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Protecting Against the Current Real Estate Market
August 31, 2005
For the past several months there has been a steady drumbeat in the press about the overheated real estate market. Is it a case of modern-day tulip mania or merely a reflection of the laws of supply and demand? Will prices continue to surge or is there a crash looming? Although macro economic factors doubtless are at play, nevertheless there has been little discussion of what action, if any, individual co-op and condo boards, buyers and owners can or should take, as a matter of law or policy, to protect their respective interests and preserve the stability of their buildings in this environment.
Index
August 31, 2005
Everything contained in this month's issue in an easy-to-read format.
Cooperatives & Condominiums
August 31, 2005
Recent rulings of importance.
Landlord & Tenant
August 31, 2005
Recent rulings of importance to you and your practice.
Development
August 31, 2005
The latest rulings.
Real Property Law
August 31, 2005
Analysis of the latest rulings.
Commercial Landlords Tilt the Playing Field Against Tenants under New Bankruptcy Law
August 31, 2005
The changes in the coming bankruptcy law (effective Oct. 17, 2005) are certain to be welcomed by commercial landlords who are given new advantages when tenants file for bankruptcy. Landlords will have new ammunition to control the disposition of premises and to ensure prompt performance of lease obligations. The new law already has landlords and tenants rethinking their strategies, both in the leasing stage and post-bankruptcy. Because the law is subject to significant uncertainty in its interpretation and function, however, only time will tell how the changes play out.
The Leasing Hotline
August 31, 2005
Highlights of the latest commercial leasing cases from around the country.
In the Spotlight: Secure Your Premises and Keep Employees Safe
August 31, 2005
How does a public place of business create a secure workplace without feeling like a prison in lockdown? There are several approaches to security. The first thing to consider is the area you want to protect. For example, installing safety film on windows helps to protect against injuries in the event that the glass shatters. In addition to the obvious threat of doors/entrances, the mailroom is an important point of access (remember the anthrax?). If you think your business may be a target, you could consider scanning the mail and having a separate air handler in the mailroom to contain any incident.
What's in a Name? All 'Ground Leases' Are Not the Same
August 31, 2005
The term "ground lease" may be used in connection with shopping center development in two ways. In some deals, the developer of the shopping center leases the shopping center land from its owner and develops the shopping center on the leased land, building store buildings and leasing space to the actual users (a "development ground lease"). In other cases, the shopping center developer owns the shopping center land and leases an unimproved portion of the shopping center (usually a "pad" or out-parcel) to a tenant who will build its own building on the leased land and operate a business there, such as a fast food restaurant, drug store or bank (a "retail ground lease").

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