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Browse Articles/Documents About Real Estate Ownership
137 rows selected

Title (click to view) Description Author(s) Published
California Subdivided Lands Act (Part 1) CALIFORNIA CODES BUSINESS AND PROFESSIONS CODE SECTION 11000-11023, the California consumer protection law that regulates the sale of subdivisions and undivided interests such as tenants in common (TICs)   01-15-2016
California Subdivision Map Act (Part 2)     01-15-2016
California Subdivision Map Act (Part 3)     01-15-2016
California Subdivision Map Act 2 (Part 1) CALIFORNIA GOVERNMENT CODE SECTION 66410-66499, the California law that specifies how cities and counties can restrict lot splits, condominium conversions and other subdivisions   01-15-2016
Allocating TIC Property Taxes: A Property Manager’s Perspective SF's leading TIC manager discusses how tenancy in common owners allocate property taxes and how to solve common TIC property tax problems within the owners group and with the County Assessors Office.   03-12-2015
Summary of San Francisco’s New Short-Term Rental Law The new law makes vacation rentals in San Francisco clearly illegal in most situations, and empowers neighbors and tenants groups to take the lead in shutting them down. Here is a summary.   10-27-2014
Sample Property Co-Ownership Agreemen For Two Parties Investing Together Template designed for situations where two parties will co-own investment property as tenants in common, or where there are more parties but they will be effectively separated into no more than two subgroups.   10-07-2014
Key Differences Between TICs and Condos     03-28-2014
2013 San Francisco TIC market statistics and sales trends     12-17-2013
Can an owner move after satisfying condominium conversion owner-occupancy requirements but before applying? Is it okay to sell while conversion is in process?     11-25-2013
San Francisco Rent Board Regulations (512 KBytes, PDF)     11-14-2013
San Francisco Rent Control Ordinance (532 KBytes, PDF)     11-14-2013
Learn about tenancy in common construction/acquisition loans with partial releasing, and assess the individual TIC takeout financing options     11-12-2013
How do fractional ownership and private residence club exchange programs work? What are the differences, and which exchange programs are best?     11-04-2013
New David-Stirling Act Part 5     09-02-2013
New TIC Bypass Condominium Conversion Application (889 KBytes, PDF) The latest San Francisco DPW condo conversion application form/instruction packet for the new expedited conversion program, released March 23, 2015.   07-20-2013
Best practices and strategies for pricing and price multipliers in fractional ownership, quartershares, and residence clubs     05-30-2013
Best practices for allocating usage in fractional ownership and residence clubs. Pros and cons of fixed-use, reservation, rotation and exchange options     05-30-2013
Understand fractional ownership terms like equity/non-equity, deeded/non-deeded, titled, private residence club (PRC), destination club, vacation club, and quartershare     05-29-2013
Condominium Conversion FAQs This article provides detailed answers to the questions we are most frequently asked by clients converting their San Francisco properties to condominiums. It is designed for those who have already won or bypassed the condo lottery.   01-23-2013
Starting and Operating 2-4 Unit Condominium Homeowners Associations In California This article provides step-by-step instructions for starting and operating a condominium homeowners association for a 2-4 unit property in California.   01-23-2013
Starting And Operating An Incorporated Homeowners Association In California This article provides step-by-step instructions for starting and running an incorporated California homeowners association.   01-23-2013
Mediation: Frequently Asked Questions     01-18-2013
Sample Equity Sharing Agreement With Extra Investor Security and Investor Tax Benefits An equity sharing contract to be used with an equity sharing trust deed or mortgage to provide added investor protection, and also to generate investor tax benefits.   12-19-2012
Sample Equity Sharing Mortgage Form for a mortgage to be used with an equity sharing agreement (in mortgage states). This document is intended to further protect the equity sharing investor from the risk of default by the equity share occupant.   12-19-2012
Sample Equity Sharing Note and Trust Deed Form for a promissory note and trust deed to be used with an equity share agreement (in trust deed states). This document is intended to further protect the equity sharing investor from the risk of default by the equity share occupant.   12-19-2012
Sample Basic Equity Sharing Agreement A simple equity sharing contract that provides basic protection using a minimum number of documents. It does not attempt to create investor tax benefits. Suitable for use among family members or friends where the investor is not seeking tax savings.   12-10-2012
