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Fractional Ownership

UTCVenturesLtd

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Jan 9, 2008
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What is the best way to set up fractional ownership? I want to invest in southern destination areas of the U.S. while they are still cheap. Targeting Las Vegas, Phoenix and Orlando. Fractional Ownership seems to be the most desired way to go letting investors come in with smaller amounts of money and be able to enjoy their investments plus enjoy appreciation over time. With smaller amounts of investment capital, they could own properties in many locations whether they use them or rent them out to family or friends. I was thinking to do each property with a corporation formed in the state the property is located in. Investors could swap time with other investors from other project locations. A bookeeper could do the billing with an annual maintenance fee covering management and operation costs. I see that there are no posts on this topic as yet. The only concern from my group of current investors is, will the co owners leave the place clean as they move on and the new owner moves in for a time?
 
Oh, boy..... your investors ONLY concern is whether the place is left clean when co-owners sell?? On the surface, it looks like many things should be concerns and it`s hard to know if your group has addressed them all (eg. tax issues, exit strategy, purpose of the property, price, fundamentals in the investment area, etc, etc.) Be very cautious and consider becoming a REIN member. It will help you see more clearly the perilous path you are considering.
 
MANY MANY issues have to be considered:

a) is it legal ? Most communities allow only certain usage in certain areas. Fractional ownership is usually deemed "commercial" and usually NOT allowed in residential sub-divisions !

b) can you - or teh co-owners - get a mortgage ?

c) how do these co-owners sell their interest ?

d) how do they register their interest ? on title ? who does it ?

e) what kind of taxes do you / they pay ? residential or commercial ? one payment or does each person pay them separate ?

f) who pays condo-fees or management fees ?

g) what do you do if they stop paying those fees ?

h) how do you market this ownership structure ?

i) what do they actually own ? a deed / title ? or an undivided interest ?

j) who does monthly / annual accounting ?

check all angles .. MUCH MORE COMPLICATED than it looks !!
 
I agree...we have strong fundamentals and a growing economy right here in our own backyard. Why not invest here and then when you have succeeded in reaching your goal...then go and buy some vacation properties elsewhere.

I myself, have pondered this over and over as it sounds very appealing and "cool" to own property somewhere hot, but why not rent a condo down there for a few weeks a year for a couple thousand dollars and let someone else worry about whether it is going to be "clean" or not for the next person.

Bottom Line: Buy and hold for a number of years in fundamentally strong areas (ie. Alberta and SK) and then reward yourself later on!!

Just my 2 cents...good luck!!
 
Oh, boy..... your investors ONLY concern is whether the place is left clean when co-owners sell?? On the surface, it looks like many things should be concerns and it`s hard to know if your group has addressed them all (eg. tax issues,

222 A U.S. corporation holds the title and investors are shareholders keeping US transactions in the US. As the group grows, the questions will be answered as well... This is an evolving project targeting commencement in the fall time to early next year.

exit strategy,

222 The corporation holds the title so it is up to an individual if they want to exit by just selling their shares. The corporation and investors can also forge forward and buy additional properties if they wish.

purpose of the property,

222 Primarily fully furnished vacation or short term rental. Perfect for investors who love to travel to the US and want to invest there but do not want a house sitting empty 11 months of the year paying upkeep on something that is not getting used and having to worry about squatters breaking it to use it in their abscene.

price,

222 Not a million dollar mansion and not buying a dive either. Looking for something inbetween, newer, spacious and with a pool.

fundamentals in the investment area, etc, etc.)
Be very cautious and consider becoming a REIN member. It will help you see more clearly the perilous path you are considering.

222 A good idea. Working on a major project this summer so when the cash flow returns in the fall, i can channel into different areas again. I have a small library of real estate books with 3 more to finish reading plus the Rich Dad Education materials. Nothing written on this idea. Usually you see resort complexes selling it so far.
 
QUOTE (UTCVenturesLtd @ Mar 8 2008, 12:04 PM) Oh, boy.....
222 A U.S. corporation holds the title and investors are shareholders keeping US transactions in the US. ... they want to exit by just selling their shares.


