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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 program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, March 21, 2024

Recorded event now available

or call 1-800-926-7926

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.


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.



  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
  5. Special CC&R provisions which impact residential use, rentals, hotel use, major amenities, commercial activities and branded communities
  6. Distinguishing characteristics of urban and resort mixed-use communities
  7. Case studies in mixed use development


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


Cadwalader, Lynn
Lynn K. Cadwalader

Manatt Phelps & Phillips

Ms. Cadwalader leads the firm’s Hospitality and Leisure Practice. Her work involves representing developers,...  |  Read More

Mandich, Shannon
Shannon M. Mandich

Special Counsel
Sheppard Mullin

Ms. Mandich represents residential and commercial developers and builders in connection with the development and sale...  |  Read More

Zurbuch, Corey
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

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