Most investment professionals will tell investors it’s important to diversify. Many investors have almost all of their portfolio in stocks, so they take that to mean diversify stock holdings. Yet, the most prudent investors diversify across asset classes. This strategy can provide even more risk-adjustment. For example, an investor may hold certain portions in stocks, cash, bonds, and hard assets like real estate. To that end, apartment syndications offer a very attractive opportunity to diversify a portion of one’s portfolio. Here’s 6 benefits of doing so:

Asset Appreciation:

Over time, well-managed apartment properties appreciate in value. Strategic improvements to the property, such as renovations or upgrades, can lead to increased rental rates and higher property values. Additionally, appreciation can be driven by market factors like job growth, population growth, and economic development in the surrounding area. As an investor in an apartment syndication, you can benefit from this potential appreciation when the property is eventually sold.

Inflation Hedge:

Real estate, in general, has long been considered a hedge against inflation. As the cost of living rises, so do rental rates, allowing apartment syndication investors to maintain their purchasing power. This means that investing in apartment syndications can offer protection against the eroding effects of inflation on your investment portfolio.

Tax Benefits:

Investing in apartment syndications comes with several tax advantages. Depreciation is one such benefit, allowing investors to offset their passive income with a non-cash expense, potentially reducing their overall tax liability. These tax benefits can significantly enhance the after-tax returns for investors.

Economies of Scale:

Larger apartment communities benefit from economies of scale, which can result in more efficient property management and cost savings. For instance, maintenance costs, property management fees, and marketing expenses are often lower on a per-unit basis for larger properties compared to smaller ones. These cost efficiencies can directly contribute to higher net operating income and, subsequently, better returns for investors.

Lower Volatility:

Compared to stocks and other traditional investments, apartment properties tend to exhibit lower volatility. The demand for rental housing remains relatively stable, even during economic downturns, as people will always need a place to live. This stability can provide a cushion to your portfolio during turbulent market conditions, reducing the overall risk profile of your investments.

Professional Management:

When you invest in an apartment syndication, you’re essentially partnering with experienced real estate professionals who are responsible for managing the property. These asset and property managers have the skills and expertise to identify, acquire, and operate apartment communities, allowing you to benefit from their knowledge without having to take on the day-to-day responsibilities of property management.

In conclusion, apartment syndications present a compelling opportunity for investors looking to diversify their investment portfolios. With benefits like portfolio diversification, asset appreciation, inflation hedging, tax advantages, economies of scale, lower volatility, and professional management, it’s easy to see why apartment syndications are an attractive option for savvy investors. As with any investment, it’s essential to conduct thorough due diligence and ensure that apartment syndications align with your overall investment goals and risk tolerance.

Are you the owner of an investment property or 2nd home? Are you also looking to defer capital gains tax by selling and doing a 1031 exchange of those gains into larger, more stable, passive investments? Then, this is the article for you!

One of the reasons why I started New Sight Capital was because of my frustration with smaller investment properties. One or two tenants could completely destroy cash flow for an entire year or more. Lower cash flow didn’t allow for employing quality, 3rd party property managers. Maintenance, repairs, complaints from neighbors, etc. Maybe you’ve encountered similar challenges or you’re just looking to exit a property and lock in considerable appreciation?

If you sell that property, you’ll most likely be on the hook for capital gains taxes, and those gains are based on whatever your tax basis for the property may be. And, while capital gains tax is lower for most people than their income tax, it’s still a lot to pay. That hurts the long term gains of your equity and reduces the cash flow potential of that equity.

That’s where a 1031 exchange can come into play. A 1031 exchange allows a property owner to sell one property, transfer the capital gains and proceeds into another like-kind property, and defer the obligation to pay capital gains tax on the sale.

Many investors don’t realize that very often you can 1031 exchange these proceeds into an apartment syndication. Not only are you deferring capital gains taxes in these situations, but you’re also investing in a more stable asset class and becoming a passive partner in the process. The work of managing the property, tenants, debt, and financial operations is left to the professional asset managers and property managers. In turn, these syndications may pay distributions and grow your capital.