Sample Equity Sharing Agreement For Investor Tax Benefits An equity sharing contract structured to generate investor tax benefits. It provides basic protection using a minimum number of documents. Suitable for use among family members or friends where the investor is seeking tax savings.   12-10-2012
Sample Equity Sharing Agreement With Extra Investor Security An equity sharing contract to be used with an equity sharing trust deed or mortgage to provide added investor protection. This version does not attempt to create investor tax benefits.   12-10-2012
Sample Equity Sharing Agreements This page explains the various types of sample equity sharing agreements and related documentation that we offer, and links to each of the equity share documents available to download.   12-10-2012
Sample LLC Operating Agreement For Member-Managed Company (3+ Members) No legalese template for LLC with at least 3 members actively involved, for companies that will operate, and manage rental property not owner-occupied.   12-04-2012
Sample Manager-Managed LLC Operating Agreement Operating Agreement template for LLC operated by a manager who will have complete control, in any U.S. state.   12-04-2012
Sample Operating Agreement for Single Member LLC This template can be used for single-member limited liability companies in any U.S. state. It is simple, 4 pages long, and provides the minimum content necessary to satisfy banks, title companies etc.   12-03-2012
Sample Operating Agreement for Two Party LLC Template for two-member LLC to own, operate, and manage rental property in any U.S. state.   12-03-2012
An Introduction to the Limited Liability Company (LLC) Answers to the most frequently asked questions about limited liability companies.   11-28-2012
LLC Cost and Filing State-By-State Comparison Chart (50 KBytes, PDF) A state-by-state comparison chart of LLC formation fees, annual franchise and maintenance fees, and income tax return filing requirements.   11-28-2012
Sample Vacation Home Exchange Contract Sample agreement for short-term vacation home swap to protect owners and tenants   11-28-2012
Sample Vacation Rental Contract This vacation rental agreement template is designed for short-term, furnished vacation or holiday rentals. It attempts to protect property owners by covering the most important issues and risks without becoming overly long or too complicated.   11-28-2012
Obtaining A Tax Certificate For Condominium Conversion Condo converting owners must prepay property tax based on the time of year conversion is completed. This article explains payment amounts and tax certificate requirements and answers the most commonly asked questions on property tax and condo conversion. By David Sirkin and Rosemarie MacGuinness 11-22-2012
Learn differences between timeshare, fractional ownership, private residence clubs (PRC), destination clubs, quartershares, shared ownership and co-ownership (49 KBytes, PDF)     10-08-2012
Using fractional ownership to increase commissions and sales: slides from speech to the CAR Global Real Estate Forum (4572 KBytes, PDF)     10-07-2012
Final Condominium Conversion Lottery Bypass Law (179 KBytes, PDF) Final version of new TIC condo conversion law passed 6/11   09-11-2012
Qualification requirements for the new condo law include conversion fee, owner-occupancy, and lifetime leases. Lottery suspension and the lawsuit poison pill     09-11-2012
Investment Offerings Securities Restrictions Relaxed Those wishing to raise money for real estate investments will now be able to advertise their offerings to the general public without registering a securities offering.   09-07-2012
New California Condominium and Planned Development Homeowners Association Laws (532 KBytes, PDF) In addition to the new version of its basic HOA law (the "Davis-Sterling Law"), California recently enacted a variety of related laws governing condominium associations and planned developments. These are collected here.   08-29-2012
Sample Memorandum of Agreement     05-30-2012
Sample Property Co-Ownership Agreement For Three or More Parties Investing Together     05-30-2012
Sample Property Co-Ownership Agreement For Two Parties Who Will Live Together     05-30-2012
Sample Property Co-Ownership Agreement For Two Parties Who Will Live Together     05-30-2012
Smoking Restrictions In Condominiums This article describes current laws restricting smoking in condominium buildings and explains how condo homeowners can create their own smoking bans and rules.   05-14-2012
Andy Sirkin explains why fractional ownership makes sense as an alternative to vacation rentals for both vacation home owners and renters.     03-09-2012
How relationship selling techniques can lead fractional ownership buyers to make a purchase commitment     03-09-2012
Learn how to sell fractional ownership in a vacation home or condominium, from speaking with buyers or potential partners, to getting a commitment to buy     03-09-2012
Model scripts answer challenging questions from fractional ownership buyers and pose the closing questions     03-09-2012