You are selling securities.

To do that in Canada you need an offering memorandum (costs about 30K) .. and you have to register it in every jurdisdiction that you target (say: BC, AB, SK, ON, ..) .. and many rules apply that differ by province.

Ditto in the US .. even more rules and more exemptions/differences by state AND the advertising is SEVERALLY restricted / basically not allowed. There is a timeshare act even.

Proceed with extreme caution
or better: don`t do it .. or get a securities lawyer involved real fast !!

budget: $50,000 + $10/minute (or $600/h)
 
Isn`t this a Timeshare? Fractional Ownership still gives you a Title to the place. If you are selling shares, then you aren`t selling Real Estate which might be why there are no previous posts on this Forum. In any case, I would worry about doing anything in the three places you mention. My due diligence tells me that these areas are among the most overpriced in the U.S. and values have much further to fall in the coming year. These are also areas that are overbuilt - too many properties for the current demand and for some time to come. I`d steer clear myself.
 
I agree...we have strong fundamentals and a growing economy right here in our own backyard. Why not invest here and then when you have succeeded in reaching your goal...then go and buy some vacation properties elsewhere.

222 Already did, one Calgary house in 1988 originally, the principle res., a Crowsnest Pass house in 2005 from a weekend getaway to being a rental now.

I myself, have pondered this over and over as it sounds very appealing and "cool" to own property somewhere hot, but why not rent a condo down there for a few weeks a year for a couple thousand dollars and let someone else worry about whether it is going to be "clean" or not for the next person.

222 The idea is to enjoy some capital appreciation after watching a market "bottom out". (If it is the bottom) and our dollar exchange rate being so attractive at the same time. Here is the situation from a basic perspective of a small group of investors. We do not want to as an individual, to have to mortage a $250K place in the U.S. to use 1 month of the year and have sit vacant or rent it out a bit throughout the year ourselves. If we each put in just 10 to 15K per person for a 2 week period of use for example, the house (fully paid for) would be used throughout the year and over time we all would not only have a vacation destination but enjoy some appreciation. For 10 to 15K each, we could buy homes in other locations and swap useage amoungst ourselves. The 64 thousand dollar question is how do we set it up so that we are legally protected, who holds the title? etc... The fractional ownership idea seems to have hit a wall along with using a U.S. corporation to hold the title and investors become shareholders. Calling it a timeshare would not work. This is not a "right to use" deal as we are owners. Whether the group uses the property or their family or friends, it is basically a short term rental. Imagine have a neighbour doing this... you would see 26 different neighbours throughout the year in a vacation mode. If you don`t like a particular neighbour, just wait 2 weeks and they leave, a better deal than getting stuck with a winner permanently...
style_emoticons


Bottom Line: Buy and hold for a number of years in fundamentally strong areas (ie. Alberta and SK) and then reward yourself later on!!

222 Aside from the AB properties, i have a rental home in SK plus 2 lake lots, one a to be flip with 2 other guys that is near completion and the other for personal use which could turn into a year round rental as well. All the real estate deals have more than doubled and one tripled... If i am to follow the basic investing phrase, "Buy low, sell high", i need to look elsewhere for bargains next. Hence, the USA comes into play and it does have issues along with it... For me, i do not have the capital to go it alone. Las Vegas or Phoenix for example are a long drive away. I could move there but then i would have a reverse problem with the properties up here being so far away... There must be a cost effective way to accomplish the task to create the desired win win situation needed to pull off the group useage idea. I just have not hit the magic formula yet. Hoping that someone might be able to help by passing on a possible workable solution.

Just my 2 cents...good luck!!