However, there’s quite a few things to consider when looking to do a 1031 exchange into an apartment syndication.

Rules and Restrictions.

As with everything IRS-related, there are rules that you’ll need to follow to avoid penalties. Before diving into an apartment syndication with your 1031 exchange, you’ll need to take into consideration the following.

A. Timeframes and deadlines:

45-day identification period: After selling your property, you have 45 days to identify potential replacement properties.

180-day exchange period: You must close on the replacement property within 180 days of selling your initial property.

B. Like-kind property requirements:

The replacement property must be “like-kind,” meaning it must be held for investment or business purposes.

C. Holding period for the replacement property:

While there’s no specific holding period, the IRS typically looks for a minimum of one to two years.

D. Proper use of a qualified intermediary:

To ensure a valid 1031 exchange, you need a qualified intermediary to hold the funds from the sale of your property until the replacement property is acquired.

Best Practices for a 1031 Exchange

Proper planning is, by far, the most important component for a successful 1031 exchange into an apartment syndication. I simply cannot stress this enough. Trying to do a 1031 exchange at the last minute is not only inadvisable, it may end up costing you money. Instead, start to plan your 1031 exchange well in advance.

Once you decide you want to sell a property and execute those capital gains via a 1031 exchange, you’ll need to ensure you have the proper team of professionals to support you. This should absolutely entail a good CPA who has prior experience with 1031 exchanges. You may also want to consult with a real estate or tax attorney who can ensure your sale agreements are structured to maximize your 1031 success.

You’ll also need to find a “qualified intermediary.” This is a person or company that is legally required to facilitate the proceeds from a sale of a property into a “like-kind” property in order to defer capital gains realization and capital gains taxes (1031 exchange). In fact, you cannot do a 1031 exchange unless you are using a qualified intermediary. The qualified intermediary cannot be a business partner or someone that has a financial relationship with the investor within 2 years prior to the 1031 exchange.

In addition, we also highly recommend investors that wish to 1031 exchange capital gains into apartment syndications utilize a qualified intermediary that has prior experience with apartment syndications. There are unique structures and nuances when involving apartment syndications. At New Sight Capital, we can recommend experienced qualified intermediaries to assist you in this process and ensure you are following the rules involved in 1031 exchanges.

Lastly, you should absolutely speak with the apartment syndication operator in advance of executing a 1031 exchange. At New Sight Capital, we are sometimes approached by investors that want to execute 1031 exchanges with only a week or two to go in their exchange window. That is a very challenging request because the syndication opportunity and the 1031 exchange need to line up in a way that keeps both sides adhering to their respective rules and regulations. However, if you contact the syndication operator well in advance, both sides can discuss timelines and opportunities. We find this will ensure success for the investor and not add undue stress to the investor during the process.

Another consideration: Tenant-in-Common

One more consideration for investors looking to execute a 1031 exchange into an apartment syndication is something called Tenant-in-Common (TIC). When you 1031 into an apartment syndication, your ownership will be in the form of a TIC. But, to understand a TIC, you’ll first need to understand how apartment syndications are structured.

When a person invests in an apartment syndication, they are actually buying shares in an LLC that owns the property. In essence, the investor doesn’t physically own a piece of the property. Rather, they own a piece of the LLC that, along with other investors, owns the property. This allows for distributions, returns, depreciation, etc.

However, in order for a 1031 exchange to work the investor must be moving their capital gains into a property and not an LLC. For example, if you sell a rental property and gain $100k, you cannot 1031 exchange that $100k into shares in an LLC. The 1031 rules require the investor to exchange those funds into ownership of property. That’s where the TIC comes into play.