Ten keys to introducing Realtors to fractional ownership and enticing them to market and sell fractional property     03-09-2012
Learn the 10 best ways to prevent family co-ownership from leading to anger, resentment and frustration     03-08-2012
Step-by-step operating instructions for a fractional ownership association or any group that co-owns and shares vacation or resort property     03-08-2012
How To Fasttrack Your Condo Lottery Bypass Conversion San Francisco allows two-unit owner occupied buildings to bypass the conversion lottery and convert to condominiums following a one-year owner-occupancy period. This article explains how you can fasttrack the condominium conversion process.   02-05-2012
2013 San Francisco Condo Conversion Lottery Winners (40 KBytes, PDF) This is the City's official list of winners by property address.   02-04-2012
Condominium Conversion Top 10 Questions Quick answers to the 10 most commonly-asked questions about the San Francisco condominium conversion process.   02-04-2012
San Francisco Rent and Eviction Control Law (1707 KBytes, PDF) The full text of SF's rent ordinance including the 14 just causes for eviction and the requirements for owner move in evictions, relative move in evictions, and evictions for renovations.   01-29-2012
San Francisco Rent Board Rules and Regulations (758 KBytes, PDF) These rules do not have the force of law but are followed by the SF Rent Board when it adjudicates landlord tenant disputes. These rules are also sometimes used by judges to help interpret Sf's rent control laws.   01-29-2012
Forming and Operating a Small Condominium Homeowners Association Step-by-step instructions for starting and running a small (2-20 unit) condominium homeowners association, including forming and HOA, owner meetings, budgeting, establishment and collection of HOA dues, record keeping, taxes and governmental filings. Andy Sirkin (10/5/11) 10-04-2011
Step-by-step instructions for opening bank accounts, tax filings, getting insurance, calling meetings, voting and more, for incorporated and unicorporated TICs     06-28-2011
Do TICs argue more than condo HOAs? Are TIC agreements enforceable? What’s the fastest and least expensive way to resolve a dispute between tenants in common?     03-29-2011
Key questions to ask before buying a tenancy in common. Is the TIC too risky? Can you sell your share? Will your tenants in common be good partners?     03-22-2011
Condo Buyer's Checklist Learn what to look for in CC&Rs, Bylaws and HOA financial information before buying a condominium. Andy Sirkin (03/22/11) 03-22-2011
Condo conversion for dummies: Quickly determine if your property qualifies, and learn how to convert your building to condominiums     03-14-2011
A Place For All Seasons (2581 KBytes, PDF)     02-04-2011
Condominium Conversion Flowchart (35 KBytes, PDF) A detailed flowchart showing the steps required for condominium conversion in San Francisco   01-31-2011
Condo_Inspection_Handout (96 KBytes, PDF)     12-15-2010
Is converting to condominiums worthwhile? Understand the pros and cons of condo conversion, and learn how to weigh its costs and benefits     12-01-2010
Condominium Documents For Small (2-4 Unit) Properties Learn how CC&Rs and Bylaws for smaller condo HOAs are different, and why small homeowner associations should periodically update their documents.   09-15-2010
Securities Law Primer For Real Estate Professionals An explanation of when securities regulations apply, and how they operate, for investment property sellers, brokers, and other real estate professional By Andy Sirkin 07-29-2010
How to prevent property tax increases when changing title or ownership. Parent-to-child, husband-wife, domestic partner, gifts, LLC, partnerships, and more (10234 KBytes, PDF)     04-03-2010
Why some TIC agreements are better at avoiding TIC problems. Learn the current best contract practices, and how to identify a good tenancy in common agreement     02-05-2010
San Francisco Subdivision Code Relevant sections of San Francisco law governing condominium conversions, stock cooperative conversion, and formation of other types of subdivisions   01-19-2010
A comprehensive and impartial buyers guide to fractional vacation home ownership. Learn the right questions and make the best choice     11-18-2009
Regulations for fractional ownership, residence clubs, and timeshare sales, contracts and disclosure for every European country with bullet point summary .   10-28-2009
Which past evictions and tenant buyouts prevent a building from converting to condos in San Francisco? How to analyze eviction/buyout history and tell if and when a condo conversion is possible     10-15-2009
2014 San Francisco Condominium Conversion Lottery Odds This brief article describes the projected odds of winning the 2014 San Francisco condo lottery. By Andy Sirkin (3/18/2013) 10-01-2009
San Francisco 2009 Condo Lottery Stats (13 KBytes, PDF) The official results of the 2009 condominium conversion lottery as provided by the San Francisco Department of Public Works (DPW), Bureau of Street Use and Mapping (BSM)   09-30-2009
