Joseph M. Hernandez

Partner
305-350-7325
Hablo Español
Area of Focus: Real Estate
"Joseph knows the field. He is someone who works to get the deals done for their client and does not over-lawyer a particular aspect. Joseph is negotiating things on a cost-effective basis." - Chambers USA source
Joseph M. Hernandez
Partner
305-350-7325
  • OVERVIEW
  • EXPERIENCE
  • INSIGHTS
  • CREDENTIALS
  • PRACTICES
GET TO KNOW JOSEPH

Drawing on his prior experience as a banker and general counsel for a private equity firm, Joe Hernandez counsels a variety of clients in negotiating and structuring complex commercial real estate transactions. He represents real estate developers, financial institutions, private equity firms, family offices and public entities in all phases of such transactions, with deals across the United States, Latin America and the Caribbean. He handles acquisitions, development, financing, leasing, joint ventures, and advises clients on raising capital for real estate projects.

He also represents developers and investors in the area of condominium redevelopment, which oftentimes involves the bulk-acquisition of condominium units and the complex process of terminating an existing condominium. He helps clients navigate all stages of the process, from due diligence, joint venture structuring, structuring bulk-acquisitions and termination strategies, to acquisition financing, construction financing, and mezzanine financings that facilitate the redevelopment.

Joe is a Fellow of the American College of Real Estate Lawyers (ACREL), a prestigious fellowship reserved for lawyers distinguished for their skill, experience and high standards of professional and ethical conduct in the practice of real estate law. He also serves as Chair of ACREL’s Common Interest Ownership Committee.

Q & A
How does your professional experience outside of private practice inform your counsel to clients?
My clients frequently cite my background as both a banker, and general counsel for a private equity firm, as important in my ability to render them insightful counsel. The banking experience provided me with the perspective and understanding of the business side of every transaction I work on, going beyond strictly legal parameters to consider how my recommendations may affect the financial well-being of the client. Meanwhile, my general counsel background has accustomed me to think strategically about client matters where I adopt a long-term view of their business goals and tailor my legal advice to cover the wider operational implications that a given transaction may have.  Also, as general counsel, I engaged attorneys and law firms and have a keen understanding of the need to provide real value to clients.
What is an important trend that you see shaping real estate development in Florida?
The redevelopment of aging condominiums will certainly be on the rise in the coming years. In May of 2022, Florida enacted new legislation in response to the Champlain Towers South tragedy to address safety concerns for condominiums and cooperative buildings. The most substantive effect of this law is that it will cause a dramatic increase in assessments for a large number of unit owners across the state. This will incentivize many of them to sell their property to developers, as they look to avoid the costly repair and retrofitting work that will now be mandatory for some older buildings. Consequently, I expect to see a sustained uptick in bulk-acquisitions, condominium terminations and redevelopment activities, which will require experienced counsel familiar with the complexities of condominiums and their unit owner-controlled associations.
EXPERIENCE
Experience
Representation of Merrimac Ventures and Aria Development Group in obtaining a $95 million construction loan for a 32-story condominium tower, part of the larger $3 billion Miami Worldcenter development.
Experience
Representation of the owners of several properties in the Overtown area of Miami, Florida, as part of a joint venture, to develop a $1 billion mixed-use project in several phases. Counsel included the negotiation of a joint venture agreement and the closing of the conveyance of certain parcels into ...
Experience
Served as Special Counsel to a major city in Florida in connection with the negotiation of a ground lease for a $1 billion marina and mixed-use development project. Reviewed and negotiated the ground lease, master declaration and various ancillary documents related to the hotel, marina, condo and re...
Experience
Represented a lender in its $1 billion senior mortgage participation and mezzanine loan to a nursing home and healthcare facilities company.
Experience
Represented a large hotel company in the refinancing of $300 million in mortgage financing for a large resort hotel in Orlando, Florida.
Experience
Represented Florida East Coast Industries in real estate aspects of the $270 million acquisition of Codina Group, Inc., the largest industrial developer in South Florida, and acquisition of related real estate assets.
INSIGHTS
Speaking Engagement March 6, 2025
Bilzin Sumberg's Real Estate Partner, Joseph M. Hernandez, interviews Nitin Motwani, Managing Partner of Merrimac Ventures at Florida State University's Kislak Real Estate Market Strategies – South Florida Forum.
Client Alert February 3, 2025
On February 6, 2025, new rules go into effect for implementing Section 692.204, Florida Statutes—the law restricting the purchase of real property by certain persons or entities from China. The rules touch upon various aspects of potential acquisition of real property in Florida by such entiti...
Speaking Engagement January 30, 2025
Joseph M. Hernandez serves as a speaker during TerraLex's Real Estate Virtual Event where he discusses Florida’s Conveyances to Foreign Principals Act and how it is shaking up regional real estate investment, creating uncertainty and opportunity.
Publication January 24, 2025
Years of changes in the Florida Condominium Act, reacting to market and other factors, have posed challenges that may threaten a portion of Florida’s housing supply. But even as Florida grapples with the fallout of legislative changes to its condo law, it offers critical lessons in building a ...
Publication January 13, 2025
The Florida condo market is recalibrating, as changes to the Condo Act tank the market for 30-plus year old condos, creating uncertainty for the thousands of families who own them. But developers looking to buy them are facing their own uncertainty.
Publication December 27, 2024
As we approach the end of 2024, several legal and economic developments are coming to a head for condominiums. From a key statutory deadline and long-awaited court rulings to an imploding market for older condominium units, here is what to watch for in the coming months as Florida’s condominiu...
CREDENTIALS
  • University of Miami, J.D., cum laude, 1996
    University of Florida, B.S.B.A., 1987
  • American College of Real Estate Lawyers

    Common Interest Ownership Committee, Chair
    Fellow

    University of Miami

    School of Law
      Adjunct Professor, Real Property Development LLM Program
      Member, Real Property Development LLM Advisory Board

    American Bar Association

    Real Property Section
      Member

    The Florida Bar

    Real Property, Probate and Trust Law Section
      Member

    Greater Miami Chamber of Commerce
    Leadership Miami, Class of 2001
    Junior Achievement of Greater Miami

    Former Chairman of the Board and Executive Committee Member
    Board of Directors, Member

  • Florida
  • Band 3, Chambers USA, Real Estate, 2021 - present

    The Best Lawyers in America, Real Estate Law, 2019 - present

    Florida Trend’s Legal Elite, 2007-2012; 2020, 2022

    Daily Business Review, Dealmaker of the Year Award, 2015

     

  • Spanish