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This is Jim Butler, author of www.HotelLawBlog.com and hotel lawyer. Please contact me at Jim Butler at jbutler@jmbm.com or 310.201.3526.

Condo Hotels

Posted On: December 22, 2008 by the JMBM Global Hospitality Group®

CONDO HOTEL bankruptcies, workouts and turnarounds fill the headlines, the nightmares of lenders and the dreams of opportunistic investors. Part 2

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
22 December 2008

Hotel Lawyers on bankrupt condo hotel projects. The landscape is littered with condo hotel bankruptcies, foreclosures, workouts and investment opportunities. But as lenders hasten to clean up their balance sheets, and as opportunistic investors prepare to profit from buying at condo hotel foreclose or bankruptcy sales, or buying deep discount condo hotel debt or underlying assets, they should pause one moment. Unless they ask the right questions before they "jump" into the unknown, they may find themselves in a financially disastrous situation -- at any price.

From experience gathered by our Global Hospitality Group®'s team of hotel lawyers in more than 100 condo hotel and hotel condo projects in the last 5 years, here are the balance of the 100+ questions to ask BEFORE foreclosing on or buying condo hotel assets.

Continue reading "CONDO HOTEL bankruptcies, workouts and turnarounds fill the headlines, the nightmares of lenders and the dreams of opportunistic investors. Part 2" »

Posted In: Condo Hotels, Workouts, Bankruptcies & Receiverships

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Posted On: December 22, 2008 by the JMBM Global Hospitality Group®

CONDO HOTEL bankruptcies, workouts and turnarounds fill the headlines, the nightmares of lenders and the dreams of opportunistic investors. Part 1

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
22 December 2008

Hotel Lawyers on bankrupt condo hotel projects. The landscape is littered with condo hotel bankruptcies, foreclosures, workouts and investment opportunities. But as lenders hasten to clean up their balance sheets, and as opportunistic investors prepare to profit from buying at condo hotel foreclose or bankruptcy sales, or buying deep discount condo hotel debt or underlying assets, they should pause one moment. Unless they ask the right questions before they "jump" into the unknown, they may find themselves in a financially disastrous situation -- at any price.

From experience gathered by our Global Hospitality Group®'s team of hotel lawyers in more than 100 condo hotel and hotel condo projects in the last 5 years, here are 100+ questions to ask BEFORE foreclosing on or buying condo hotel assets.

Continue reading "CONDO HOTEL bankruptcies, workouts and turnarounds fill the headlines, the nightmares of lenders and the dreams of opportunistic investors. Part 1" »

Posted In: Condo Hotels, Workouts, Bankruptcies & Receiverships

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Bookmark CONDO%20HOTEL%20bankruptcies%2C%20workouts%20and%20turnarounds%20fill%20the%20headlines%2C%20the%20nightmares%20of%20lenders%20and%20the%20dreams%20of%20opportunistic%20investors.%20Part%201 at del.icio.us Digg CONDO%20HOTEL%20bankruptcies%2C%20workouts%20and%20turnarounds%20fill%20the%20headlines%2C%20the%20nightmares%20of%20lenders%20and%20the%20dreams%20of%20opportunistic%20investors.%20Part%201 at Digg.com Bookmark CONDO%20HOTEL%20bankruptcies%2C%20workouts%20and%20turnarounds%20fill%20the%20headlines%2C%20the%20nightmares%20of%20lenders%20and%20the%20dreams%20of%20opportunistic%20investors.%20Part%201 at Spurl.net Bookmark CONDO%20HOTEL%20bankruptcies%2C%20workouts%20and%20turnarounds%20fill%20the%20headlines%2C%20the%20nightmares%20of%20lenders%20and%20the%20dreams%20of%20opportunistic%20investors.%20Part%201 at Simpy.com Bookmark CONDO%20HOTEL%20bankruptcies%2C%20workouts%20and%20turnarounds%20fill%20the%20headlines%2C%20the%20nightmares%20of%20lenders%20and%20the%20dreams%20of%20opportunistic%20investors.%20Part%201 at NewsVine Blink this CONDO%20HOTEL%20bankruptcies%2C%20workouts%20and%20turnarounds%20fill%20the%20headlines%2C%20the%20nightmares%20of%20lenders%20and%20the%20dreams%20of%20opportunistic%20investors.%20Part%201 at blinklist.com Bookmark CONDO%20HOTEL%20bankruptcies%2C%20workouts%20and%20turnarounds%20fill%20the%20headlines%2C%20the%20nightmares%20of%20lenders%20and%20the%20dreams%20of%20opportunistic%20investors.%20Part%201 at Furl.net Bookmark CONDO%20HOTEL%20bankruptcies%2C%20workouts%20and%20turnarounds%20fill%20the%20headlines%2C%20the%20nightmares%20of%20lenders%20and%20the%20dreams%20of%20opportunistic%20investors.%20Part%201 at reddit.com Fark CONDO%20HOTEL%20bankruptcies%2C%20workouts%20and%20turnarounds%20fill%20the%20headlines%2C%20the%20nightmares%20of%20lenders%20and%20the%20dreams%20of%20opportunistic%20investors.%20Part%201 at Fark.com Bookmark CONDO%20HOTEL%20bankruptcies%2C%20workouts%20and%20turnarounds%20fill%20the%20headlines%2C%20the%20nightmares%20of%20lenders%20and%20the%20dreams%20of%20opportunistic%20investors.%20Part%201 at Yahoo! MyWeb  
Posted On: December 22, 2008 by the JMBM Global Hospitality Group®

