The materials in our Resources section are for informational purposes only, without any representation that they are accurate or complete. These publications do not constitute legal advice and do not create an attorney-client relationship between the reader and any other person, nor are they an offer to create such a relationship. These publications are current as of the date written, but laws change over time and vary from state to state. As a result, the information presented here may not be timely and/or appropriate for any state not specifically addressed in a publication. Consult an attorney if you have questions regarding the content of any publication.

Real Estate

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Posted on October 5, 2018

For nonprofits, as for all businesses, the location where you operate plays an important role in how your organization will function and whether it will thrive. When selecting a space and deciding whether to own or lease (and under what terms), it is all too easy to dive into a deal before fully considering your needs and possible risks. In this seminar, our speakers will cover a broad range of considerations that all nonprofits should keep in mind as they make real estate decisions, including:

* Aligning your real estate decisions to support your mission
* Business and legal considerations of renting versus owning
* The legal purchasing process
* Risks of ownership unique to 501(c)(3)s
* Key terms to watch out for in commercial leases

Presenter: Mack Heller of Eversheds Sutherland and James Pitt of Kellogg Partners

Click here to view the webcast.

Posted on February 21, 2018

This webcast will provide an overview of “premises liability law” and outline the legal responsibilities of nonprofits operating facilities in Georgia, including offices, warehouses and program space. The webcast will also address common scenarios involving injuries that can happen at a facility and will provide useful insights about preserving information after an incident to reduce exposure and risk to the nonprofit.

Presenter: Dan Kingsley of Swift Currie

Please click here to view the webcast.

Posted on November 5, 2014

This article provides basic information on whether a Georgia nonprofit organization should accept a charitable donation of real estate, including some of the important questions to ask when considering accepting a donation.

Posted on February 27, 2014

Your organization has grown and you now need your own building, or a bigger building, and you have the funds to buy rather than rent. You’ve bought a house before, or have at least seen people do it on TV, and it seems so simple! Surely buying a commercial building isn’t much different? Unfortunately (unless you’re a real estate lawyer!), the process of buying a commercial building can be complicated. Certain pitfalls, if not avoided, could leave you with no building (and/or no money) to show for all your hard work. So, don’t miss this informative workshop for a broad overview of:

• Reasons to buy vs. rent.
• Key issues to negotiate in your purchase contract.
• Due diligence for buying a building.
• Common pitfalls to avoid in the diligence process.
• The closing process.
• Common ownership risks and ways to avoid them.

David Burch, Morris, Manning & Martin, LLP

Click here for webcast.

Posted on September 25, 2013

This article provides basic information regarding whether a nonprofit organization’s owned real property is exempt from Georgia’s property tax, how to apply for property tax exemption, and best practices for maintaining that exemption.

Posted on September 16, 2009

Leases are often long documents in “legalese” that non-lawyers fall asleep trying to read. Many nonprofits have leases they don’t understand, are considering trying to renegotiate their leases, or have donated space arrangements and no written agreement regarding the parameters of the arrangement. With times being tough, it’s important to understand the “legalese” in a lease agreement.

During this one hour webinar, our speaker helps nonprofits understand:

  • The pros and cons of a lease
  • What terms should be included in a lease
  • How to negotiate a lease
  • How to renegotiate a lease
  • How to terminate a lease

Presenter: David Reid, Sutherland

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