The investor doing a 1031 exchange into an apartment syndication will be set up in the form of a TIC and not as common equity shareholder (like other investors). Without getting too complicated, the TIC will sit alongside the syndication LLC in the ownership of the property. That gives the TIC direct ownership in the property and satisfies the requirements of the 1031 exchange. This is also legally structured in a way that still gives the TIC investor the same rights and protections as investors who hold common equity in the syndication LLC.

Execution of a TIC is also one of the reasons it’s important to engage the apartment syndication early in the process. The structure of a TIC will often mean the syndicator, the lender for the syndicator, the qualified intermediary, and the investor will all need to be on the same page. Being prepared helps this be a more efficient process.

In conclusion, individuals who own investment properties have options if they are looking to sell, reap profits, and defer capital gains taxes. Apartment syndications offer such an opportunity and also come with the benefits of being completely passive investments in strong, stable assets. But, the investor must be prepared. At New Sight Capital, we are here to help. Feel free to reach out to us and we can help answer questions and get you started on using a 1031 exchange to invest in this great asset class.

If you’re thinking about investing in an apartment syndication, one question you may have is whether or not you can withdraw all or a portion of your money after you’ve invested. 

At New Sight Capital, we’ve made it our mission to educate prospective investors about all the mechanics of syndications before those investors join syndications.  And this is a really important question. Redemption is the term given to the process of an investor giving their shares back to the syndicator in return for their investment funds.   The investor is “redeeming” their shares for the cash they used to purchase those shares.

Most apartment syndications do not allow for redemptions.  

Apartment syndications, by their nature, are illiquid investments.  Investors put their capital into the deal in exchange for shares in the asset ownership and those shares cannot be liquidated by the investors prior to the syndicator selling the property.   

Is redemption spelled out to investors ahead of time? 

Yes!  Whether or not an investment offering allows for redemption of shares must legally be presented to investors prior to investing funds.  In apartment syndications, the disclosure of the redemption policy is detailed in the PPM (Personal Placement Memorandum) and SA (Subscription Agreement) documents.   Investors must review and sign these documents in order to invest in apartment syndications, and we encourage every investor to fully read and understand these important documents.

Why don’t apartment syndications allow for redemption?  

There’s really two answers for this question. First, syndications are long-term investments.  Often, it takes the syndication anywhere from 3-6 years to achieve its business model and return objectives.  As such, investor funds are needed for that duration.  The second reason has to do with liquidity and dilution of investor returns.   Apartments are businesses that have liquidity demands.  They need capital to remain in business and execute their objectives.  If the syndications allowed for investors to redeem their shares it would require the syndications to keep considerable amounts of capital in reserves to compensate investors’ redemptions.   And, those reserves would have to be raised ahead of time from investors.   Basically, it would almost double the amount of investor capital needed to be raised which would dilute shareholder equity which would greatly reduce or eliminate investor returns.

Are there exceptions? 

Yes.   Although PPM and SA documents do not allow for share redemptions they may allow for transfer of shares to another entity.  In essence, this could allow an investor to sell their shares to another investor.  In our experience, we have found this to be a difficult undertaking but it may be possible.   The degree of permissibility would depend on the exact rules and restrictions outlined in the syndication documents.

All of this is why we only allow investors to invest in our apartment syndications if they know and realize these are long-term, illiquid investments.   We believe in the returns, value of the asset class, tax advantages, and capital growth of these investments, but investors should understand ahead of time they are in it for the long haul.

As always, we are here to answer questions around this and other apartment investing topics.  Feel free to reach out to russ@newsightcapital.com. And if you’ve not already registered with us, please do so by clicking here and we’ll send you our “Apartment Syndications for Doctors” investment guide and video.

