Suburban office campuses are opening downtown spinoffs in a chase for youth, 20 simple rules for success in commercial real estate, and the Wichita Lineman is still on the line – it’s all here in the Commercial Real Estate News Roundup for December 19, 2014.
- Pace of commercial real estate deals continued in November, Buffalo News, Dec. 9, 2014 – Led off by big deals for a golf course and shopping center, Buffalo’s commercial property market showed no signs of letup last month.
- 20 Simple Rules for Success in Commercial Real Estate, Commercial Observer, Dec. 10, 2014 – Robert Knakal shares 20 rules for commercial RE success. I’ll give him extra points for not making three of them “location”.
- Property Women closing gap in commercial real estate market, Danbury News-Times, Dec. 10, 2014 – Traditional male domination of CRE is slowly but surely moving into the rearview mirror.
- Covington relocation shows how law firms’ push for efficiency affects D.C. real estate, Washington Post, Dec. 11, 2014 – With space requirements shrinking due to digital devastation of the traditional law library of bound books, how can real estate planning for legal adapt?
- U.S. Office Markets Top List for Global Investment Targets, National Real Estate Investor, Dec. 10, 2014 – International capital flows seek their own level – and that level is increasingly US office markets.
- Huge Silicon Valley property deal: $3.5 billion to buy more than 25 office buildings, San Jose Mercury News, Dec. 9, 2014 – Hudson Pacific Properties ponies up three and a half big ones for a portfolio of 26 office buildings.
- Why suburban companies like McDonald’s follow the siren call of downtown, Crain’s Chicago Business, Dec. 13, 2014 – The trends are clear: if you want to hire younger executives, don’t make them commute to sprawling suburban headquarters.
- Industrial leasing, sales filling more big spaces, Bradenton Herald, Dec. 13, 2014 – Coldwell’s 3Q stats for Manatee and Sarasota counties tell a tale of Florida industrial growth.
- For Data Center Leasing, Demand Doesn’t Always Come First, National Real Estate Investor, Dec. 10, 2014 – Why internet expansion and data center provisioning in a speed-starved United States can profitably lead, rather than follow, demand.
- Lange proposing 53-acre industrial park, south Wichita rehab, Wichita Business Journal, Dec. 13, 2014 – Not having heard before from Wichita in our news roundups is an excellent excuse for a quick listen of the Glen Campbell classic song. Also, rehab remains viable in industrial.
- Commercial Mortgages: Using stores as warehouses, retailers can compete with Amazon, Richmond Times-Dispatch, Dec. 14, 2014 – Retail and warehousing can come closer together to chase dollars.
- Q&A: Houston area’s retail scene is evolving, Houston Chronicle, Dec. 13, 2014 – With a local zoning regime akin to the Wild West, Houston’s retail sector has plenty of latitude to make fundamental changes.
- Moving away from nursing homes, New York Times, Dec. 15, 2014 – Rethinking the greying of the US has significant implications in elder care planning, development and operations.
- Multifamily Developers Push the Limits on New Construction, National Real Estate Investor, Dec. 9, 2014 – An eye-popping 405,000 new apartments are in the construction pipe – can the surge last?
- Millennials in NJ turn to multifamily homes, Ashbury Park Press, Dec. 10, 2014 – Millennials say no to McMansions in Jersey.
John Case, President and CEO of Realty Income Corp (NYSE: O) talks sustainability and durability of its acquisitions and how they drive dividends. Year to date, the REIT has sourced $20B of acquisitions and expect to close $1.4 billion more by year’s end. The clock’s ticking on that, but let’s not forget how much holiday shopping is put off until the last minute.
While the 3D printing revolution continues to rewrite the rules of construction, what’s beginning to emerge are some seriously mind-bending structural possibilities using the technology. Bricks printed using ceramic powder and epoxy can take nearly any physical form, including forms designed for maximum structural strength and design flexibility with minimum weight. How many more ho-hum cookie-cutter strip malls should we expect to see built in ten years from an industry that revolutionizes its building blocks in previously unimagined and economical ways?
The answer is: fewer. With apologies to anybody who actually likes those cookie-cutter designs, let me say that it’s about time.
