Mel S. Weinberger, a Partner in the Washington, D.C. office of Holland & Knight, is co-leader of the firm's Global Hospitality, Resort, and Timeshare Practice. He has focused on the representation of developers and lenders in all aspects of resort development and finance for almost 30 years. In the course of such representation, he has structured, documented, closed the purchase and sale of, and negotiated, documented, and closed acquisition, construction, interim, permanent, and receivables financing transactions involving:
- Timeshare and fractional resorts
- Private residence clubs
- Multisite vacation clubs (points and non-points based)
- Equity and non-equity membership clubs
- Whole unit condominiums (including mixed residential/commercial)
- Condominium hotels
- Mixed-use subdivisions/PUDs
- Cruise clubs
- Golf resorts/country clubs
- Hotels
- Other types of resort and recreational real estate throughout the United States, Mexico, the Caribbean, Central America, and elsewhere
Mr. Weinberger often counsels clients on compliance with federal regulatory requirements affecting the resort industry, including those arising under the federal and state securities laws, the Interstate Land Sales Full Disclosure Act, the Federal Trade Commission Act, the Truth-in-Lending Act and Regulation Z, the Real Estate Settlement Procedures Act, the Equal Credit Opportunity Act, the Fair Housing Act, the Americans with Disabilities Act, the federal antitrust acts, the federal environmental statutes, and numerous other federal and state statutes and regulations. He also deals on a regular basis with various state timeshare and fractional registration laws and regulations, the Uniform Commercial Code, licensing and sweepstakes laws, advertising restrictions (including those involving the Internet), telemarketing laws, and other state consumer protection measures.
Mr. Weinberger has represented both acquirors and acquirees in merger and acquisition transactions within the timeshare industry. He is also a recognized expert on timeshare securitizations and conduit sales and frequently advises clients on intellectual property and licensing issues.
In addition to his resort development and finance practice, Mr. Weinberger has represented developers and lenders in the negotiation, legal structuring, documentation, and closing of the purchase, sale, marketing, leasing, financing, construction, development, and management of virtually all forms of residential, commercial, and industrial real estate, including office buildings, hotels, shopping centers, apartment projects, condominiums, cooperatives, warehouses, nursing homes, mobile home parks, and raw land. Mr. Weinberger also counsels clients on bankruptcy-related issues, has significant experience in negotiating and documenting real estate loan workouts, and has represented banks, savings and loan associations, and other institutional lenders on regulatory, lender liability, and a wide variety of other legal matters.
Mr. Weinberger is a contributing editor of the Resort Development Law Reporter, has authored numerous articles on resort development and finance topics, and is a frequent speaker at national and regional conventions, conferences, and seminars. Mr. Weinberger is also an active participant in many American Resort Development Association (“ARDA”) activities and was the principal draftsperson of ARDA’s Vacation Club Model Act. He is also co-author of the American Bar Association’s and ARDA’s jointly published new book on all laws governing timesharing throughout the United States.