Community Association Planning and Structuring
We have broad-based experience in dealing with issues unique to
resort and other planned community development. A significant focus of our service is to
assist developers in creating community associations and alternative
structures that address the specific needs and goals of their particular
projects. In recommending certain structuring concepts, we consider the
needs of a developer, including:
Functional integration of residential, vacation ownership,
and other components within the overall community
Long-term control in appropriate development scenarios.
Preserving developer flexibility in phased and mixed-use
Creation of associations that will operate successfully for
owners and operators.
Designation of common areas and amenity ownership.
Our services consist of consultation and assistance
with document preparation, which typically include a declaration of
covenants, conditions and restrictions, as well as the bylaws, articles
and other related governing documents for the community association. We
work with the development team and the marketing and sales staff to
ensure they have a package of sales and disclosure materials that best
represent the planned community and developer programs. We also work
with the full team, and eventually the appointed association board of
directors, to ensure they fully understand the governing documents, the
rights and responsibilities of the various parties, the proper
representations to be made in this regard, and the duties of association
Community Association Operations
We often consult with developers on issues relating to community
association operations, particular during the period of developer
Duties and responsibilities of developer appointees on the
board of directors.
Architectural control procedures and enforcement of design
Association financial issues, including proper expenditures,
Rulemaking and enforcement of covenants and rules.
Management role and responsibilities.
Transition from developer to owner control.
We often review agreements, consult on association service contracts,
and deal with lenders, insurance agents, community management and others
to ensure the association operates smoothly and efficiently under
developer control and thereafter.
Land Sales Compliance
For a developer whose marketing plan will trigger land sales or other
regulatory compliance issues, we are able to assist our clients in
complying with the various registration requirements under state and
federal law. We prepare registrations with the Office of Interstate Land
Sales Registration of the United States Department of Housing and Urban
Development (HUD filings) as well as registrations at the state level
for planned communities, condominiums and timeshare projects.
Through our significant registration work in five western states and on
the federal level, we have developed a familiarity with the procedures
and a sensitivity to the concerns of regulatory agencies which we are
able to address in the process of advising a developer on project
governing documents. With our experience, we are able to handle the
registration process in a timely and cost effective manner.