Community Collateral: Security Rights in Common Interest Community Declarations

Probate and Property, Volume 30, Number 4, 2016

7 Pages Posted: 25 Aug 2016  

Christopher K. Odinet

Southern University Law Center

Randy P. Roussel

Phelps Dunbar LLP

Date Written: July 30, 2016

Abstract

The common interest community framework is seen in almost all legal forms of real estate-related projects and ranges from condominium complexes, housing developments, vacation timeshares, and numerous mixed-use projects. The foundational document of the common interest community is the “declaration of covenants, conditions, and restrictions” — a document that sets forth the basic framework of the community, imposes a number of deed restrictions, easements, and servitudes, and establishes a governing association of owners geared toward handling the day-to-day operations of the community. Frequently the developer will reserve to himself for a certain period of time a number of rights under the declaration, such as the sole authority to govern the association, add or withdraw real estate to the community, and raise assessments, among others. Increasingly financing transactions involving common interest communities are requiring the developer to collateralize his declarant rights in favor of the lender. However, the status of declarant rights under the law, as well as how they fit (or don't) into contemporary secured credit frameworks remains uncertain. This Article analyzes this uncertainty and posits how it might be addressed going forward.

Keywords: Secured Lending, Real Estate, Property Law, Common Interest Communities, Homeowners Association, Condominium Association, Timeshare, Cooperative, Banks, Lending, Developers, Housing, Credit

Suggested Citation

Odinet, Christopher K. and Roussel, Randy P., Community Collateral: Security Rights in Common Interest Community Declarations (July 30, 2016). Probate and Property, Volume 30, Number 4, 2016. Available at SSRN: https://ssrn.com/abstract=2816318

Christopher K. Odinet (Contact Author)

Southern University Law Center ( email )

P.O. Box 9294
Baton Rouge, LA 70813
United States
225-771-4900 (Phone)

HOME PAGE: http://www.sulc.edu

Randy P. Roussel

Phelps Dunbar LLP ( email )

400 Convention Street
Suite 1100
Baton Rouge, LA 70802-5618
United States

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