While most people aren’t experts on the JOBS Act of 2012, it can help explain a little about the historical path of apartment syndications. Many new potential investors ask: “why haven’t I really heard about apartment syndications before?” While the collective pooling of capital from investors is not a new concept, there’s 3 major reasons why they may be “new” to you:

#1: Jobs Act of 2012

Up until 2012, operators could only raise capital from very traditional sources or highly wealthy individuals.  However, the JOBS Act of 2012 drastically changed how these investments could obtain capital.  In essence, it intentionally created more flexibility in capital markets and it also sought to “democratize” these investments by opening them up to more individuals by creating two classes of investors:   accredited and “sophisticated” (non-accredited). And even though this was in 2012, widespread use of syndications as a way to democratize investor access to these investments has taken time—partly because of the other two reasons I’ll touch on next.

#2:  Advertising Restrictions

While the JOBS Act of 2012 may have democratized these investments, there are still considerable regulations that dictate how these investments can be advertised.  Apartment syndications are not treated like IPOs for companies getting newly listed on the stock market.  There’s a lot of rules that prevent operators from filling the airwaves and online advertising world with invitations to invest in these offerings.   The result is that awareness will always be more limited than other traditional investment classes.  This becomes more apparent when you consider that most syndications operate under 506b and 506c exemptions.   506b offerings can accept nonaccredited and accredited investors.  However, 506b offerings cannot be advertised to the general public.   Operators must first establish a relationship with the investor before presenting them with any offerings.   Conversely, 506c offerings can be advertised to the general public.  However, 506c offerings only accept accredited investors.

#3:  Stigma associated with real estate

The housing crash of 2008  gave most of us a very sour taste when it came to real estate.  While the ride up was great, the crash that came afterwards saw many of our homes decrease in value by 50% or more.   And, for years afterwards, the average investor would cringe when they heard about any investment in the real estate space.  However, there was (and still is) the incorrect assumption that all real estate is created equal.  In fact, the way that a single family home is valued is much different than how an apartment complex is valued.   The single family home is really valued in relation to the sale of nearby comparable properties.   If Susie’s house sells for X amount and my house is similar then my house is probably worth about the same.  However, large multifamily properties are valued like a business.   Specifically, these properties are valued based on their profit.   Historically, when home prices have crashed, large multifamily properties have held their value or even increased in value because renters still need housing and that drives profit which drives valuations.  The challenge for many operators of apartment syndications is fully educating potential investors on how this difference makes apartment syndications a much better alternative to traditional real estate investments.

Want to speak with us about apartment syndications? CLICK HERE to schedule a 30 minute time with Caleb Bryan, Director of Investor Relations

Are you and your spouse considering investing in apartment syndications together? One question you may be wondering is whether you should invest as joint tenants with rights of survivorship. In this article, we will discuss what joint tenancy is, how it works, and the pros and cons of investing as joint tenants in apartment syndications. A quick disclaimer: New Sight Capital are not attorneys nor tax advisors and the following information is simply introductory and should not supersede the advice of your advisors.

What is Joint Tenancy?

Joint tenancy is a form of property ownership in which two or more individuals own the same asset, such as real estate (or equity in a syndication), with equal shares and rights to the asset. Joint tenants have an undivided interest in the property, meaning that they have an equal right to the asset, and the asset cannot be divided into separate ownership interests. Each owner is entitled to an equal share of the asset’s income, expenses, and tax obligations.

One of the defining features of joint tenancy is the right of survivorship. This means that if one owner passes away, their share of the property automatically transfers to the surviving owner(s). This transfer occurs without the need for probate or additional legal documentation, as the deceased owner’s share passes to the surviving owner(s) by operation of law. The surviving owner(s) then own the entire asset, and the ownership structure remains as joint tenants.

Pros of Joint Tenancy in Apartment Syndications

One advantage of investing in apartment syndications as joint tenants is the simplicity of the ownership structure. All owners have an equal share of the investment and equal rights to the income generated by the investment. If one owner passes away, their share of the investment automatically transfers to the surviving owner(s) without the need for probate or additional legal documentation. For some married couples, avoiding probate is important. For others, probate may not be a concern.

Another advantage is that joint tenancy can provide tax benefits. When one owner passes away, their share of the investment receives a step-up in basis to its current fair market value. This can reduce the capital gains tax liability for the surviving owner(s) if they decide to sell the property in the future.