Hotel Lawyers: Restructuring distressed condo hotels - Part 3

Restructuring distressed condominium hotel projects and
workouts of defaulted condo hotel loans for profit opportunities now.
Hotel lawyer on failed condo hotel turnarounds, workouts, bankruptcies and opportunistic investment.

Part 3

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
22 December 2008

Hotel Lawyers on restructuring distressed condo hotels. Restructuring distressed condo hotel projects and loans secured by them is moving to the top of the list for many lenders, owners and investors. Condo hotel deals are so complex and varied that there is no single "silver bullet" to take care of all problems. Combining JMBM's legal and business experience in advising on more than 100 condo hotel and hotel condo deals with a veteran condo hotel expert, here is a 3-part article to explain: Part 1: the background and structure of the typical condo hotel, Part 2: critical differences between condo hotel restructurings and those with traditional hotels, and Part 3: a unique approach to working out some troubled condo hotel projects.

Continue reading "Hotel Lawyers: Restructuring distressed condo hotels - Part 3" »

Posted In: Condo Hotels, Workouts, Bankruptcies & Receiverships

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Posted On: December 21, 2008 by the JMBM Global Hospitality Group®

Hotel Lawyers: Restructuring distressed condo hotels - Part 2

Restructuring distressed condominium hotel projects and
workouts of defaulted condo hotel loans for profit opportunities now.
Hotel lawyer on failed condo hotel turnarounds, workouts, bankruptcies and opportunistic investment.

Part 2

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
21 December 2008

Everyone needs to "share in the pain" required to effect a solution.

Hotel Lawyers on restructuring distressed condo hotels. Restructuring distressed condo hotel projects and loans secured by them is moving to the top of the list for many lenders, owners and investors. Condo hotel deals are so complex and varied that there is no single "silver bullet" to take care of all problems. Combining JMBM's legal and business experience in advising on more than 100 condo hotel and hotel condo deals with a veteran condo hotel expert, here is a 3-part article to explain: Part 1: the background and structure of the typical condo hotel, Part 2: critical differences between condo hotel restructurings and those with traditional hotels, and Part 3: a unique approach to working out some troubled condo hotel projects.

Continue reading "Hotel Lawyers: Restructuring distressed condo hotels - Part 2" »

Posted In: Condo Hotels, Workouts, Bankruptcies & Receiverships

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Posted On: October 21, 2008 by the JMBM Global Hospitality Group®

Hospitality Lawyer: The 5 biggest misconceptions about Condo Hotels

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
21 October 2008

Hospitality Lawyer on Condo Hotels. Do they work? Are they viable? What are the 5 biggest misconceptions about Condo Hotels?

"Condo Hotels" -- they are a subject the media "loves to hate." Everyone has an opinion about them -- whether they know anything about them or not. JMBM's Global Hospitality Group® has worked on more than 100 hotel mixed-use projects in the last 5 years alone, most of them involving condo hotels or hotel condos. Funny. Almost all the ones JMBM's hotel lawyers work on really "work" and don't make the headlines.

