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Featured Articles

Hotel Lawyers -- featured subjects and articles
Meet the Money® 2014

ADA defense and compliance

EB-5 financing

Workouts, bankruptcies & receiverships

Hotel Management Agreements

Hotel Franchise & License Agreements

Hotel industry trends

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.

Published on:

23 June 2010

Keywords:

Hotel Operating Agreement, HOA, Hotel Management Agreement, HMA, Hotel Management Contract, Management Contract. Hotel Operator, Hotel Manager, Hotel Owner. RFP for Hotel Manager. RFP for Hotel Operator, How to get a great hotel operator.

Terminology

Contracts between hotel owners and managers (or operators) controlling the management of a hotel go by various names. They are called hotel management agreements, HMAs, hotel management contracts or hotel operating agreements. For convenient reference, this article will generally use the term “Hotel Management Agreement” or “HMA.” However all these terms can be used interchangeably and mean the same thing, just as with hotel operator or hotel manager.

Whatever they are called, Hotel Management Agreements allocate risk between the hotel manager and the hotel owner. They are critical in determining the profitability and value of a hotel.

Hotel Lawyer with more on HMA performance standards — the typical Operator clause. This article is one of a series of articles focusing on Hotel Management Agreements or HMAs as they are often called. If you have missed some of the extensive ground covered here before, stop by www.HotelLawBlog.com, particularly at Hotel Management Agreements.

In the last article, we talked about Hotel Management Agreement performance standards and why they matter. Today, we will analyze a typical Operator form of performance standard, and later we will look at a model better suited to an Owner’s interests.

CONTINUE READING →

Published on:

21 June 2010

Keywords:

Hotel Operating Agreement, HOA, Hotel Management Agreement, HMA, Hotel Management Contract, Management Contract. Hotel Operator, Hotel Manager, Hotel Owner. RFP for Hotel Manager. RFP for Hotel Operator, How to get a great hotel operator.

Terminology

Contracts between hotel owners and managers (or operators) controlling the management of a hotel go by various names. They are called hotel management agreements, HMAs, hotel management contracts or hotel operating agreements. For convenient reference, this article will generally use the term “Hotel Management Agreement” or “HMA.” However all these terms can be used interchangeably and mean the same thing, just as with hotel operator or hotel manager.

Whatever they are called, Hotel Management Agreements allocate risk between the hotel manager and the hotel owner. They are critical in determining the profitability and value of a hotel.

Hotel Lawyer with some practical tips on hotel management contract performance standards. Interest has recently spiked in getting new hotel management agreements (HMAs) or re-negotiating existing ones. It seems that some investors buying distressed properties are looking to rebrand and get new hotel operators. Some lenders are too as they take over troubled assets.

That makes this seem like a good time to remind everyone about the wealth of information on this subject at www.HotelLawBlog.com, particularly at Hotel Management Agreements.

CONTINUE READING →

Published on:

22 June 2010

Hotel Lawyer with some tips for hotel lenders so they can take advantage of higher yielding loans with less risk.

This article will focus on 8 pitfalls of hotel lending – the special traps that hotel lending presents beyond all the typical considerations of traditional real estate lending – and how to avoid them. These are hotel-specific structuring, documentation and legal issues that can really snare the unwary lender.

CONTINUE READING →

Published on:

20 June 2010

Hotel Lawyer with lessons from the past on why hotel lending is different and the things you should know.

Hotel lending is different from any other kind of real estate lending . . . because hotels are different from every other class of real estate. These differences are key to understanding why hotel lending is different than lending on any other class of real estate.

CONTINUE READING →

Published on:

18 June 2010

Hotel Lawyer with lessons from the past on why this is the best time to be lending on hotels

Having recently assisted 3 major lenders design their hotel lending programs and hotel loan documentation, the hotel lawyers in JMBM’s Global Hospitality Group® believe that now is the best time for hotel lending in 20 years. My partner, Guy Maisnik, and I thought you might like to know why we believe this is true. So, here’s why.

CONTINUE READING →

Published on:

15 June 2010

Click here for the latest articles on ADA Compliance and Defense.

Hotel ADA defense lawyer alert. LA judge sanctions ADA plaintiff and his lawyer.

Finally, there is a promising new development in California for beleaguered owners of hotels, restaurants and other commercial real estate. An ADA plaintiff and his lawyer were recently sanctioned for lack of merit and failure to perform due diligence prior to filing a lawsuit.

CONTINUE READING →

Published on:

04 June 2010

Hotel lawyers with insights on how some development deals are still getting done: Public-Private Financing for Hotel Developments

To view presentations made by the experts, see the easy download links.

Hotel lawyer Catherine Holmes, one of our public-private hotel financing specialists in JMBM’s Global Hospitality Group® has represented cities and other governmental entities in several public-private partnership hotel development and convention center hotel deals, such as the recent transactions with the City of Dallas and the Redevelopment Agency of the City of Riverside.
Cathy recently moderated a panel on the topic of public-private financing for hotel development in Los Angeles with some of the top experts in the field. Here is a summary of what they told us.

CONTINUE READING →

Published on:

02 June 2010

Timeshare lawyer, David Sudeck, organized a great panel of vacation ownership experts who met earlier this month to discuss developments and opportunities for profit within the vacation ownership industry. David Sudeck, a senior member of our Global Hospitality Group® who focuses on vacation ownership issues, writes extensively on issues in this area. (See the section of HotelLawBlog.com devoted to Timeshare

CONTINUE READING →

Published on:

09 May 2010

Hotel Lawyer with the latest information on hotel loan defaults, foreclosures, forebearances and distressed sales in California from the Atlas Hospitality Group.

CONTINUE READING →

Published on:

07 May 2010

Hotel Lawyer with the latest reports and forecasts on the economy, capital markets and global markets from industry leader presentations at JMBM’s 20th annual hotel conference — Meet the Money® 2010.

The close correlation between the economy and the hospitality industry provides a fascinating subject. Although it is somewhat intuitive that when the economy is growing and people are being hired, more is spent on travel, lodging and leisure . . . and the other way around.

CONTINUE READING →

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