Cons of Joint Tenancy in Apartment Syndications

One of the drawbacks of investing in apartment syndications as joint tenants is the lack of flexibility in the ownership structure. Investing as joint tenants does not allow for separate ownership of the investment, meaning that the equity cannot be sold or transferred without the agreement of all owners. This can be problematic if one owner wants to sell their share of the investment but the other owner(s) do not agree.

Another drawback of investing as joint tenants is it can lead to disputes between co-owners. If one owner wants to use the investment differently than the others or contribute more or less to the investment, conflicts can arise.

Conclusion

Investing in apartment syndications as joint tenants with rights of survivorship can provide simplicity and tax benefits, but it also has limitations in terms of flexibility and potential for conflicts. Before making any investment decisions, it’s important to seek the advice of a qualified investment professional or attorney to determine if joint tenancy is the right choice for your particular situation. They can help you understand the legal and financial implications of the investment ownership structure and assist you in making an informed decision that aligns with your investment goals and risk tolerance.

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If you’re a doctor looking at apartment syndications, you may have heard the term “accredited investor.” What does that term mean? And, most importantly, do I need to be an accredited investor to realize the many benefits of apartment syndications?

Accredited investors are defined as individuals who meet certain income or net worth criteria, as defined by the Securities and Exchange Commission (SEC), which allows them to invest in private securities offerings, such as apartment syndications. However, not all apartment syndication offerings require investors to be accredited, and the regulations that govern these offerings can be complex. This article aims to provide you with a comprehensive understanding of 506(c) and 506(b) regulations and how they impact your ability to invest in apartment syndications.

What Are 506(c) and 506(b) Offerings?

In the United States, private securities offerings, such as apartment syndications, are regulated by the SEC under Regulation D. Regulation D contains several rules that issuers (the company or individual offering the securities) must follow when they want to raise capital by selling securities to investors. Two common types of Regulation D offerings are Rule 506(c) and Rule 506(b) offerings.

Rule 506(c) Offerings

Rule 506(c) is a type of private placement offering that allows issuers to publicly advertise their securities offering to potential investors, but only to accredited investors. The issuer must verify that each investor is accredited before accepting their investment. Accreditation can be established through a third-party verification service, or the investor can self-certify their accredited status by providing the issuer with certain financial documentation.

Under SEC rules, an accredited investor is an individual who has an annual income of at least $200,000 (or $300,000 for joint income with a spouse), or has a net worth of at least $1 million, excluding the value of their primary residence. Investors who meet these criteria are presumed to have the financial sophistication to understand the risks associated with private securities offerings and can afford to lose their investment.

Investing in apartment syndications through a Rule 506(c) offering is limited to accredited investors. However, the benefit of investing in a Rule 506(c) offering is that the issuer can publicly advertise the offering to a wider audience, making it easier for investors to find opportunities.

Rule 506(b) Offerings

Rule 506(b) is another type of private placement offering, but it has some differences from Rule 506(c). Unlike Rule 506(c), issuers are not allowed to advertise the securities offering to the general public. Instead, they may offer the securities to up to 35 non-accredited investors who have a pre-existing relationship with the issuer. The issuer must also disclose information about the offering to potential investors. These disclosures are presented in the offering, personal placement memorandum (PPM), and subscription agreements.

The pre-existing relationship requirement means that the issuer must have a prior business or informed relationship with the non-accredited investor that is sufficient to enable the issuer to evaluate the investor’s financial sophistication, net worth, and ability to understand the risks of the investment. This requirement makes it more difficult for non-accredited investors to participate in Rule 506(b) offerings, but it does allow them to invest in private securities offerings if they have a relationship with the issuer.

Investing in apartment syndications through a Rule 506(b) offering is limited to accredited investors and up to 35 non-accredited investors who meet the pre-existing relationship requirement. Issuers may also use the services of a registered broker-dealer to sell securities, as long as they follow the requirements of the broker-dealer exemption.