Learn what TIC mortgages are available, how TIC interest rates compare, which TIC loans are best, and how to get TIC financing     05-28-2009
Omni brokerage tic security no action letter (2324 KBytes, PDF) Securities and Exchange Commission rules most sponsored 1031 tax deferred exchange tenant in common (TIC) investment opportunities subject to securities regulations.   01-29-2009
Fractionals 102 Outline (136 KBytes, PDF)     01-28-2009
Fractionals 102 Workshop (75 KBytes, PDF)     01-28-2009
Does fractional ownership, residence club, or timeshare make sense for your project? Explore profit/return, location, compliance, financing, marketing/sales aspects.     01-08-2009
Learn how to tell if a fractional ownership sale is feasible. Analysis tools for vacation home owners and real estate agents     01-07-2009
Equity Sharing 101 This pamphlet covers equity sharing basics: ownership and possession, financial contributions, repair and improvement, and owners' rights at the end of the equity share.   12-11-2008
The only fair way to apportion property tax in a California tenancy in common so that one owner’s sale or improvements do not raise the other owner’s taxes     12-10-2008
Home Ownership For Domestic Partners and Unmarried Couples This pamphlet provides comprehensive information on real estate and home ownership by domestic partners and unmarried couples.   12-09-2008
Equity Sharing 101 (...continued) Part 2 of the pamphlet   12-08-2008
First-Time Home Buyers Top 10 Issues The process of buying and selling real estate is full of terms and procedures that are completely new to first-time buyers. This article will help you master the basics.   12-08-2008
Homeowners Associations (HOAs) FAQs Frequently asked questions about homeowners associations (HOAs), governing documents (CC&Rs and bylaws), association rules, homeowners rights, and amending condominium and planned development (PUD) documents.   12-08-2008
CC&Rs and Bylaws Flat-Fee Rewrite Program The Rewrite Program lets you have your homeowners association's (HOA) governing documents, typically the Covenants, Conditions and Restrictions (CC&Rs) and Bylaws fully revised and updated versions, all for a fixed fee quoted in advance.   12-07-2008
Playing The Home Mortgage Game Most first-time buyers find mortgages hopelessly complicated and arbitrary, and they are absolutely right. But a basic understanding of the players and the plays can make the loan qualification process considerably less frustrating.   12-07-2008
Learn the uses of tenancy in common ownership, the difference between TICs and condominiums, how TIC financing works, and why TICs don’t require city approval     12-02-2008
Which buildings can convert to TIC without government approval? How long does application and approval for TIC sale take and how much does it cost?     11-30-2008
Condominium conversion step-by-step. How to qualify for conversion and bypass the condo lottery? How long does condo-izing take and how much does it cost?     11-29-2008
A fractional ownership specialist lawyer explains the 10 most important issues in shared property ownership, co-ownership and partnership     11-20-2008
Understand the risks and benefits of tenant in common ownership, an affordable alternative to condominiums. Learn TIC best practices and TIC law     11-20-2008
The Home Equity Sharing Manual 2 The most advanced and complete explanation of equity sharing with step by step instructions, examples, sample agreements, tips on how to find investors, finding a mortgage, and advanced knowledge on every aspect of an equity share transaction   11-18-2008
The California Bureau of Real Estate (BRE) has new regulations for formation and sales of tenancy in common (TIC) with exclusive occupancy rights (54 KBytes, PDF)     11-14-2008
New 2014 Davis Stirling Act CALIFORNIA CIVIL CODE SECTIONS 4000-6150, the new version of California law that describes the requirements for homeowners association activities and the rights of owners in condominium and planned developments (PUDs).   09-17-2008
New Davis Stirling Act Part 2 Principal law governing homeowners associations in California   09-17-2008
New Davis Stirling Act Part 4 Principal law governing homeowners associations in California   09-17-2008
New Davis Stirling Part Act 3 Principal law governing homeowners associations in California   09-17-2008
Are fractional ownership and private residence clubs the same as timeshares? What’s the difference between fractional ownership and timeshare?     08-06-2008
Experts discuss how TICs perform in the real estate market. Is buying a TIC risky? Do TICs hold their value? How does TIC appreciation compare to condominiums?     08-06-2008
Owning a vacation home at a fraction of the cost--is owning with others asking for trouble? When is fractional ownership better than owning alone?     08-06-2008
