Kurt P. Gruber

Partner

Orlando
T +1.407.649.4042
F +1.407.841.0168

Overview

Kurt Gruber focuses his practice on real estate and hospitality law, with a concentration on the shared ownership and vacation industries. He works with clients on matters involving timeshares and fractionals, condominiums, vacation rentals, travel products, exchange products, resort management, and owner associations. Having previously served as general counsel to a timeshare development and management corporation, he has unique insight into and understanding of his clients' businesses, and provides practical advice and assistance with issues that arise in the day-to-day operations of such businesses.

Select Experience

  • Participated in or served as lead drafter of every amendment to the Florida Vacation Plan and Timesharing Act since 1988, as well as participating in the drafting of significant amendments to Florida's Condominium Act, which affects the hospitality industry. Most recently served as lead drafter in connection with timeshare resale, timeshare transfer company, and timeshare nonjudicial foreclosure amendments to the Florida Vacation Plan and Timesharing Act.
  • Regularly participates in drafting and passing shared ownership legislation throughout both United States and non-United States jurisdictions, including providing assistance to and representing the American Resort Development Association (ARDA) in such efforts.
  • Provides legal advice and counseling in connection with development of shared ownership products and structures, both for smaller companies developing single-site projects and for major players in the industry, including recognized hospitality brands, developing multisite projects. Most recently assisted a major hospitality company in structuring a new advanced timeshare product using a trust and owners’ association platform.
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Experience

  • Participated in or served as lead drafter of every amendment to the Florida Vacation Plan and Timesharing Act since 1988, as well as participating in the drafting of significant amendments to Florida's Condominium Act, which affects the hospitality industry. Most recently served as lead drafter in connection with timeshare resale, timeshare transfer company, and timeshare nonjudicial foreclosure amendments to the Florida Vacation Plan and Timesharing Act.
  • Regularly participates in drafting and passing shared ownership legislation throughout both United States and non-United States jurisdictions, including providing assistance to and representing the American Resort Development Association (ARDA) in such efforts.
  • Provides legal advice and counseling in connection with development of shared ownership products and structures, both for smaller companies developing single-site projects and for major players in the industry, including recognized hospitality brands, developing multisite projects. Most recently assisted a major hospitality company in structuring a new advanced timeshare product using a trust and owners’ association platform.
  • Drafts legal documentation to create shared ownership and community developments, including master declarations, declarations of condominium, declarations of timeshare plans, related easements and owner association documents.
  • Manages and assists with registration of shared ownership and vacation products with applicable federal and state agencies, including timeshare registrations, condominium registrations, seller of travel licensure, telemarketing licensure and registrations, and exchange program registrations.
  • Drafts consumer purchase and financing documents for the sale and financing of vacation products, including related disclosure documents, escrow agreements and security instruments.
  • Provides clients with advice and guidance with respect to the sales and marketing of vacation products, involving issues ranging from advertising restrictions to real estate licensure and brokerage to target marketing.
  • Provides advice concerning resort management and operation matters, including owner association and board of director issues, budget development and reserve requirements, property management and reservation, and use plan issues.
  • Provides advice to timeshare clients concerning financial services laws such as mortgage broker laws, retail installment financing laws, the federal Fair Debt Collection Practices Act and state debt collection acts, the Gramm-Leach-Bliley Act, and the Federal Trade Commission Act, as well as state unfair or deceptive trade practices acts. 

Recognitions and Memberships

Recognitions

  • Chambers USA: Recognized Practitioner, Nationwide Leisure & Hospitality (2015 to 2017)
  • Acritas Star (2016)
  • The Best Lawyers in America© (2018)
    • Orlando: Leisure and Hospitality Law

Memberships

  • American Bar Association
  • Florida Bar Association
  • Orange County Bar Association
  • American Resort Development Association (ARDA)
    • Resort Management Committee
    • Federal Issues Committee
    • State Legislative Committee
    • Model Timeshare Resale Act Task Force

Community

  • University of Central Florida: Guest Lecturer and Timeshare Advisory Board Member

Prior Positions

  • Island One, Inc., and Island One Resorts Management Corporation: Senior Vice President of Planning and Development, General Counsel (2000 to 2008)
  • ARDA: Chair of General Counsel Council

Admissions

  • Florida

Education

  • J.D., The University of Texas School of Law, 1988
  • B.A., The University of Texas, 1985, high honors