These bricks come to us from the Sabin Design Lab. From the great blog Inhabitat.com:
The lightweight interlocking PolyBricks were developed by the Sabin Design Lab in collaboration with Cornell and Jenny Sabin Studio. It is the first mortarless 3D-printed wall assembly that maximizes structural strength and allows for the production of complex curved structures. PolyBricks feature tapered dovetail joints that have unique positions within a whole. The algorithms that interconnect the components allow aggregative systems to use the force of gravity to lock the bricks in place and strengthen the structures. The team claims that this technique can ensure the construction of entire buildings without generating waste.
Research on the PolyBricks project is based on experimenting with the production of non-standard components and curvilinear forms found in nature. Cost-effective and lightweight, PolyBricks seem to be superior to conventional solid bricks. The project pioneers the development of ceramic as a viable building material, which went from manual and mechanical to fully digital production.
A Navy town’s central business district moves full speed ahead, Chicago’s hard hats ask “what recession?” and the drawbacks of rising rents in Denver. It’s all here in the national commercial real estate news roundup for December 8, 2014.
- Commercial real estate boom could spell trouble for Denver metro nonprofits (Slideshow), Denver Business Journal, Dec. 2, 2014 – The downside of rising rents is made clear when tenants aren’t for-profit businesses.
- Boston’s commercial real estate sector leading the charge in achieving region’s climate change goals, New England Real Estate Journal, Dec. 5, 2014 – In marked difference to South Florida and other seaside markets, climate change is on the minds of Boston’s commercial property market players.
- Voices of the pros: How IT will affect the future of commercial real estate, Dallas Business Journal, Dec. 5, 2014 – At a technology conference in Dallas, execs struggled with figuring out the broad confluence of smart buildings and traditional IT. Spoiler alert: lots of odd and overbroad predictions.
- In Las Vegas, some recession scars are healing, others smarting, VegasInc, Dec. 3, 2014 – The “new normal” in Las Vegas is marked by out-of-control office vacancy and rough economic fundamentals, says VegasInc.
- Best year since 2008 for construction industry, Crain’s Chicago Business, Dec. 1, 2014 – Chicago’s construction sector has recovered fully from 2008′s lows.
- Blackstone to Sell California Office Buildings for $3.5 Billion, New York Times, Dec. 8, 2014 – You can’t get out before you get in, and private equity giant Blackstone has been so very in on office real estate, it makes news when they get out, even out of a minority of their portfolio.
- Chicago’s old main post office building for sale, Chicago Tribune, Dec. 4, 2014 – 2.4 million square feet in Chicago’s west loop, convenient access to Eisenhower expressway. In fact, it runs through the building.
- State Center debate, Baltimore Sun, Dec. 8, 2014 – Meanwhile in Baltimore, State Center is getting yet another look as a transit-oriented property.
- Office Space: Pandora perks include free gadget vending machine, San Francisco Chronicle, Dec. 8, 2014 – Because it’s way more than an internet radio station, Pandora’s office profile piece illustrates way more than another perk-heavy tech office.
- Legal weed could spark a Portland-area industrial space boom, Portland Business Journal, Dec. 4, 2014 – If you thought raising capital for industrial property is a challenge, try raising capital for legal marijuana growing, which still struggles with federal law and bank chilliness.
- Spike in Cyber Monday Sales Boosts U.S. Industrial Market Demand, World Property Journal, Dec. 3, 2014 – Is the country weaning itself off of Black Friday and onto Cyber Monday?
- Prominent Apex shopping center sold for $7 million to Triangle investor group, Triangle Business Journal, Dec. 8, 2014 – A 2004 property fetches a decent price ten years and one major recession later.
- Center City retail scene continues to gain momentum, Philadelphia Business Journal, Dec. 3, 2014 – Is it always sunny in Philadelphia’s Center City? Shopping indicators suggest it is, for now.
- Downtown Suffolk’s new life continues, Hampton Road Pilot, Dec. 8, 2014 – The Navy town’s fortunes billow like full sails downtown.
