News & Analysis as of

Business Organization Residential Real Estate

Read Business Organization updates, alerts, news, and legal analysis from leading lawyers and law firms:

Significant Regulatory Innovations for REITs in Belgium

by Jones Day on

The Situation: Belgium's Law of October 22, 2017, modifies the REIT Regime by broadening the scope of REIT activities and relaxing the country's existing regulatory framework for REITs. The Result: The real estate sector...more

Early Takeaways for REITs from Tax Reform Season

by King & Spalding on

After months of being communicated through vague frameworks and political talking points, Republican tax reform proposals have finally been unveiled in legislative language. Earlier this month, H.R.1, the Tax Cuts and Jobs...more

UK To Tax Non Residents On Real Estate Gains

by Goodwin on

In a surprise announcement, the UK government announced its intention to start taxing non-UK residents on capital gains from UK real estate assets, including interests in “property rich” companies and other entities. The new...more

U.K. Is to Tax Gains Made by Non-Residents on Commercial and Residential Real Estate and Introduce Corporation Tax for Certain...

by King & Spalding on

The U.K. has announced that, from April 2019, tax will be charged on gains made by non-residents on disposals of all types of UK real estate, extending existing rules that apply only to residential property. The proposals,...more

Proposed U.S. Tax Reform May Impact Investments in U.S. Real Estate

by Mintz Levin on

Last week, the long-awaited proposed bill for a comprehensive reform of the U.S. tax code (the “Proposed Tax Reform”) was finally released. While the Proposed Tax Reform is likely to be heavily negotiated further and possibly...more

Trends in Tenant Leasing Positions

by King & Spalding on

Recent statistics indicate that tenants are asking for more from landlords in a variety of different asset classes, and most landlords are left with having to say yes. The leverage in lease negotiations appears to have...more

Claims Stemming from Government Regulated Flooding After Hurricane Harvey

by Zelle LLP on

In August, Hurricane Harvey directly hit the city of Houston, leaving substantial wind and flood damage in its wake. Many home and business owners who avoided flood damage breathed a sigh of relief on August 28 when the...more

Strategic Alternatives for Real Estate Portfolios Part III – Initial Public Offering (IPO) Transactions

by King & Spalding on

The review of strategic alternatives can be a daunting task even for the most seasoned executives and directors of real estate companies and real estate investment trusts. This is particularly true in today’s real estate...more

Real Estate Alert: Act improvement owners’ associations

by Dentons on

As from 1 January 2018, the new 'Wet verbetering functioneren verenigingen van eigenaars' (Act improvement owners’ associations) will be in force. Based on this new act, that will apply to buildings with residential units...more

Helping Handbook for Those Affected by Northern California Wildfires

by Morrison & Foerster LLP on

This handbook provides an overview of some of the issues that individuals, families, and small businesses may face as a result of the wildfires that swept Northern California in October 2017. Please note that this handbook...more

What You Should Be Doing with Your Replacement Reserves

by Hellmuth & Johnson PLLC on

Most association governing documents contain provisions requiring the association to establish and maintain one or more reserve accounts that are used to set aside funds for the future maintenance or replacement of components...more

Hurricane Shutters and Hurricane Protection Policies: Does your Condominium have what it needs?

With the recent threat from Hurricane Irma, many condominium associations were faced with emergency requests from unit owners for the association to install or for the association to allow owners to install hurricane shutters...more

When is it illegal to hold private and public property interests in Singapore - Avoiding legal issues around concurrent ownership...

by Dentons on

Family or friends jointly investing in real property often begin with the best intentions. However, without clear agreements, these deals may end up in lengthy (and costly) disputes. Further complications may occur especially...more

[Event] Community Association Seminar Fall 2017 - November 9th and November 11th, Minneapolis, MN

by Hellmuth & Johnson PLLC on

Join us for our Fall 2017 Community Association Seminar! - What to do if your Association is the victim of embezzlement? - Understanding Changes to MCIOA for Construction Defect Claims ...more

Condominiums and Conflicts of Interest: How to interpret the rebuttable presumption

The legislature recently amended Chapter 718 of the Florida Statues, relating to condominiums, to create a rebuttable presumption that a conflict of interest exist in certain situations.[1] A conflict of interest is a real or...more

New Maryland Laws Governing Condominiums and HOAs

by Miles & Stockbridge P.C. on

Beginning on October 1, 2017, several new laws will go into effect in Maryland governing condominiums and homeowners associations (“HOA”). With so much of new residential real estate being developed as part of an HOA or a...more

Nevada Supreme Court Rules HOA Super-Priority Liens Can Be Revived after Release

Homeowners’ associations have a more robust tool for forcing mortgage lenders to pay delinquent assessments following a September 14 decision by the Nevada Supreme Court. Nevada HOAs have enjoyed a super-priority lien under...more

Business Succession for Real Estate Companies

Planning for a business succession – sale or transition of a business to new owners – is as important as planning for business formation or business operations. In our experience, however, planning for business succession is...more

Why Do I Have A Hurricane Harvey Claim From Hoboken?

by Zelle LLP on

As businesses and insurers sort out the impacts of Hurricane Harvey, it will take time to assess the physical damage and resulting business interruption losses. Invariably, however, business interruption impacts from Harvey...more

Assignment of Condominium Limited Common Element Use Rights

Condominiums are comprised of “units” owned by individual owners and “common elements” owned collectively by all owners. Pursuant to Chapter 718, Florida Statutes, “units” include all areas designated as such in the...more

Hurricane Harvey: Don’t Get Shortchanged on Your Insurance Recovery for Property Damage and Business Interruption Losses

by King & Spalding on

After making landfall early Saturday morning as a major hurricane, Tropical Storm Harvey has left a widespread path of destruction, significantly damaging the infrastructure in the Houston area and Southeastern Texas,...more

Tenants Beware – The Ninth Circuit Has Ruled That The Bankruptcy Code Can Be Used By A Landlord To Strip A Tenant’s Right To...

by Ervin Cohen & Jessup LLP on

Just last month, the Ninth Circuit issued a ruling in the case of Matter of Spanish Peak Holding II, LLC, that is potentially devastating to a tenant that leases property from a landlord that files for bankruptcy relief....more

Hurricane Harvey: Insurance Implications

Hurricane Harvey, projected to be the most powerful storm to strike the United States since 2005, is bearing down on the Texas coastline and may make landfall as soon as Friday, August 25. Forecasters say it will likely have...more

CA Supreme Court: Entity Ownership Change Can Trigger Documentary Transfer Tax

Many entities are formed for the sole purpose of buying and holding real estate. In this setup, legal title is held by the entity itself (not the entity’s owners), but the entity’s owners have a “beneficial interest” that...more

Transfer To Non-Existent Corporation Held To Be A Transfer Nonetheless

by Allen Matkins on

Sometimes, the law is just weird. The case of PGA West Residential Ass’n, Inc. v. Hulven Int’l, Inc., Cal. Ct. App. Case No. E064270 (Aug. 9, 2017) is weirder than most. The lawsuit alleged that the defendant had tried to...more

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