So with all the critical (and often uninformed) press lately, it was really great to see Brent Howie of Provident Hotels & Resorts -- one of the 30-year veterans of the condo hotel industry -- write a "no nonsense" article de-bunking the 5 biggest myths about condo hotels. I thought I would share it with you and lend our endorsement to its theme (and to the kind of support Brent gives these projects). Brent Howie can be reached at 727-726-4770 or bhowie@prov.com.

Continue reading "Hospitality Lawyer: The 5 biggest misconceptions about Condo Hotels" »

Posted In: Condo Hotels, Outlook and Trends

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Posted On: July 9, 2007 by the JMBM Global Hospitality Group®

Hotel Lawyer -- Eco-friendly lifestyle hotel mixed use project closes financing

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
9 July 2007

Hotel Lawyer on eco-friendly hotel financing in Hollywood California. Today, JMBM issued a press release announcing that its Global Hospitality Group® closed the senior debt portion of the capital stack on one of the largest single hotel mixed-use projects in the country -- and one bound to be a "Green" project at that! The complex construction loan transaction was for JMBM client, HSH Nordbank AG, a leading credit institution headquartered in Hamburg, Germany, and particularly renowned for very large construction loans on luxury hotel projects. [For JMBM's current hotel financing resources, please click here. (www.MeetTheMoney.com) and for other conferences, click here (www.jmbm.com/ghg/conferences).

This is a significant transaction for several reasons.

Continue reading "Hotel Lawyer -- Eco-friendly lifestyle hotel mixed use project closes financing" »

Posted In: Condo Hotels, Green Hotels, Hotel Finance − Hotel Debt & Hotel Equity , Hotel Mixed-Use, Lifestyle Hotels

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Posted On: January 3, 2007 by the JMBM Global Hospitality Group®

Hotel Lawyer -- Top Picks for 2006

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
3 January 2007

Hotel Lawyer -- Top Picks of 2006. Yes, 2006 has been a record year for many in the hospitality industry, and for the hotel lawyers at Jeffer, Mangels, Butler & Marmaro LLP. As we have already given our Outlook for 2007, we thought it might be interesting to look back on our Top Pick articles from 2006 from www.HotelLawBlog.com.

The Top Picks articles are organized by the major TOPICS on the Blog. We generally tried to select just the top two or three articles for each TOPIC. It was a major struggle to decide where to make the cutoff. If you want more information on a particular TOPIC, you can go to www.HotelLawBlog.com, and search for all articles on that TOPIC. To do that, just scroll down the right hand side, and below the (free) subscription and RSS Feed buttons is the Browse search engine that enables you to sort by TOPIC (or date, or key words, etc.).

Here they are . . .

Continue reading "Hotel Lawyer -- Top Picks for 2006" »

Posted In: ADA, Condo Hotels, Disasters, Hotel Management Agreements, Hotel Mixed-Use, International Hotel Investment, Labor & Employment, Land Use & Entitlements, Outlook and Trends, Workouts, Bankruptcies & Receiverships

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Posted On: December 12, 2006 by the JMBM Global Hospitality Group®

Hospitality Lawyer on hotel brands -- How far will the pendulum swing? What's in a name? Just ask Starwood, Hilton . . . Coca-Cola or Procter & Gamble

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
12 December 2006

Hospitality Lawyer on the power of hotel brands. A rose by any other name may smell as sweet. But does a Trump by any other name sell out as fast? Does a Four Seasons by any other name get a $3.7 billion bid from Bill Gates and the Prince?

What's a brand? It is not always so easy to determine. Yesterday, I talked about how Donald Trump is more than "just" a very successful developer. He has developed a powerful BRAND with legs." But are all brands the same? Should they be? What makes a successful brand -- for an owner or developer?

Continue reading "Hospitality Lawyer on hotel brands -- How far will the pendulum swing? What's in a name? Just ask Starwood, Hilton . . . Coca-Cola or Procter & Gamble" »

Posted In: Condo Hotels, Hotel Management Agreements, Hotel Mixed-Use, Outlook and Trends

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Posted On: December 11, 2006 by the JMBM Global Hospitality Group®

Hospitality Lawyer Baja Mexico -- So what's a brand? How did Trump get into this conversation?