- Denver real estate player Apartment Realty Advisors to be scooped up for $110 million, Denver Business Journal, Dec. 1, 2014 -
- Real Estate Notebook: Senior living facility to break ground, Sun Sentinel, Dec. 5, 2014
- Phoenix looks to develop largest vacant downtown parcel, Phoenix Business Journal, Dec. 8, 2014
Stephanie Speer, NAR’s Commercial Regulatory Policy Representative would like to let you know that Uncle Sam is grappling with all the implications of the 2012 passage of the Jumpstart Our Business Startups (JOBS) Act. But this isn’t another case of “the government bureaucracy expanding to meet the needs of the expanding government bureaucracy”. This is about legally raising capital using crowdfunding techniques on the internet, a topic near to the heart of every dealmaker faced with stiff credit availability in a banking environment dominated by, well, banks. Enjoy Stephainie’s guest post on a pair of SEC events on crowdfunding. - WG
The Securities and Exchange Commission (SEC) held a two-day event in Washington D.C. focusing on small business capital creation, with a special emphasis on the implementation of the Jumpstart Our Business Startups (JOBS) Act of 2012. The SEC Government Business Forum on Small Business Capital Formation kicked off the event with a roundtable discussion featuring panelists from the Small Business Administration (SBA) and SEC, followed by a second day of panel discussions and work groups.
For context, regulators view the JOBS Act as partner legislation to the Dodd–Frank Wall Street Reform and Consumer Protection Act. Both were created in response to the Great Recession to focus on bank regulations. The JOBS Act was designed to provide more avenues for small businesses to raise capital, expand their operations, and create more jobs. Most of the JOBS Act provisions are in place but there is one provision not yet finalized that is generating a great deal of buzz among many groups of people: crowdfunding.
Much of the discussion at the event focused on how to make crowdfunding regulation work at the federal level. The SEC has proposed regulation that is not finalized and there isn’t yet an anticipated date of completion. Many states already have state-specific crowdfunding laws, but those are limiting to businesses because they only deal with activities occurring within a state. Businesses, investors, and state regulators are clamoring for the federal regulations to be completed so that crowdfunding can legally expand across state borders.
NAR has been monitoring the proposed crowdfunding regulations and working with experts and regulators in the field, as it views crowdfunding as another potential source of funding for commercial real estate. For additional information, check out our recent article in the fall edition of Commercial Connections on the subject (available here) and please contact me at email@example.com with any questions.
The common areas of a condominium property — think swimming pool, yards, elevators, etc. — are commonly owned by the all unit owners in the condominium. Owners of units in the condo make “common expenses” payments in order to maintain (and maintain an interest in) the common areas. But what happens when non-payment of common expenses by a unit owner occurs?
That’s the topic of today’s post at JD Supra, also known as my favorite legal blog in the commercial property market space. In Matthew J. Wilson’s post, we learn that non-payment of common expenses is a matter usually resolved by the condominium corporation exercising a lien right against the non-payer’s unit, such lien to cover unpaid amount, collection and legal costs, and interest.
But as is so often the case in the legal arena, little happens automatically and much is about dotting I’s and crossing T’s. In the case of non-payment of common expenses, a Certificate of Lien is essential to obtain – and hoops need to be jumped through to obtain it:
In order to facilitate this form of communal ownership of property, individual unit owners have to make “common expenses” payments in order to maintain the common elements of the condominium. Since each individual unit owner depends on the others to make their payments in order to maintain the property, the Condominium Act, 1998 provides assistance in enforcing the payment of common expenses. If a unit owner defaults in payment of his or her common expenses payments, the condo corporation has a lien right against the defaulting owner’s unit. The lien covers the unpaid amount of common expenses as well as the interest, reasonable legal costs, and legal expenses incurred by the corporation in collecting the outstanding payment.
Registration of Liens
While the corporation’s lien arises immediately and automatically upon default, there are several legal steps that must be taken. First, a Certificate of Lien should be registered within three months after the default first occurred. A lien is only enforceable for non-payment going back three months prior to registration. For instance, if default began on January 1, but a lien was only registered on April 30, the condo corporation would only have an enforceable lien for arrears owing after February 1. However, once registered the lien is effective for any continued non-payment that occurs after registration.
As well, notice of the lien should be provided to the unit owner 10 days before registration personally or by registered mail. It should also be provided to any others who have a legal interest in the unit, such as a bank holding a mortgage, on or before registration.
Read Wilson’s entire post at JD Supra here. And remember: nothing you read here at The Source should be constituted as legal advice.
