WHEN A CREATES A COMPLEX REAL ESTATE ASSET, such as a regional shopping mall or a multi-purpose project, different owners often own the different components, and different lenders take the different components as collateral. The developer often enters into a mutual facilitation agreement to bring things together and make each component work in the context of the entire project. In a project, each element could consist of land and improvements. In other cases, a component may consist of a three-dimensional space volume in the project. All of this can be large in size and complexity. One way or another, the project will look like a single building or development, but legally it will consist of several distinct components. It will also include general areas that will be used for the entire project or one or more elements. Typically, a central authority, controlled by the developer or project manager, will operate general areas and manage the project. A written and registered facilitation agreement “works with the country,” which means that all future owners are subject to and are bound to the initial conditions of facilitation, as shown in the American Bar Association`s Guide to Home Ownership. When subsequent owners decide that facilitation must be modified or terminated, it may be possible to prepare and submit a new facilitation agreement that will replace the original one. Both owners should accept all new terms of such an agreement, since each owner has obtained an interest or entitle to the benefits of the initial facility when purchasing their property.
What happens when a tenant whose property is tied to a mutual easing contract sells the business and the long-term lease? Is the selling tenant still bound by the obligations arising from the reciprocal facilitation contract? So that brings us back to mutual facilitation agreements. They have different names, including “enterprise agreements,” “common maintenance agreements,” “pacts, conditions and restrictions,” “restrictive declarations,” project declarations or others. This article generally refers to these under the acronym “REA.” Reciprocal facilitation agreements and cost-sharing agreements are not the only way to share common areas. Condominiums do this by creating an association of shared rooms that owns the common areas and keeps them in compliance with the conditions, alliances and restrictions of the municipality. The ride on the CC-R line has the advantage of ensuring the responsibility of a third party, controlled by the owners, of the nuts and screws of the management of the common space. However, this third can increase bureaucracy and costs over the management of the common space through mutual facilitation agreements concluded by the owners themselves. Facilitation agreements may also restrict the right of any owner to sue the other in the event of a dispute. A method of resolving facilitation disputes without including the judicial system, such as mediation.
B, is generally defined in the facilitation document.  The lender rarely expects the REA to be subordinated to the mortgage because the lender understands that the REA is part of what defines precisely the asset that the lender funds.