Timeshare

Holland & Knight’s Timeshare and Resort Communities Team consists of lawyers who have practiced in this area for more than 25 years. There is no substitute for this type of “hands-on” experience when serving the legal needs of timeshare and resort developers and operators.

Timesharing, as an area of real estate law, is readily distinguishable from the condominium or hotel practices. Although there are overlapping concepts, timeshare law is very specialized. Out team has a national and international reputation for representing and counseling owners, developers, hotel companies, lenders, and marketing and management companies that range in size from small private entrepreneurial ventures to Fortune 500 corporations. We represent timeshare and resort developers in land acquisition, zoning, financing, construction, and development of the project, and negotiate relevant agreements between and among owners, operators, and marketers. The group handles a wide cross-section of property types and financings including:

• hotel/timeshare/fractionals mixed-use and multiuse resorts and branded clubs conversions
• innovative points, weeks, flex-use programs/expansive use combinations with hotel/timeshare/ cruiseline interchange
• resort and urban timeshare projects and multisite vacation clubs
• mixed-use developments including hotel/timeshare/golf usage
• beach resorts, equity country clubs, and undivided interest projects
• resort golf and homesite developments
• resort and vacation condominium and condohotel properties

We are experienced and highly knowledgeable about each aspect of timeshare development projects – issues of deeded and non-deeded points-based programs, project and program documentation and federal and state regulatory compliance, financing, construction, closings, title insurance issues, foreclosures, local/regional/national marketing issues, special conditions and requirements applicable to timesharing. The reach of our timeshare and related resort experience extends throughout all resort, vacation, and urban destination regions of the U.S., Canada, the Caribbean, Mexico, and Latin America.

Key Issues For Vacation Ownership Projects

Americans With Disabilities Act. After the ADA was enacted, construction standards changed for certain new projects and the renovation of existing facilities. Depending on the size and use of a facility, the exits, entrances, parking, and restrooms must meet certain size and placement specifications. Resorts and restaurants are particularly affected. We counsel clients in determining their responsibilities under this law, as well as state and local disabilities laws.

Bankruptcy. We have experience in receiverships, debtor in possession financing, adequate protection issues, preparation of reorganization plans and the disposition and sale of assets by bankruptcy estates.

Federal and State Regulatory Issues. We have extensive experience representing lenders and developers in Truth-In-Lending, ECOA, RESPA, Fair Housing, Telemarketing, Seller of Travel, Real Estate Licensing and State Timeshare Registration Laws.

USA PATRIOT Act. We provide comprehensive advice on the USA PATRIOT Act and have developed the KnightGUARDIAN software which has been endorsed by ARDA and will be used by ARDA members to screen consumer buyers for compliance with the USA PATRIOT Act.

Resort Acquisition and Development. We represent resort developers in the acquisition of resorts, land, and ground leases, as well as in zoning, financing, construction, and development of resorts and their related amenities. We also negotiate the management agreements with the resort operator.

Real Estate. We represent national and international resort owners, developers and operating companies in every phase of real estate transactions. This includes negotiating operating and management agreements with, or on behalf of, the resort operator, as well as project joint venture agreements; negotiating ground leases, air rights leases, parking and concession agreements, and major amenity packages; and drafting and negotiating golf course amenity agreements, licenses, technical services agreements, equity club membership programs and other types of agreements associated with major resort properties.

Members of the Real Estate Section represent developers in virtually all aspects of zoning, including plat amendments, planned-unit developments, special-use permits, variances and appeals, zoning opinion letters, building permit reviews, comprehensive planning, and historic preservation. We regularly appear before municipal agencies regarding zoning problems, building codes, parking variances, building site selection and related laws and regulations, and can provide developers with due diligence assistance.

Intellectual Property. Some of the world’s best known brand names are among our intellectual property clients. Our Intellectual Property Team assists with counseling, licensing, trademarks, patents, and copyrights. This is particularly important with regard to company names, logos, and marks. We vigorously pursue injunctive relief and damage claims against infringers. In addition, to protect our clients’ interests, our investigators have participated in worldwide investigations, undercover operations, sting operations, and forensic accounting procedures to obtain critical evidence.

Environmental Law. We provide comprehensive environmental analysis and legal services for our timeshare and resort community clients. Specific services include assisting in meeting environmental requirements such as wastewater and storm water permitting, wetlands development approvals, and environmental assessments; providing environmental due diligence investigations; auditing; and counseling on risk based corrective actions.

Construction, Design and Engineering. We have extensive experience in domestic and international design and construction projects. Our work includes contract preparation and negotiation, contract administration, counseling, permitting, and code enforcement issues. In addition, we have broad experience in dispute resolution — mediation, appearing before dispute review boards, arbitration, analysis and resolution of change order claims and disputes, and litigation.

Alcohol Beverage. Because the alcohol beverage industry is unique and heavily regulated, we use a range of professional talents to represent our clients. We maintain strong working relationships with regulators and administrators at all levels of the government to serve our hospitality clients.

Securities and Securitization. We often represent issuers in public offerings and private placements for interest and debt securities. Further, we handle a number of asset securitization transactions for hospitality companies including the securitization of time shares receivables We regularly handle matters involving securities law compliance, stock exchange and rating agencies relationships and privatization of government facilities. In areas of securities laws, we act as counsel to issuers and underwriters in public offerings of securities, as well as in private placements and international offerings.

Added Value: Industry Leadership

Holland & Knight is a leader in the timeshare and resort financing development industry. Members of our Timeshare and Resort Communities Team serve in the following key roles in industry organizations:

• Trustee membership in the American Resort Development Association (ARDA), the highly influential trade association of the timeshare industry
• represented ARDA before the U.S. Department of Housing and Urban Development and the New Jersey Real Estate Commission
• many years of leadership service in ARDA as committee and task force chairs and reporting members in legal, regulatory, marketing and federal and state legislative areas
• Holland & Knight lawyer serves as ARDA’s General Counsel and has provided insight and continuity in this post since the founding of ARDA in 1970
• Holland & Knight lawyer is founder and first president of ARDA’s International Foundation for Timesharing – the groundbreaking initiative for ARDA to provide funding and leadership for the expansion of the timeshare industry around the world
• active participants in the Urban Land Institute, the National Land Council, and the Mexico National Association of Timesharing