Multifamily values, investors reaching for the solidity of commercial real estate, and greater Portlandia (Washington County) embraces a new industrial development. It’s all here in the Commercial Real Estate News Roundup for November 24, 2014
- Commercial Real Estate Is Now a Market of the Haves and Have Nots, WSJ, Nov. 21, 2014 – WSJ points out that the crash is still the crash for suburban office buildings and not their downtown counterparts.
- Canadians snap up U.S. commercial real estate at record pace, Reuters, Nov. 18, 2014 – Boardrooms north of the border are hot on US commercial property
- Experts discuss status of real estate in South Florida at SFBJ’s Market Review, South Florida Business Journal, Nov. 21, 2014 – South Florida conference talks property. Missing from this piece: any mention of NOAA’s predictions of rising seas.
- Seattle, you’re slipping in the nation’s real estate rankings, Puget Sound Business Journal, Nov. 20, 2014 – Emerald City and environs slips a bit in national commercial market rankings.
- Commercial Real Estate Prospects Appear Bright for 2015, WSJ, Nov. 24, 2014 – WSJ catches up with NAR’s Lawrence Yun’s presentation to NAR’s 2014 Expo.
- Schafer: Starved for returns, investors turn to real estate, Minneapolis Star-Tribune, Nov. 22, 2014 – Once again the relative inflexibility and illiquidity of commercial real estate is sought after by investors as a feature, not a bug.
- Is boutique office the next hot thing in D.C. commercial real estate? Washington Business Journal, Nov. 18, 2014 – The more modest space requirements of governmental affairs and lobbying firms are defining the DC office market, says WBJ.
- Colony Financial Agrees $1.6 Billion Cobalt Capital Purchase, Bloomberg, Nov. 19, 2014
- South Jersey industrial market picking up steam, Philadelphia Business Journal, Nov. 21, 2014 – Perhaps with a touch of regionalist envy, Philly’s business organ gives it up for the Garden State’s traditional friendliness to industry
- Trammell Crow, Washington Capital purchase land in Tualatin to develop Southwest Industrial Park, The Oregonian, Nov. 17, 2014 – Meanwhile, east of Portland, development continues apace.
- Denver’s retail market ranked among top 10 for investors, Denver Business Journal, Nov. 18, 2014 – Denver’s retail assets rose 110% between mid-year 2013 and mid-year 2014.
- Retailers Reconsider Real Estate, Mergers & Acquisitions, Nov. 18, 2014 – The sad stories of retailers Coldwater Creek and Dots given a review as the market struggles with e-tailing and bankruptcies.
- Honolulu ranked as one of the top retail markets in the U.S., Pacific Business News, Nov. 18, 2014 – Manhattan number one. Okay. San Francisco number two. Sure. Honolulu…number three? Really?
- Multifamily Market will Continue to Perform, Multi-Housing News, Nov. 20, 2014 – RubinBrown’s Bryan Keller talks strength in 2015 for both conventional and affordable apartments.
- Real Estate Analytics Startup Rentlytics Closes $4 Million Seed Round, WSJ, Nov. 24, 2014 – Rentlytics has brought to market an apartment property management tool that has the venture capital community enthusiastic.
- Report: Multifamily market staying hot into 2015, Sacramento Business Journal, Nov. 19, 2014 – More sunny predictions for multifamily from the Golden State.
Commercial property ownership doesn’t have to come with the classic landlord obligations of taxes, maintenance and insurance. As some investors will tell you, success in property investment can be measured by net trips to the mailbox: if a property owner is writing more checks than she is receiving, there’s often a way to improve that situation by offloading costs onto tenants. In a nutshell, that’s what the triple-net lease does — assigns the costs of property taxes, insurance and maintenance to the tenant as enunciated in the lease agreement.
While the idea seems revolutionary to those who are first hearing it, it’s important to remember there’s no such thing as a free lunch. Triple net isn’t appropriate in every case. The fact is that the creditworthiness of tenants — related usually the degree to which they are backed with guarantees that come with national corporate presence — is the hinge point around which a triple net proposition revolves.
Another reason triple net might not work for the landlord is the fact that tenants who pay taxes, maintenance and insurance necessarily seek lower rent payments. What this does to an owners NOI (net operating income) on the property is of course lower it, which means putting pressure on downstream cash flow requirements that may have been put in place as a result of some portfolio management technique.
