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LLC Operating Agreement

Standard Operating Agreement for Sweetgrass Property LLCs

Download Full Agreement

The complete LLC Operating Agreement is available for download. This document governs the relationship between co-owners and outlines all rights and responsibilities.

Agreement Overview

This Operating Agreement governs the limited liability company that owns each Sweetgrass property. When you purchase a fractional interest, you become a member of the property-specific LLC with rights and obligations defined in this agreement.

Article I: Organization

1.1 Formation

The Company is organized as a limited liability company under the laws of Delaware. Each property is held by a separate Series LLC to provide liability protection and operational independence.

1.2 Name and Principal Office

The Company name shall be "Sweetgrass [Property Location] LLC" with principal offices at 2100 Ross Avenue, Suite 500, Dallas, TX 75201.

1.3 Term

The Company shall continue until terminated as provided in this Agreement or by law.

Article II: Membership Interests

2.1 Capital Contributions

Each Member's initial capital contribution equals their purchase price for their fractional interest. No Member is required to make additional capital contributions except as approved by majority vote.

2.2 Ownership Percentages

Ownership percentages are based on the number of shares owned. Standard shares are 1/8 (12.5%) interests, though members may own multiple shares up to 7/8 (87.5%) of the property.

2.3 No Personal Liability

No Member shall be personally liable for any debt, obligation, or liability of the Company solely by reason of being a Member.

Article III: Management

3.1 Manager

Sweetgrass Management LLC serves as the Manager responsible for day-to-day operations, maintenance, and administration. The Manager may be replaced by vote of Members holding at least 75% of membership interests.

3.2 Major Decisions

The following require approval by Members holding majority of interests:

  • Sale or refinancing of the property
  • Capital improvements exceeding $50,000
  • Changes to the operating agreement
  • Admission of new members beyond initial offering
  • Material changes to property use

3.3 Design Decisions

During pre-construction phase, all design decisions including finishes, fixtures, and furnishings are made by simple majority vote of Members.

Article IV: Usage Rights

4.1 Usage Allocation

Each 1/8 share entitles the Member to 6 weeks of annual usage. Usage is scheduled through the Company's reservation system with the following priorities:

  • Advance reservation window based on ownership percentage
  • Holiday weeks rotate annually among Members
  • Peak season weeks distributed equitably
  • Last-minute availability on first-come basis

4.2 Usage Rules

Members must comply with property rules including occupancy limits, no smoking, pet policies, and maintaining the property in good condition. Violations may result in usage restrictions.

Article V: Financial Provisions

5.1 Operating Expenses

Members pay monthly dues proportional to their ownership to cover:

  • Property management and maintenance
  • Insurance and property taxes
  • Utilities and HOA fees
  • Reserve fund contributions
  • Administrative expenses

5.2 Rental Program

Members may place unused weeks in the rental program. Net rental income after management fees (25%) is distributed to the renting Member.

5.3 Distributions

Proceeds from property sale or refinancing are distributed pro rata based on ownership percentages after payment of all obligations.

Article VI: Transfer Restrictions & Exit Options

6.1 Right of First Refusal (ROFR)

Before selling to a third party, a Member must offer their interest to existing Members at the same price and terms. Members have 30 days to exercise this right. If multiple members want to purchase, the share is divided pro rata based on existing ownership.

6.2 Exit Strategy Options

Members have multiple paths to liquidity:

  • Internal Buyout: Sell to existing members at negotiated price
  • Sweetgrass Buyback: Company purchase at 90-95% of appraised value
  • Marketplace Listing: List on our secondary market for full value
  • Private Sale: Transfer to qualified buyers after ROFR period
  • Fractional Lending: Borrow up to 70% against share value

6.3 Valuation Method

For transfer purposes, value is determined by:

  • Independent third-party appraisal (cost split between parties)
  • Average of two appraisals if disputed
  • Marketplace comparable sales data

6.4 Permitted Transfers

Members may transfer to immediate family or trusts without triggering ROFR, subject to Manager approval. Estate transfers are permitted with proper documentation.

6.5 Transfer Fee

A 3% transfer fee is paid to the Company on all transfers to cover administrative costs and maintain property reserves. Sweetgrass Buyback program waives this fee.

Article VI-A: Tax Benefits & Structure

Tax Advantages for All Members

As LLC members, all owners receive pass-through taxation benefits:

  • Depreciation Deduction: Write off property value over 27.5 years
  • Mortgage Interest: Deduct interest if you finance your purchase
  • Property Tax Deduction: Deduct your share of property taxes
  • Operating Expenses: Deduct maintenance, management, insurance
  • Cost Segregation: Accelerate depreciation on certain components
  • 1031 Exchange Eligible: Defer capital gains when selling

Rental Income Treatment

When you rent unused weeks to other Sweetgrass owners:

  • Rental income offsets operating expenses
  • Net income is passive income for tax purposes
  • Losses may offset other passive income
  • 14-day rule: Use less than 14 days/year for maximum deductions

Important Tax Considerations

Consult your tax advisor regarding material participation rules, passive activity limitations, and state-specific treatment. Tax benefits vary based on individual circumstances and usage patterns.

Article VII: Meetings and Voting

7.1 Annual Meeting

An annual meeting is held virtually each January to review financials, discuss property matters, and vote on any required decisions.

7.2 Voting Rights

Each Member votes in proportion to their ownership percentage. Voting may be conducted electronically through the owner portal.

7.3 Action Without Meeting

Members may take action without a meeting by written consent of the required majority.

Article VIII: Dissolution

8.1 Events of Dissolution

The Company shall dissolve upon:

  • Vote of Members holding 75% of interests
  • Sale of the property
  • Court order
  • As required by law

8.2 Winding Up

Upon dissolution, assets are liquidated and proceeds distributed after payment of all debts and obligations, with any remainder distributed pro rata to Members.

Article IX: Dispute Resolution

9.1 Mediation

Members agree to first attempt resolution through mediation before pursuing other remedies.

9.2 Arbitration

If mediation fails, disputes shall be resolved through binding arbitration under American Arbitration Association rules.

9.3 Governing Law

This Agreement is governed by Delaware law without regard to conflict of law principles.

Article X: General Provisions

10.1 Amendments

This Agreement may be amended only by written consent of Members holding at least 67% of membership interests.

10.2 Severability

If any provision is deemed invalid, the remainder of the Agreement continues in full force and effect.

10.3 Entire Agreement

This Agreement constitutes the entire agreement among Members and supersedes all prior agreements and understandings.

Important Notice

This is a summary of key provisions. The complete LLC Operating Agreement contains additional details, definitions, and provisions. You should review the full agreement with legal counsel before purchasing a fractional interest. Each property may have specific amendments or variations to this standard agreement.