Services for friends and family cobuyers
Coliving Counsel provides legal support to families and friends cobuying real estate. Services include:
development support services reviewing state ministerial approval laws, state ADU laws, and local laws to help clients add bedrooms, add ADUs, add dwelling units, and build friend and family compounds;
arrangement choice services helping clients decide on initial real estate co-ownership structures and financing options, understand possible subsequent real estate co-ownership structures, and create a plan for conversion to a subsequent ownership structure, if desired; and
agreement drafting for the arrangement of your choice.
Development Support for Cobuyers
Coliving Counsel provides development support to cobuyers on the following matters:
the process and possibility of adding bedrooms to a home;
the process and possibility of adding an additional kitchen to a dwelling unit;
reviewing ability to add dwelling units on the same lot under local zoning laws, including Berkeley’s Middle Housing Zoning changes, Oakland’s Missing Middle zoning amendments, and Sacramento’s Missing Middle Housing Interim Ordinance;
subdividing and adding additional units through state law ministerial options like SB 9, SB 684, and SB 1123;
subdividing and adding additional units through local administrative and ministerial options like Berkeley’s Middle Housing Infill Project program; and
adding accessory dwelling units.
Often, Coliving Counsel helps cobuying groups understand how development choice influences real estate co-ownership legal structure.
Arrangement Choice for Cobuyers
Coliving Counsel helps cobuyers with arrangement choice. This advice typically includes a memo providing:
analysis of available initial ownership structures based on number of units needed, California subdivision law, on-market timelines, available loan products, and the group’s finances;
analysis of possible ultimate ownership structures based on number of units purchased, chosen initial ownership structure, local condo conversion laws, local real property transfer tax structure, the loan product used for the initial ownership structure, and the group’s finances; and
a recommendation of initial ownership structure and ultimate ownership structure most suitable for your group.
Agreement drafting for Cobuyers
Coliving Counsel provides agreement drafting services to cobuyers. Coliving Counsel will draft the agreements necessary to implement your chosen real estate co-ownership arrangement. Typical documents include:
limited liability company operating agreements for 5+ unit properties and as a second-stage ownership structure for some 1-4 unit properties;
condo project bylaws and conditions, covenants, and restrictions (“CC&Rs”); and
leases for projects involving some rental units.