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
11 December 2006


Hospitality Lawyer Baja Mexico. He's done it again if you believe the AP Wire reports. On Saturday, December 9, 2007, the Associated Press reported that, "Donald Trump's new luxury hotel-condominiums on Mexico's booming Baja California coast registered about $122 million in sales Friday, potentially heralding a resurgent development boom along the Pacific shoreline, just south of the U.S. border."

I've noted in prior postings that Baja is red hot, and that Trump has become a brand. So what is noteworthy about this latest development?

Continue reading "Hospitality Lawyer Baja Mexico -- So what's a brand? How did Trump get into this conversation? " »

Posted In: Condo Hotels, Hotel Mixed-Use, International Hotel Investment, Outlook and Trends

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Posted On: December 5, 2006 by the JMBM Global Hospitality Group®

Condo Hotel Lawyer -- What is fanning the condo hotel wild fire in Latin America, the Caribbean, Europe, China, India and the Middle East?

By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
5 December 2006

Condo Hotel Lawyer: In my last two postings on www.HotlelLawBlog.com, I have been reviewing where the condo hotel phenomenon is today and where its going, and what drives success in condo hotel projects. While there are a lot of reasons that condo hotels make sense and have an enduring legacy, the wildfire that has been burning in the U.S. for the past 5 years is now pulsing out in all directions. What has caused the condo hotel craze to spread to Latin America, the Caribbean, Europe, China, India and the Middle East? And why is anyone looking to emulate the state of the art developed over the past 5 years in the U.S.?

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Posted In: Condo Hotels, Hotel Mixed-Use, International Hotel Investment

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About the Authors

Jim Butler

Jim Butler is recognized as one of the top hotel lawyers in the world. He devotes 100% of his practice to hospitality, representing hotel owners, developers and lenders. Jim leads the Global Hospitality Group®—a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe.
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Robert Braun

Robert Braun is a partner in JMBM's Corporate Department and a senior member of JMBM's Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. Bob represents owners in both transactional and operational issues. He advises clients with respect to business formation, financing, mergers and acquisitions, venture capital financing, joint ventures and strategic partnerships. He has represented hotel owners in the negotiation of several hundred management agreements, as well as spa management and franchise agreements. Bob also advises hotel owners regarding telecommunications, software, internet, e-commerce, data processing and outsourcing agreements. To read Bob's articles, go to www.HotelLawBlog.com and select "Management Agreements." For more information, please contact Bob Braun at 310.785.5331 or rbraun@jmbm.com.

Marta Fernandez

Marta Fernandez is a partner in JMBM's Employment and Labor Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. As a management labor lawyer with more than 20 years of experience, Marta specializes in representing hospitality industry clients in all aspects of labor and employment including labor-management relations such as union prevention, collective bargaining for single as well as multi-employer bargaining units, neutrality agreements and defense of unfair labor practice charges before the NLRB. She defends employers in administrative and litigation claims, such as employee claims of sexual harassment and discrimination and counsels clients in preventative strategies such as executive training, arbitration enforcement, and policies and procedures. To read Marta's articles, go to www.HotelLawBlog.com and select "Labor & Employment." For more information, please contact Marta Fernandez at 310.201.3534 or at mfernandez@jmbm.com.

Catherine DeBono Holmes

Catherine DeBono Holmes is a partner in JMBM's Corporate Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. Cathy assists hotel clients with hotel management and franchise agreements, purchase and sale transactions, and condo hotel regime structuring. She has taken hotel owners through complex RFP processes involving all the major hotel brands. She has significant expertise in condo hotels and advises clients in the specific business and legal aspects of condo hotel regime structuring and documentation, including CC&Rs, HOA docs, unit management agreements, shared facilities agreements, rental management agreement programs and securities compliance matters (structuring, documentation and training). To access Cathy's articles on www.HotelLawBlog.com, click on the topics "Condo Hotels" or "Green Hotels" For more information, please contact Cathy Holmes at 310.201.3553 or cholmes@jmbm.com.

