BLOG

Supreme Court Considers Changing Internet Sales Tax Policy

Posted on May 4, 2018

The Supreme Court is expected to issue a decision by the end of June in South Dakota v. Wayfair, Inc., et al, a case that could change how sales taxes are collected on Internet purchases.

Two years ago, South Dakota passed a law that would require out-of-state companies to pay sales taxes if they sold more than $100,000 worth of goods or made 200 separate sales transactions in the state. The law was designed as a direct challenge to the Supreme Court’s 1992 ruling in Quill Corp. v. North Dakota, which blocked states from collecting sales taxes from Internet retailers if those retailers don’t have a store, warehouse or sales staff physically present in the state.

NAIOP supports the collection of existing sales and use taxes from online retailers that are already owed to state and local governments. Not doing so puts brick-and-mortar retailers at a disadvantage to out-of-state vendors whose purchasers can avoid taxes.

Read More

How to Set Up a Private Equity Real Estate Fund

Posted on May 3, 2018

By Jan A. deRoos, PhD and Shaun Bond, PhD

How does one go about creating a partnership to raise equity for ongoing real estate investment?

THIS ARTICLE INTRODUCES the contemporary structure of private equity real estate funds and outlines the steps necessary to create and properly manage a fund. It discusses the motivations for creating a fund and the factors that should be considered when setting one up. A future article will examine how securities laws impact the offering and management of a fund, as well as typical offering terms.

In its simplest form, a real estate private equity fund is a partnership established to raise equity for ongoing real estate investment. A general partner (GP), henceforth referred to as the sponsor, creates the fund. The sponsor asks investors, known as limited partners (LPs) to invest equity in the partnership. Those funds, along with money borrowed from banks and other lenders, will be invested in real estate development or acquisition opportunities.

Click here to read more.

Female Coworking Spaces: On the Rise and Under Scrutiny

Posted on May 2, 2018

By Jennifer Lefurgy, PhD

According to a recent Global Coworking Survey, 1.7 million people will be using 19,000 coworking spaces around the world by the end of 2018, and 40 percent of those users will be women. Since the industry launched in the mid-2000s, coworking companies have marketed to predominantly young, single men and provided associated amenities such as pool tables, craft beer, and other lures that typically encourage male bonding. This strategy has begun to change as the number of women using coworking services is predicted to rise and as women continue to voice their need for safer workplaces. Several female-focused coworking companies such as ShecosystemPaper DollsBloomRise Collaborative Workspace and Hera Hub have opened multiple locations in North America and Europe. Women-centric workspaces offer what traditional coworking spaces do not: calm, spa-like interiors; child care; lending libraries featuring female authors and mentorship programs.

Click here to read more.

Congratulations to Our 2018 Clay Shooting Tournament Winners!

Posted on April 25, 2018

2018 NAIOP Charlotte/CRCBR Clay Shooting Tournament

Thank you to everyone who came out on Thursday, April 19, for the NAIOP Charlotte and CRCBR Annual Clay Shooting Tournament at Meadow Wood Farm.

Click here to view photos from the event.

Top Overall Team
Charlie Guiraud
Jay Hendrix
Sean McDonnell

Top Overall Male Shooter
Matt Ferlisi



Read More

REBIC Primary Election Voter Guide is Now Available

Posted on April 24, 2018

The REBIC Primary Election Voter Guide is now available. View below or click here to view.

Local Labor Pool Can Determine Property Strength

Posted on April 23, 2018

Growing e-commerce companies and a shrinking window for last-mile delivery have pushed desirable industrial properties closer to the customer. Beyond improved delivery times, businesses and industrial developers have to contend with another key factor in site selection: the labor pool.

As distribution and fulfillment centers grow in physical footprint and reach to meet online retail demand, so has the number of employees needed to operate facilities. Industrial owners, developers and brokers need to take the labor pool into account when assessing properties.

In CBRE Executive Vice President Mindy Lissner’s experience, the size and quality of the local workforce have become top priorities.

Click here to read more.

Net Lease Sector Stable in 2018

Posted on April 20, 2018

The Net Lease Research Report by National Real Estate Investor (NREI) finds the single-tenant net lease sector will remain "in solid shape for the foreseeable future, even in what many are viewing as the late stages of the current real estate cycle." The results were compiled from 490 responses from a February survey of NREI readers; about half of the respondents held the titles of owner, partner, president, chairman, CEO or CFO. Sixty-three percent of survey participants expect cap rates for net lease properties to increase over the next 12 months. Debt and capital equity are also expected to remain as available as they have in the previous two years. The industrial and medical office sectors are predicted to drive the strongest demand over the next year. Respondents commented that there are "diamonds in the rough in secondary/tertiary markets," and the influx of German stores Lidl and Aldi will create investment opportunities. Dollar stores, largely protected from the rise of e-commerce, have "become a popular bet for some net lease investors."

What's on the agenda for president of NAIOP Charlotte this year

Posted on April 19, 2018

By: Ashley Fahey

The first female president of NAIOP Charlotte has a sizable agenda for her leadership term this year.