Looking for more perspectives on net lease agreements? Check out these short videos from experts, agents and brokers around the US on the subject. It’s useful to hear the different angles on net, double-net and triple-net leasing structures all in one handy spot.
Wherein Chris Mirabella, a financier of triple-net properties based out of Carlsbad, CA gets into his company’s history with triple net and what the leas structure means at various stages of the deal.
Here we find Michael Bull of the Commercial Real Estate Show delivering intel on the net tenant lease sector interviewing CE Hutton of the Hutton Company.
Giving a shorter, more street-level perspective is Edina, MN’s Scott Miller of Keller Williams.
At NAR Expo 2014, commercial membership got a reminder that one of the industry’s most cutting-edge software tools doesn’t cost REALTORS® a dime. A fact made all the more impressive when Realtors Property Resource (RPR) is shown to deliver a depth of trade area data, customer analysis and population trends reliably and intuitively, enabling the commercial REALTOR® as a pathfinder for clients.
Emily Line, RPR’s Director of Commercial Services took the podium at the Expo to update the membership on the importance of partnerships and member feedback in the ongoing development of RPR and its utility to the commercial sector.
In short, it’s partnerships that feed the listings data into RPR – from CIEs and CIXs, CMLSs and other data vendors. Market, demographics, trends and population data come from other vendors
However, data alone does not a useful tool make. She spoke of another kind of partnership with RPR user-members, one critical to the continuous improvement of RPR, its core functions and enhancements. As it turns out, unlike most other commercial property database products, the experiences of RPR users are constantly, actively fed back into the software development process. This produces a software product that constantly evolves to be more valuable to the users that provide the feedback. It’s Emily’s job to facilitate that feedback, and to guide it into technical improvements.
“Our job is never done as far as building out the enhancements [which are] thanks largely to REALTOR® feedback. This is why it’s imperative to us that you not only get into the system and try it out, but that you don’t get discouraged. If something isn’t working for your business needs, call us, tell us.”
Not that features are usually missing — while RPR’s features are deep and sometimes it’s just a call to the team that’s needed to get used to something new to the user, the fact is that RPR being situated as a member benefit gives it a uniquely close and two-way relationship with its users. If you’re not taking advantage of RPR Commercial, you’re missing out on a whole range of business consulting capabilities that your clients could use at deal time.
Developers and commercial property managers and owners faced with improvement and expansion projects rely upon general contractors to take on the project. But how do you separate the heroes from the zeroes in the construction arena? Ask Kia Ricci.
Ricci is a licensed general contractor, consultant and author of Avoiding The Con In Construction. She’s also an engaging speaker with a mastery of the material and many years of hard-won experience. At Ricci’s address to NAR Expo 2014, she walked attendees through the ins and outs of identifying bad actors in construction contracting and subcontracting, from spotting problems in insurance, exploring state-registered complaints about work, to a catalog of scams and ripoffs in the construction trade.
Florida-based Ricci started her career as a Disney World employee in its Central Shops, Disney’s in-house fabrication division responsible for modeling, structuring and building props and structures for the Florida theme park as well as California’s. She spoke of falling in love with construction when working on the Disney Swan and Dolphin resorts, with their 60-foot art adornments. Her making the leap from fantasy-driven projects to more ground-level undertakings was informed by years of working alongside craftspeople in all construction and structural disciplines.
Dotting I’s, Crossing T’s
Of construction contracting, Ricci said “Before any job begins, 50% of it has been done – in contracting, the business of construction. If you don’t get this right, you’e going to probably have problems as construction gets underway.” She listed the various aspects of contracting: project feasibility, scope of work, contractor qualifications, proposals, contracts, estimates, schedules, permits, inspections, contract obtaining and liens.
The talk focused mainly on the two critical areas of licensing and insurance, with Ricci exploring signs of insurance fraud and how to obtain lists of complaints against licensed contractors.
“[License complaints listings] are a gold mine,” said Ricci, while showing a screenshot of Florida’s website dedicated to publishing the complaints against contractors. “If you click in and find out that they have problems with their government licensing agency, you want to know.” She was also careful to point out that not every complaint represents legal action taken – meaning contractor research on state complaint lists produces a different picture than a search in court records for the same contractor’s appearances on paperwork such as lawsuits.