Development

We help clients structure, negotiate, and document complex real estate and resort developments throughout Florida and numerous other states. 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

Representative matters 

  • 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 15 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, multi-unit 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 Department of Housing and Urban Development, ranging from single-family projects to condominium regimes