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Fractional Ownership Agreement
"I need a Fractional Ownership Agreement for a luxury yacht based in Florida, to be shared among four high-net-worth individuals, with quarterly usage rotation and professional management services to be provided by Blue Ocean Management LLC starting March 2025."
1. Parties: Identifies all parties entering into the fractional ownership agreement
2. Background: Explains the context and purpose of the agreement, including details about the property being shared
3. Definitions: Defines key terms used throughout the agreement
4. Ownership Structure: Details the fractional interests held by each owner and the form of ownership
5. Purchase Price and Payment: Specifies the purchase price for each fraction and payment terms
6. Management and Administration: Outlines how the property will be managed and decisions will be made
7. Usage Rights and Scheduling: Establishes the system for allocating usage time among owners
8. Operating Costs and Expenses: Details how ongoing costs will be shared among owners
9. Maintenance and Repairs: Specifies responsibilities for property maintenance and repair procedures
10. Insurance Requirements: Outlines required insurance coverage and cost sharing
11. Transfer Restrictions: Details limitations on selling or transferring ownership interests
12. Exit Mechanisms: Procedures for owner exit, including right of first refusal and buyout provisions
13. Dispute Resolution: Procedures for resolving conflicts between owners
14. Term and Termination: Duration of the agreement and conditions for termination
15. General Provisions: Standard legal provisions including governing law, notices, and amendments
1. Property Manager: Required when a third-party property manager will be appointed
2. Special Usage Provisions: Needed for properties with unique usage requirements (e.g., aircraft maintenance schedules)
3. Capital Improvements: Required for properties likely to need significant upgrades or improvements
4. Marketing and Rental: Include if owners agree to rent out the property during unused periods
5. Environmental Compliance: Required for properties with environmental considerations or requirements
6. Death and Incapacity: Detailed provisions for handling ownership transfer upon death or incapacity
7. Tax Matters: Specific tax allocation and reporting requirements if complex tax situations exist
8. Property Usage Rules: Detailed rules for property use, often needed for residential properties
1. Schedule A - Property Description: Detailed description of the property including specifications and inventory
2. Schedule B - Ownership Percentages: List of owners and their respective ownership percentages
3. Schedule C - Operating Costs Allocation: Breakdown of how operating costs are calculated and allocated
4. Schedule D - Usage Schedule: Annual calendar showing allocated usage periods for each owner
5. Schedule E - Management Agreement: Terms of engagement with property manager if applicable
6. Schedule F - Maintenance Schedule: Required maintenance activities and their frequency
7. Appendix 1 - Property Rules and Regulations: Detailed rules governing the use of the property
8. Appendix 2 - Contact Information: Contact details for all owners and key service providers
Authors
Real Estate
Aviation
Maritime
Luxury Goods
Hospitality
Entertainment
Sports & Recreation
Commercial Property
Private Transportation
Investment Management
Legal
Compliance
Real Estate
Asset Management
Operations
Finance
Risk Management
Business Development
Investment
Property Management
Corporate Affairs
Wealth Management
Legal Counsel
Property Manager
Asset Manager
Real Estate Director
Aviation Manager
Investment Manager
Compliance Officer
Operations Director
Chief Financial Officer
Risk Manager
Business Development Manager
Wealth Manager
Corporate Lawyer
Property Administrator
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