Advertisement

May 21, 2013

Restructuring the Condo Hotel Equity Model

The use of Regulation D to raise capital for the development of new luxury hotels through private offerings to accredited investors is a familiar approach, whereby deal sponsors can efficiently solicit capital from accredited investors via the traditional broker-dealer network. My recent article in Real Estate Finance Journal (pdf) discusses how this form of “retail capital” may bridge the gap between what is needed and what is currently available in the traditional debt and institutional equity markets for new luxury hotel development.

The product offering proposed is structured not as a sale of whole real estate ownership in a condo hotel room/unit but, rather, as the sale of an interest in a limited liability company or other private entity treated as a partnership for federal income tax purposes that will (A) indirectly (through its ownership interest in the Hotel Owner Co-Venture) own the hotel (i.e., “Vertical” ownership) or (B) directly own a commercial “condominium unit” comprising a portion of the hotel rooms and enter into a co-venture with the developer-sponsor entity that owns the remainder of the hotel (i.e., “Horizontal” ownership).

©2013 Greenberg Traurig, LLP. All rights reserved.

About the Author

Shareholder

Michael J. Sullivan is Co-Managing Shareholder of Greenberg Traurig's Orlando office and Co-Chair of the firm's Hotels, Resorts and Clubs Practice Group. Mike has wide-ranging experience in the acquisition, development, finance, and disposition of hotels, resorts, branded residences and condo-hotels, and healthcare-related properties; management, franchise and operating agreements for hotels; publicly financed hotel management agreements; seniors housing management and third-party lease agreements, and the purchase of distressed mortgage debt instruments secured by hospitality-...

407-418-2376

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. NLR does not accept advertising from attorneys or law firms. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be an advertisement or a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specializa