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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.

Published on:

Author of www.HotelLawBlog.com
16 September 2006
For this comment, I talked with my partner, Marta Fernandez . She is one of the senior members of our Global Hospitality Group® who specializes in labor and employment issues related to hospitality. Her background and contact information are provided below.

As the strike threats resolve in New York, Chicago and now San Francisco and Monterey, one has to ask, “What does it all mean?” What is the significance, for example, of the deal Local 2 of UNITE HERE cut with the 13 San Francisco hotels making up the SFMEG (San Francisco Multi-Employer Group).

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Published on:

Author of www.HotelLawBlog.com
15 September 2006
On September 15, 2006, Unite Here Local 483 reached a tentative agreement with Hyatt covering 485 workers at the Hyatt Regency Monterey and Park Hyatt at Carmel Highlands Inn according to Marie Vasari, writer for the Monterey County Herald. The proposed four year contract is expected to be ratified by rank and union members next Tuesday, September 19.

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Author of www.HotelLawBlog.com
15 September 2006
Adequate and predictable room inventory is critical to the success of a condo hotel project. Without adequate hotel rooms to accommodate the normal flow of guests, the project simply won’t work as a hotel. Large groups and conferences tend to reserve up to 24 months in advance, so the hotel has to have predictable inventory.

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Published on:

Author of www.HotelLawBlog.com
14 September 2006
After two years of strikes, lockouts, boycotts and tense negotiation, the 13 hotels that make up the San Francisco Multi-Employee Group reached a tentative labor agreement this week with Local 2 of the Unite Here union. Rank and file members of Unite Here will vote on the pact Sept. 22, and it is likely to pass. While the union touts a victory, the agreement is very close to the proposals originally made by the union two years ago. Yes, the SFMEG hotels stood up to the union throughout this time, but the negotiation process was clearly costly to all.

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Published on:

Author of www.HotelLawBlog.com
13 September 2006
Each condo hotel program has specific needs and considerations — there is no “one size fits all” situation. The design and allocations have to be designed for each project particularly as they become larger and more complex.

We quickly found out that the early revenue splitting formulas (e.g. 60% to the hotel and 40% to the unit owner) were really clumsy efforts to cover expenses that couldn’t really be allocated to either the hotel or the unit owner. Where hotel guests and unit owners both use the service, which should pay for its maintenance and benefit from its revenue?

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Author of www.HotelLawBlog.com
11 September 2006
Hotels and other targets of ADA lawsuits have found a friend in the U.S. Constitution: Article III.

Many thousands of ADA lawsuits have been filed in federal District Courts in the past few years. A large percentage of the plaintiffs filing these lawsuits are represented by a handful of plaintiffs’ organizations that specialize in ADA lawsuits. Because plaintiffs can recover attorneys’ fees and litigation costs and — in California and several other states — damages, in addition to injunctive relief, plaintiffs’ organizations have become a cottage industry.

However, some federal courts have recently determined they have no authority to award attorney’s fees, because the plaintiffs failed to establish “Article III standing”.

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Published on:

Author of www.HotelLawBlog.com
8 September 2006

Click here for the latest articles on Condo Hotels

Five keys to success with Condo Hotels

Along with the other hotel lawyers in the Global Hospitality Group® at JMBM, at the time of this article, my team and I have been involved in structuring more than 85 condo hotel projects over the past few years. When developers come to us with a condo hotel project — whether it is a new development or a conversion — we look at five key factors to assess the viability of the project.

These factors are:

  1. economic fundamentals,
  2. the condo hotel program’s design,
  3. a condo hotel regime that will ensure adequate hotel room inventory,
  4. structure and documentation to assure appropriate and consistent quality, and
  5. not locking down the structure until you have a viable regime design.

And although I don’t include it in these fundamentals, you have to worry about SEC compliance for a deal marketed or sold to US buyers (See “Why does the SEC care about condo hotels?“). Today, I want to focus on the all-important economic fundamentals.

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Published on:

Author of www.HotelLawBlog.com
7 September 2006

Click here for the latest articles on Condo Hotels

I’ve been reading some press items lately that suggest the condo hotel phenomenon is coming to an end. The stories point to a few specific markets, like South Florida and Las Vegas, that are saturated with capital and deals, or to specific projects that have gone awry.

Are condo hotels dead? No, they are alive and well. Will the super-heated boom continue? No. Consumer demand will normalize and be cyclical, but quality projects will continue to be successful, particularly in markets that have not been flooded with product.

In any event, we believe that condo hotels continue to perform a valuable role and have earned an enduring legacy in the hospitality industry. They make new hotel development feasible where limited financing and skyrocketing constructions costs would otherwise be prohibitive. And perhaps more importantly–at least over the long-term–condo hotels have changed the way we view hotels being mixed with residential other kinds of real estate projects.

From direct experience with more than 80 hotel mixed-use projects over the past five years, all of which involved a condo hotel or residential component, often with other commercial real estate uses as well, we have participated in a intense effort that has produced some break-through solutions to obstacles that held back many earlier mixed-use projects. This effort has created a new technology and a deep pool of practical experience that already paying huge dividends. This technology and experience is critical to the success of hotel mixed-use as it takes an ever more-prominent role in commercial real estate.

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Published on:

Author of www.HotelLawBlog.com
5 September 2006
As most hotel owners and operators know, the Americans With Disabilities Act (ADA) prohibits discrimination on the basis of disability by “public accommodations,” including places of lodging. This requires facilities to be designed, constructed, and altered – where “readily achievable”– in compliance with the accessibility standards as set forth in the Americans With Disabilities Act Accessibility Guidelines (ADAAG).

The ADAAG standards – last revised in 1994 – are being amended by the Access Board, Department of Transportation and the Department of Justice (DOJ). It is expected that the proposed ADAAG amendments will be adopted substantially as drafted.

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Published on:

Author of www.HotelLawBlog.com
2 September 2006
What should you do after a disaster hits? First, call your attorney.

Robert Mangels, one of JMBM’s mass disaster and insurance claim experts, says “We can make the biggest contribution to maximize recovery when we are brought into a situation as early as possible. We like to be at ‘ground zero’ within 24 hours, leading your disaster team to find and preserve critical evidence and offer the protection of the attorney-client privilege for vital and sensitive information gathered by your expert disaster team.”

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