Cheryl Steele, member at Charlotte law firm Horack Talley, began her presidency late last year at the local NAIOP chapter, part of the national organization that celebrated its 50th anniversary last year. NAIOP is a commercial real estate development association that includes networking and educational events as well as advocacy for legislation on behalf of its members, most of whom work in commercial real estate, at the national, state and local level.

Read More

CRE Companies Prepare for Europe's Data Privacy Rules

Posted on April 18, 2018

According to Axios, U.S. companies are “largely unprepared” for the new European Union (EU) data privacy laws that will take effect this May. The General Data Protection Regulation (GDPR) is intended to “give users more control of how their personal data are used and streamline data processes across the EU.” Companies that fail to achieve GDPR standards will face penalties and fines. Europe has taken a stricter stance than the U.S. on protecting consumer privacy and the new regulation will serve as a “litmus test for regulating the data economy.” The effects will be far-reaching for tech companies and e-commerce merchants, but will also affect any company that collects data on customers, including real estate brokers, managers and owners. Any real estate companies dealing with individuals in Europe will have to remain compliant. GDPR will grant the following rights to individuals:

  • The right to be informed that data is being collected.
  • The right to access the data.
  • The right to change, correct or update the data.
  • The right to erase data.
  • The right to restrict processing.
  • The right to data portability.
  • The right to object.
  • Rights in relation to automated decision making and profiling.

According to Inman news, these regulations cover CRE companies that store personally identifying information on potential customers and existing tenants. Property managers, many of whom collect and process data regarding energy efficiency, must gain consent from tenants.

What's Next for Infrastructure?

Posted on April 17, 2018

Lawmakers are back in Washington after a two-week break. But as they’re coming back into town, a key figure in the Trump administration is set to depart.

DJ Gribbin, the man who drafted President Donald Trump’s infrastructure plan, is leaving the administration. A White House official told reporters Gribbin wants to pursue “new opportunities.”

The infrastructure plan Gribbin helped pull together aims to spend $200 billion in federal money and generate roughly $1.5 trillion in overall infrastructure spending. Improving the nation’s infrastructure and transportation networks is a NAIOP legislative priority.

Read More

Best Practices in Developing Skilled Nursing Facilities

Posted on April 16, 2018

By: Greg Lazaroff

Photos courtesy of Michael Adkins, PHCM Construction Inc.An Ohio-based developer of these specialized properties describes how it is capitalizing on growing opportunities as well as evolving market trends.

AN AGING POPULATION and medical advances that are extending the average person’s life expectancy are increasing the need for skilled nursing facilities. Developers are responding by gearing up to build more of these projects to meet the expected need. One such company, Premier Health Care Management, a Cincinnati-based nursing home developer and operator, plans to double in size in the next three years by expanding its total number of beds from 700 to 1,200 through building renovation, expansion and ground-up construction.

Premier’s in-house architectural team, PHCM Construction Inc., is currently working on five nursing home development projects with a combined construction value near $100 million. All are geared toward capitalizing on market trends that include residents’ desire for private rooms and more amenities. These trends, along with variables such as site conditions, occupancy codes and availability of financing, are among the primary challenges faced by most senior living development projects.

Click here to read more.

E-sports Arenas Gaining Popularity as Urban Entertainment Anchors

Posted on April 19, 2018

A recent RCLCO Advisory Report describes the small but growing category of e-sport arenas as holding promise to anchor new and existing large, mixed-use entertainment districts in North America. Electronic sports, or "e-sports" is a broad category covering "competitive multiplayer video games played by professional video game players, for spectators’ enjoyment during regular season and tournament league games." E-sports teams are generally organized based on game title and geographic region, supported by sponsors and advertising, and are moderated by professional e-sports commentators. Spectators can view in person at various arenas or watch livestreaming events over platforms such as Twitch and YouTube. E-sports reached 335 million viewers in 2017, split between occasional viewers (57 percent) and enthusiasts (43 percent), and viewership has increased by "double-digit percentages in recent years, and is forecast to exceed half a billion viewers by 2021."

E-sports arenas could, according to the report, drive adaptive reuse of existing real estate, especially former retail buildings. The majority of existing arenas have been converted from a range of product types including casinos, sound stages and office buildings. Arenas require tall ceilings for video monitors, fast and reliable Wi-Fi, and room for spectators. In-person attendance is relatively low compared to online viewers; events attract hundreds to low thousands. Thus, "smaller venues with a capacity from 500 to 5,000 and ranging in size from 15,000 to 30,000 square feet are ideal in the near term to host regular season games."

Does Your Modern Build-out Have a Hearing Problem?

Posted on April 13, 2018

By: Clay Edwards

Open ceilings, exposed concrete floors and glass-walled spaces are the hallmarks of contemporary interiors. These design choices convey a hip and modern mindset for the companies and retailers that inhabit them, but they can come with a drawback that impacts business: noise.

Without the sound-dampening effects of the acoustical tiles used in drop ceilings and wall-to-wall carpeting and other soft surfaces, ambient noises such as conversations, whirring heating and cooling systems, and shifting furniture are amplified. And plans to mitigate this heightened noise can add extra materials, labor costs and time to your build-out.