222 Always appreciated greatly! Thanks... Dean
 
QUOTE (UTCVenturesLtd @ Mar 9 2008, 04:59 PM) ... Here is the situation from a basic perspective of a small group of investors. We do not want to as an individual, to have to mortage a $250K place in the U.S. to use 1 month of the year and have sit vacant or rent it out a bit throughout the year ourselves. If we each put in just 10 to 15K per person for a 2 week period of use for example, the house (fully paid for) would be used throughout the year and over time we all would not only have a vacation destination but enjoy some appreciation. For 10 to 15K each, we could buy homes in other locations and swap useage amoungst ourselves. ...


What you woudl do is the folloiwng, assuming tehy are all "friends" :

you open a company in CANADA. This company issues shares - say 5200. You sell shares at X$s / share. One week = 100 shares.

Let`s say $50/share .. so $260,000 in total.

This company tales title to the property.

You have to setup a USA (Unanimous Shareholder Agreement) which stipulates details such as:
a) annual maintenance fee
b) how the week exchange is regulated (gee, summer in Arizona is not as sexy as Christmas .. so who gets Christmas in 2013 ?)
c) what happens if soneone wants out
d) what happens if soneone doesn`t pay his annual share
e) what happens if a major expense (say a new boiler or roof) is required
f) who does the accounting
g) how much the president gets paid
h) what hapens if a person leaves the place in a mess
i) how much to pay if you use a week or put it back in teh pool
etc etc etc ....
...

doable .. get a lawyer involved to setup details ..

IF the group is small .. say 10 to 12 guys .. it is quite doable with a good USA ..

Once you go over 10 and into the realm of "strangers" you are really selling a security and need an offering memorandum ...

Why not rent a place in the US @ $1000/week .. it is much easier .. and that is why they invented money 500 years ago .. a medium to exchange wares ...
 
QUOTE (thomasbeyer2000 @ Mar 9 2008, 05:34 PM) Why not rent a place in the US @ $1000/week .. it is much easier .. and that is why they invented money 500 years ago .. a medium to exchange wares ...

Thank you for your input! Very good and plenty of detail.
So if we pay our corporation $1000 a week X 52 weeks = $52,000 on a fully furnished home totally just under $260,000 annually, that appears to be quite a nice gross return! How much rent does an average non vacation home bring in?
For growth, we could just duplicate the model with a new corporation and buy a place elsewhere using a new set of friends/family who missed out on the first one. Maybe just add a second location home as outside the group renters start using the homes as well to the first existing corporation. I guess this is where the lawyer and accountant take over in setting it up. Dean
 
QUOTE (UTCVenturesLtd @ Mar 9 2008, 11:17 PM) Thank you for your input! Very good and plenty of detail.
So if we pay our corporation $1000 a week X 52 weeks = $52,000 on a fully furnished home totally just under $260,000 annually, that appears to be quite a nice gross return! How much rent does an average non vacation home bring in?
For growth, we could just duplicate the model with a new corporation and buy a place elsewhere using a new set of friends/family who missed out on the first one. Maybe just add a second location home as outside the group renters start using the homes as well to the first existing corporation. I guess this is where the lawyer and accountant take over in setting it up. Dean
???

52 weeks times $1000/week = $52,000 annually .. where did the 260K come from ??

there will be vacancies !!

get 3 to 5 or 8 LIKE MINDED friends first .. THIS IS VERY VERY VERY HARD .. then agree to a location AND a type of property AND a price point AND a mortgage amount AND a monthly payment schedule AND a set of rules AND have everyone commit $10,000 CASH EACH in a trust account .. THEN (and ONLY then) .. start looking .. you will see how fast this venture will fall apart !!

Who will qualify for a mortgage ? Who will fix broken cupboards ? Who will pay for the couch that has a stain ? 2 TVs or 4 ? one DVD player or 3 ? Who can stay Christmas 2008 .. who Christmas 2009 .. how much will a person pay if they stay more than 8 weeks .. what happens if someone wants out .. what happens if someone stops paying their monthly dues ?

find an AGREEMENT first .. as MANY MANY MANY properties are for sale .. so focus on what is HARD first (i.e. the agreement + rules + cash) .. then find what is easy (and fun): the property !
 