Guy Maisnik

Guy Maisnik is a partner in JMBM's Real Estate Department and a senior member of JMBM's Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. Guy's deep and broad transactional practice includes complex real estate finance and venture capital transactions, including project finance, commercial finance, leveraged leasing and real estate acquisitions. He assists clients with development, leasing and disposition, loan portfolio acquisitions, loan and debt restructure, workouts and real estate exchanges. Go to www.HotelLawBlog.com for current information in these areas. For more information, please contact Guy Maisnik at 310.201.3588 or mgm@jmbm.com.

David Sudeck

David Sudeck is of Counsel in JMBM's Real Estate Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. David has significant experience in the vacation ownership arena, focusing on the formation and registration of condominiums, timeshares and fractional interest regimes. He negotiates hotel, spa and restaurant management agreements, and assists client in the development, acquisition, sale and leasing of hotels, golf courses and restaurants. For David's take on current issues in the timeshare arena, go to www.HotelLawBlog.com and click on the topic, "Timeshare." For more information, please contact David Sudeck at 310.201.3518 or dsudeck @jmbm.com.

Robert Kaplan

Robert Kaplan is a partner in JMBM's Bankruptcy, Insolvency and Restructurings Group and a senior member of the Global Hospitality Group(r) -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. Bob represents lenders, special servicers, hard money lenders, community banks, national banking associations, distressed debt investors, and equity investors, positioning them for the best possible outcome by acting expeditiously to preserve value and increase cash flow. His industry experience and his knowledge of the current capital markets -- where distressed assets often include complex deal structures and securitized loans -- allows him to bring creative and effective strategies to the table. When aggressive litigation is the best strategy, he is a vigorous and effective advocate for his clients. Bob represented the securitized lender in the Chapter 11 bankruptcy case filed by the Clift Hotel in San Francisco, and in the subsequent negotiations and successful sale of the loan to a third party. The lender -- acting by and through GMAC Commercial Mortgage Corporation as special servicer -- was the holder of a $60 million loan secured by a Deed of Trust on the Clift Hotel. He has also served as counsel to CapMark, J.E. Robert Company, Inc., AMRESCO Management Inc. and Midland Loan Servicer in their capacity as special servicers on troubled hotel loans in CMBS pools. For more information, contact Robert Kaplan at 415.984.9673 or rkaplan@jmbm.com.

Martin Orlick

Martin Orlick is a partner in JMBM's Real Estate Department and a senior member of JMBM's Global Hospitality Group(r) -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. Marty specializes in representing hospitality industry clients in Americans With Disabilities Act (ADA) compliance and defense. He has represented more than 300 businesses in ADA issues, many of them hotels and restaurants, as well as hotel mixed-use properties. Marty is a member of the American College of Real Estate Lawyers (ACREL) and a frequent speaker on the ADA and other topics. To read Marty's articles, go to www.HotelLawBlog.com and select "ADA." For more information, please contact Marty Orlick at 415.984.9667 or morlick@jmbm.com.

James Abrams

James Abrams is Of Counsel at JMBM and is a senior member of JMBM’s Global Hospitality Group -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. Jim has served the hospitality industry for 40 years and specializes in lodging and hospitality law and in representing and advising trade associations and other non-profit entities. Jim has significant experience in government affairs at the national level, the state level – including the California Legislature and scores of state agencies – and with local governments and agencies. He has authored successful ballot measures and scores of bills for his clients. Jim served as the President and CEO of the California Hotel & Lodging Association from January 1, 1991 through December 31, 2008 and is currently an adjunct professor in the Hospitality Industry Management Program at the University of San Francisco. He is a frequent speaker and writer on all aspects of the law relating to the lodging and hospitality industries, and he is the author of the book Laws Pertaining to the California Innkeeper, which is published by the California Hotel & Lodging Association. To read Jim’s articles, go to www.HotelLawBlog.com. For more information, please contact Jim Abrams at (415) 398-8080 or jabrams@jmbm.com.

Global Hospitality Group®
1900 Avenue of the Stars
7th Floor
Los Angeles, CA 90067
Direct: (310) 201-3526
Direct Fax: (310) 712-8526
E-mail: jbutler@jmbm.com

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Ask The Hotel Lawyer ™

Ask the Hotel Lawyer™ is a quarterly column that I write for JMBM's Global Hospitality Advisor®. If you have a question you would like to submit to Ask the Hotel Lawyer™ please use the comments box below. While your question may not be of sufficient general interest for the column, I will try to respond to you individually if you leave your contact information below. Jim Butler.