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Fractional Ownership Agreement
"I need a Fractional Ownership Agreement for a luxury vacation property in British Columbia, shared between four corporate entities, with quarterly rotation of usage rights and a professional management company starting March 2025."
1. Parties: Identification of all fractional owners and any management entity
2. Background: Context of the agreement, description of the property/asset, and purpose of the fractional ownership arrangement
3. Definitions: Defined terms used throughout the agreement
4. Ownership Structure: Details of ownership percentages, shares, and title holding arrangement
5. Purchase Price and Payment: Initial purchase costs, payment terms, and contribution requirements
6. Usage Rights: Schedule and allocation of usage rights, rotation system, and booking procedures
7. Management and Operations: Day-to-day management, decision-making processes, and voting rights
8. Expenses and Contributions: Operating costs, maintenance expenses, reserve funds, and owner contribution obligations
9. Transfer Restrictions: Limitations on selling or transferring ownership shares, including right of first refusal
10. Exit Mechanisms: Procedures for owner exit, forced sale provisions, and buyout terms
11. Dispute Resolution: Process for resolving conflicts between owners
12. Insurance and Liability: Required insurance coverage and allocation of liability
13. Term and Termination: Duration of agreement and circumstances for termination
14. General Provisions: Standard legal provisions including governing law, notices, and amendments
1. Property Management Company: Include when a third-party management company is engaged for property operations
2. Rental Program: Include when owners have the option to rent out their usage periods
3. Guest Privileges: Include when defining specific rules for owner guests and delegated usage
4. Special Assessments: Include when there may be need for extraordinary expense contributions
5. Death and Incapacity: Include when specific provisions for succession or transfer upon death are needed
6. Usage Point System: Include when implementing a point-based usage allocation system
7. Environmental Responsibilities: Include for properties with specific environmental obligations or concerns
8. Developer Rights: Include when the property is part of a development with retained developer rights
1. Schedule A - Property Description: Detailed description of the property/asset including legal description, specifications, and inventory
2. Schedule B - Ownership Allocation: Detailed breakdown of ownership percentages and corresponding rights
3. Schedule C - Usage Schedule: Annual calendar showing usage allocation and rotation system
4. Schedule D - Operating Budget: Annual budget including fixed and variable costs, reserve contributions
5. Schedule E - Management Agreement: Terms of engagement with property management company if applicable
6. Schedule F - House Rules: Detailed rules and regulations for property use and maintenance
7. Schedule G - Insurance Requirements: Specific insurance coverage requirements and minimums
8. Appendix 1 - Property Photos and Plans: Visual documentation of property condition and layout
9. Appendix 2 - Maintenance Standards: Detailed maintenance requirements and standards
Authors
Real Estate
Aviation
Marine
Luxury Assets
Hospitality
Recreation
Investment Management
Property Development
Tourism
Private Transportation
Legal
Real Estate
Asset Management
Operations
Finance
Risk & Compliance
Business Development
Property Management
Investment
Contract Administration
Property Manager
Real Estate Developer
Corporate Lawyer
Asset Manager
Investment Advisor
Property Developer
Business Development Manager
Operations Director
Legal Counsel
Finance Director
Wealth Manager
Contract Administrator
Risk Manager
Compliance Officer
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