QUOTE (thomasbeyer2000 @ Apr 13 2008, 07:13 PM) ???

52 weeks times $1000/week = $52,000 annually .. where did the 260K come from ??

there will be vacancies !!

get 3 to 5 or 8 LIKE MINDED friends first .. THIS IS VERY VERY VERY HARD .. then agree to a location AND a type of property AND a price point AND a mortgage amount AND a monthly payment schedule AND a set of rules AND have everyone commit $10,000 CASH EACH in a trust account .. THEN (and ONLY then) .. start looking .. you will see how fast this venture will fall apart !!

Who will qualify for a mortgage ? Who will fix broken cupboards ? Who will pay for the couch that has a stain ? 2 TVs or 4 ? one DVD player or 3 ? Who can stay Christmas 2008 .. who Christmas 2009 .. how much will a person pay if they stay more than 8 weeks .. what happens if someone wants out .. what happens if someone stops paying their monthly dues ?

find an AGREEMENT first .. as MANY MANY MANY properties are for sale .. so focus on what is HARD first (i.e. the agreement + rules + cash) .. then find what is easy (and fun): the property !

Good bye Fractional Ownership idea... too much like a timeshare... refining this idea further... trying to come up with the best scenerio and overcoming the obstacles along the way and focus on the goal.
There seems to be several ways to set this up but there are things to consider no matter which way you go i am finding.
Here is the simplified business plan in a nutshell...
Short Term Vacation Rentals Targeting U.S. Destination Vacation Areas Las Vegas, Orlando, Phoenix etc.

Example: 20 core group of investors create a U.S. corporation in one state to start buying property there, each buy $10,000 worth of shares = $260,000 cash in the bank to buy, furnish and leave some operating capital in the bank. Say the group buys an Orlando property. Idea now is not to rent it to a local for $1000 a month but to rent it to vacationers, locals who need a vacation home for visitors, people in a moving transition locally, etc. (a short term rental for whatever reason) at $1000 a week! So the annual possible income goes from $12K to $52K max. First come, first serve. The 20 investors can rent at $1000 a week, which is the fair market value of the area plus we have 20 salepeople promoting our venture.
Next step. We only have one property so we can add just a mere $10,000 more buy buying more shares and repeat our model. We can reinvest some of our profits and $10,000 can be saved up fairly quickly per investor to buy more shares.
So if we max out the number of properties held by the U.S. corporation to 5, we then can take dividends to reinvest in other states or be doing properties in different states along the way creating new corporations in each state. So each investor ends up with $50K into one corporation and corporation maxes the annual income at $52K X 5 properties! As more properties are acquired, we can offer a better choice of weeks available.

This idea would work for Canadian vacation destination properties as well. And it could go world wide!

Some of the issues:

1. Does one or two directors have to be local in that state or can we all be Canadian shareholders of a U.S. C corporation?

2. Should there be one corporation for each property because of the lawsuit potential or would our insurance quite adequately cover that issue?

3. Should we just have 15 investors in a Canadian Corporation and that corporation creates the U.S. C corporations?

4. Should we just have 15 investors in a Canadian Corporation and add any extra shareholders to the U.S. C corporation?

5. Making sure that the resolutions are done and everyone is on the same page. And also that we follow a well laid out plan as in that we are targeting 3 bedroom bungalows, X number of square footage, etc...

6. While our 15 to 20 investors will be travelling to the U.S. enjoying the properties, we would likely have to have a property manager in each of the areas. Who cleans up each week is another consideration.

7. An expensive "Cross Border" Accountant needs to be hired to set this up along with a good "Cross Border" lawyer. The lucky part is once a model is tweaked and working, we can just duplicate it.

8. How would you blend JVs into this type of project or would you go that route? The idea is that the investors are equal in this project. The ones going to the desired area to purchase property would be compensated for their expenses.

I wonder if there are others out there working with vacation property rentals? Especially U.S. ones? Are there some pitfalls with the above plan that you can point out? Anything that looks too good to be true... well you know the rest!

Dean
[email protected]
 
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