Fractional Ownership of French Property: La Tribune interviews Andy Sirkin on the growth of fractional ownership in France (Francais) (87 KBytes, PDF)     05-23-2008
Can major renovations or building expansions allow a building to convert to condominiums with owner-occupancy or winning the condo lotto? What is “new construction”?     02-08-2008
TICs AND 1031s—PART 2 An introduction to the issues relating to tax-deferred (IRC Section 1031) exchanges into tenancy in common (TIC) property investments   12-20-2007
Key concepts in French real estate transactions, taxation and treaties; tax effects of various fractional ownership structures; tax consequence of vacation rentals and commercial characterization (346 KBytes, PDF)     12-14-2007
2013 San Francisco Condominium Conversion Lottery Details (245 KBytes, PDF) The 2013 condo lottery will take place February 6, 2013. Tickets will be on sale from November 26 until January 18. Tickets cost $275 per building and can be purchased at 875 Stevenson Street, Room 410.   11-28-2007
Anwers to the most frequently asked questions on all aspects of fractional ownership for the buyer, seller, developer or Realtor     11-16-2007
Law, regulations and filing requirements for fractional ownership, residence clubs and timeshare for all 50 states with bullet point summaries     11-16-2007
TICs AND 1031s—PART I An introduction to the issues relating to tax-deferred (IRC Section 1031) exchanges into tenancy in common (TIC) property investments   10-01-2007
Small TICs are not better or less risky than big ones. The pros and cons of large and small TIC groups for risk, operating, resale and condo conversion     09-17-2007
Tenants often buy their apartments when their building converts to TIC. Example of how TICs are sold to current tenants and how tenants organize a buying group     09-17-2007
Each tenancy in common owner can have a separate mortgage. Learn how fractional financing works, and why one co-owner's default does not affect other owners     09-17-2007
How does the SF condominium lottery work? The chances of winning the condo lotto, and how many years it takes to win. When will the condo lottery resume?     09-17-2007
Sell TIC shares gradually as tenants vacate without increasing property tax or risk, and defer capital gains tax     09-17-2007
TIC Corner Column for May 2005 What is the significance of the San Francisco Board of Supervisors' recent disapproval of a condo conversion? Andy Sirkin
250 Montgomery Street, Suite 1200
San Francisco, CA 94104
(415) 738-8545
www.andysirkin.com
09-17-2007
TIC developers do not face the same liability risks as condominium developers, and are sued no more often than sellers of existing rental apartments     09-17-2007
Own a Slice of The Ideal Vacation with Fractional Ownership (27546 KBytes, PDF) Article from Luxury Travel Magazine (summer 2007)   07-25-2007
A Second Home at Half the Price (3560 KBytes, PDF) Money Magazine article describing the benefits and exploding popularity of fractional vacation real estate ownership, private residence clubs, destination and vacation clubs, and other forms of fractional vacation property.   07-25-2007
California appellate court clarifies that TIC conversions are not subject to local subdivision or condominium conversion restrictions (178 KBytes, PDF)     06-18-2007
Fractionals: TICs For Vacation Home or Condominium Excerpt from article relating to shared vacation home tenancy in common arrangements.   10-18-2006
Full text of California law on timeshare, fractional ownership, and residence clubs, including registration, advertising, sales, contracts and owner protection (977 KBytes, HTM)     10-11-2006
Tax Aspects of Fractional Ownership: Learn whether dues and expenses paid by owners of residence clubs, timeshares and other fractional ownership arrangements tax deductible (210 KBytes, PDF)     10-11-2006
Past Evictions May Prevent SF Condo Conversions The San Francisco Board of Supervisors has passed a new law linking a building’s eviction history to its ability to be converted to condominiums.   05-10-2006
California Bureau of Real Estate article on when TIC conversion and sale requires government approval (257 KBytes, PDF)     06-03-2005
California appellate court again strikes down local law prohibiting TICs. This decision was finally ordered published, making it official     06-03-2005
Proposed New Condominium Conversion Law Fails A proposal by Supervisors Dufty and Alioto-Pier that would have allowed larger owner-occupied TICs to bypass the condominium conversion lottery was defeated by a 6-4 vote on April 5. Supervisors Peskin and Maxwell were the key "no" votes.   02-10-2005
Ellis Act CALIFORNIA GOVERNMENT CODE SECTIONS 7060-7060.7, the California law that allows owners and landlords to evict rent control tenants in order to take their building off the rental market   12-16-2004
Must a renter leave at lease end? Can an owner evict a tenant to move in? What is the Ellis Act and how does it work? Can a renter waive rent control rights?     12-14-2004

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