rs
- Emerging trends in mixed-use CC&Rs
Faculty
Lynn K. Cadwalader
Partner
Manatt Phelps & Phillips
Ms. Cadwalader leads the firm’s Hospitality and Leisure Practice. Her work involves representing developers,... | Read More
Ms. Cadwalader leads the firm’s Hospitality and Leisure Practice. Her work involves representing developers, owners, operators, and investors in complex hospitality and mixed-use projects within the United States and around the world. Ms. Cadwalader is a seasoned hospitality lawyer, providing creative and business-focused counsel to her clients. She has been a key player in many high-profile hospitality transactions, where her ability to creatively structure solutions that work for all participants has been invaluable.
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Shannon M. Mandich
Partner
Sheppard Mullin
Ms. Mandich represents residential and commercial developers and builders in connection with the development and sale... | Read More
Ms. Mandich represents residential and commercial developers and builders in connection with the development and sale of master-planned communities, mixed-use developments, planned unit developments, condominium projects and commercial/industrial projects. She has extensive experience preparing legal management and association documents and other real estate transactional documents, including Declarations of Covenants, Conditions and Restrictions (CC&Rs), license and easement agreements, cost-share agreements, maintenance agreements, purchase and sale agreements, disclosure statements and conveyance instruments. Ms. Mandich advises clients in connection with the Department of Real Estate subdivision regulatory process and other state, local and federal laws and regulations concerning the creation and operation of associations and the development and sale of property.
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Corey Zurbuch
Of Counsel
Brownstein Hyatt Farber Schreck
A real estate, business and litigation attorney, Mr. Zurbuch has more than 25 years of experience and a broad... | Read More
A real estate, business and litigation attorney, Mr. Zurbuch has more than 25 years of experience and a broad background in transactions and owners’ association issues. He advises on commercial sales and due diligence, asset purchase agreements, commercial and residential leasing, owners’ association law, business transactions, complex litigation, trials, arbitrations and mediations. Mr. Zurbuch’s experience in both commercial and residential real estate along with his work on construction defect litigation and contracts, provides a strong background for his work with restrictive covenants, homeowner associations, condominiums and planned communities. With recent updates to the Colorado Common Interest Ownership Act, many clients are facing increased complexity when it comes to properties with HOAs. Mr. Zurbuch has a track record of helping clients looking to pursue assets with owners’ associations. He spent more than 15 years of his career in the Roaring Fork Valley working on condominium and community issues for mountain developments.
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