Structuring CC&Rs for Mixed-Use Projects: Drafting/Amending CC&R Declarations, Creating Easements, Minimizing Disputes

Description

Properly drafted easements, covenants, and restrictions in mixed-use projects are crucial to the success of the project for all parties involved. CC&Rs create complex contractual rights and obligations--and property rights and obligations that impact the owners' ability to use, finance, and sell the property. In addition, establishing the right assessment structure and revenue streams in the governing documents is critical to creating a financially viable community.

A significant component of CC&Rs is creating easements that impact daily business operations and other users of the property subject to the document. Common easements address key business issues such as access, construction, shared parking, signage, and maintenance. CC&Rs should also incorporate necessary flexibility to accommodate the evolution of the property and provide an eventual exit strategy for the developer.

Counsel must avoid pitfalls and conflicts to minimize owner disputes and operational problems when drafting or amending CC&Rs. Using boilerplate language is ineffective at best and risky in dealing with a developer's or business owner's specific needs and demands.

Listen as our authoritative panel provides practitioners with a clear understanding of how to draft effective CC&Rs for mixed-use projects, avoid common pitfalls, amend existing documents, and address the particular requirements of branded communities.