Click here to read more.

US CRE Outlook is Positive, Bolstered by Confidence in Employment, Debt/Equity Availability

Posted on April 12, 2018

About The NAIOP CRE Sentiment Index

The NAIOP Sentiment Index is designed to predict general conditions in the commercial real estate industry over the next 12 months. The forecast is not based on an analysis of historical data, but rather it represents a look into the future by real estate developers, investors and operators. These NAIOP members are asked to respond to questions based on their ongoing work, including projects in their pipelines. For more information, see Understanding the Index.

Download the report.

Has the US Reached Peak Storage?

Posted on April 10, 2018

According to Curbed, the 2.3 billion square feet of self-storage space in the United States could "fill the Hoover Dam with old clothing, skis, and keepsakes more than 26 times." Trends including baby boomer retirees downsizing, small businesses storing excess inventory, and millennials living in small spaces have contributed to a record-setting boom in the self-storage industry. The article cites industry experts who believe self-storage may be at its peak, and forecast a slowdown due to overbuilding in Phoenix, Arizona; New York City; and Orange County, California. Some critics have pointed out that self-storage spaces are crowding out other more productive land uses; land that could be better used for "commercial, industrial and even residential purposes." Meanwhile, China and much of Southeast Asia are catching up to the U.S. in demand for spare space and emerging as "massive growth markets."

US Administration Continues Infrastructure Proposal Push

Posted on April 9, 2018

Last week, President Donald Trump hosted a campaign-style event in Ohio to discuss his infrastructure plan. The White House Council of Economic Advisers says that, if implemented, the plan could put more than 400,000 people to work over the next decade. Infrastructure and transportation is a legislative priority for NAIOP in 2018.

Trump says he’d settle for a series of smaller bills instead of a single, sweeping bill. Infrastructure improvements could "be passed in one bill or in a series of measures," the president told reporters last week.

That’s important because many observers doubt Congress will be able to agree on any single major bill before the November election. Still, administration officials promise to keep working on the issue. "We will have a push, a strong push to have infrastructure done this year," a senior administration official told CNN. "We hope to get a big chunk done this year."

Read More

Disruptive Forces in the Retail Last Mile

Posted on April 6, 2018

By: Marie Ruff

In 1936, The New York Times claimed, “A rocket will never be able to leave the Earth’s atmosphere.” In 1943, the chairman of IBM said, “I think there is a world market for maybe five computers.” Advances and tools that once seemed impossible are now commonplace – from flying in a commercial airplane to holding a device as powerful as a computer in the palm of your hand.

At CRE.Insights: The Last Mile, speaker David Schwebel, senior director of business development with Swisslog Technology, began his session on the automated age of industrial with these premises:

  1. Change is constant.
  2. Things don’t always go as you expect them.
  3. You will be wrong more than you are right.
  4. When you become right, it changes the world.
Click here to read the full article.

Industrial Real Estate 2018: Disruptions and Structural Shifts

Posted on April 5, 2018

By: Aaron Ahlburn, JLL

Photo courtesy of Meridian Design BuildSupply chain advances and new technologies are affecting how, where and what types of industrial facilities are being built.

Much of the media coverage of industrial real estate today is overwhelmed by e-commerce oriented topics. Retailers continue to build out their delivery, fulfillment and return capabilities, in ways that are having significant impacts on the industrial supply chain and, consequently, on the location and design of buildings. E-commerce is undoubtedly driving significant change within the industrial property sector, but real estate developers and investors should also consider a variety of other disruptions and structural shifts.

These include key changes being made along the supply chain and how those changes are affecting where and how new industrial facilities are being developed today, as well as where and how they will be developed in the future.

Click here to read the full article.

A Look Back at the 2018 NAIOP NC Conference

Posted on March 29, 2018

With more than 275 commercial real estate professionals from across the state and fantastic programming, the 2018 NAIOP NC Statewide Conference in Pinehurst was a success. The conference provided a relaxed, open setting, allowing NAIOP members to connect, learn, and enjoy a little competition on the lawn bowling greens.

Check out the conference photos provided by Clear Sky Images Commercial Photography.

2018 NAIOP NC Award Winners

Read More

Senate Passes Dodd-Frank Reform, Aims to Clarify HVCRE Policies

Posted on March 27, 2018

Senators took a positive step last week, with an overwhelming vote to begin reforming the 2010 Dodd-Frank banking law. The measure, S. 2155, passed on a 67-31 vote, with support from members on both sides of the political aisle.

A key component of the reform measure is a NAIOP-supported provision aimed at improving the regulatory process involving High Volatility Commercial Real Estate (HVCRE) loans. The HVCRE rule, which has resulted in confusion among lenders and borrowers, was originally put into place by the Basel III committee on international banking supervision and was adopted by U.S. banking regulators. 

“The current HVCRE rule is overly broad and forces banks to hold unreasonably high capital levels before they may make certain loans,” said Thomas Bisacquino, NAIOP president and CEO. “We commend the Senate for passing a measure addressing the problem by providing greater clarity on the HVCRE issue.”

Read More