CC&Rs and Easements for Mixed-Use Projects: Best Practices for Developers

Drafting, Analyzing, Interpreting, and Amending CC&R Declarations and Easements

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Tuesday, April 28, 2020

Recorded event now available

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Program Materials

This CLE webinar will provide real estate practitioners guidance for drafting valid covenants, conditions, and restrictions (CC&Rs) for mixed-use projects, avoiding common pitfalls in drafting CC&Rs, and amending existing CC&Rs.

Description

The importance of drafting easements, covenants, and restrictions in mixed-use projects cannot be overstated. CC&Rs create complex contractual rights and obligations, as well as property rights and obligations that impact the owners' ability to use, sell, and finance the property.

A significant component of CC&Rs is the creation of easements that impact daily business operations and other users of the property subject to the document. Properly drafted easements will address critical business issues such as access, construction, shared parking, signage, and maintenance.

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, at worst, is a risky means of dealing with the specific needs and demands of a developer or business owner.

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

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Outline

  1. Overview of CC&R declarations
  2. Drafting effective CC&R declarations
  3. Common pitfalls with CC&R declarations
  4. Amending existing CC&R declarations

Benefits

This panel will review these and other key issues:

  • The fundamental components of mixed-use CC&Rs
  • Costly drafting errors that attorneys most commonly make when drafting CC&Rs
  • Best practices for drafting, analyzing, interpreting, and amending CC&Rs

Faculty

Bozeman, Janet
Janet L. Bozeman

Principal
Hyatt & Stubblefield

Ms. Bozeman assists developers throughout the country in creating the governance structure for their planned...  |  Read More

Diamond, Robert
Robert M. Diamond

Senior Counsel
Reed Smith

Mr. Diamond has practiced real property law in Virginia, Maryland and the District of Columbia for 38 years, with...  |  Read More

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