In summary, while being an accredited investor can make it easier to invest in apartment syndications through a Rule 506(c) offering, it is not always a requirement. Non-accredited investors may also be able to participate in Rule 506(b) offerings if they have a pre-existing relationship with the issuer. A general rule of thumb: if an offering is being advertised publicly it is a 506(c) offering. If the offering is presented only to individuals that have a prior relationship with the one presenting the offering, it is a 506(b) offering and open to non-accredited investors.

Property and liability insurance is a necessary expense.  Recently, the costs of coverage premiums has become a topic of conversation among asset managers within the world of apartment investing.   The question begs to be asked:  are insurance premiums a real threat to NOI or just a terrifying figment of the imagination?

Before we dive in, let’s clarify that there are many reasons to have property and liability coverage on large multifamily investments.   Apartment complexes are large, valuable assets that are funded by both a lender and investors.   There’s a lot to lose for all parties involved.   Having protection against loss of property and income in case of natural or other disasters is a key component of risk protection.  In addition to risk protection, lenders will require there be a certain amount of property and liability protection to ensure full coverage of replacement value, as well as loss of income that could occur from damage to the property.  Usually, the lender has the final say in what minimum coverage looks like.

Insurance premiums are a line item in every pro forma modeling of an apartment syndication.  We often obtain several quotes based on the desired or required levels of coverage and that cost is incorporated into our underwriting model before we even make an offer on a property.  Historically, those cost projections for premiums have been fairly reliable and stable.   That is, until recently.

In the last 6 months or so, there has been unexpected, dramatic shifts in the cost of required insurance coverage.   The cost increases are much more dramatic in select markets, but costs are rising essentially throughout all multifamily markets in a way that is affecting apartment syndications.   This is occurring to the extent that these costs are now a new, unpredicted headwind for many apartment investment operators.

Background on Increasing Insurance Costs

Insurance carriers underwrite their coverage based on their risk exposure while also ensuring profit margins for themselves.   And the cost associated with covering both of these aspects has risen due to several compounding factors.

First, the position of the insurance carriers is that there has been an increase in the frequency and severity of natural disasters.  Some markets obviously are experiencing the higher end of the disaster cycles than other markets.   We can look at the contrasts in severity of disasters on the Florida west coast vs the lack of severity in an inland market, like Atlanta.    But, the fact that even Atlanta is seeing significant increases in coverage costs is a clear indication this argument doesn’t tell all of the story.

Another factor in the rising costs of coverage could also be attributed to the volume of litigations associated with those involved in the claims process.  Whether it be the costs associated with litigating these cases or the payout of damages associated with the litigations, there’s no doubt that insurance carriers carry more cost risks on their end.  To what degree these claims are genuine vs fraudulent may not matter,  as the costs always get passed along to the customer (apartment syndicator operators).

A third factor in rising insurance coverage costs is inflation.  There’s no doubt the cost of most items related to replacement and repairs is higher than it was 1-2 years ago.  Even when inflation starts to cool, there are continued risks of price increases on items that insurances would need to cover in the event of losses.  Again, these are passed along to the customer in the end.

Finally, some insurance carriers are leaving certain markets altogether.   In their mind, the risk exposure to their profit margins are too great to continue to operate in certain areas of the country.   Carriers may also feel uncomfortable with certain state or local regulations pertaining to their operation of coverage.  Either way, this means there is less competition among carriers in the select markets.   With less competition, we have seen prices increase because the carriers understand operators have very few choices for carriers. 

Public Policy vs Insurance Industry

The impact of costly premium increases is not confined to just large multifamily assets.  In fact, these increases are being felt by many business and property owners–especially in select markets.  If there is an upside to that it is that politicians and local and state government officials are aware of this impact.   There are proposals and legislative agendas in key markets, such as Florida, that could help alleviate the cost burden.  This would be through clarifying regulations, increasing competition, and making it more favorable for carriers to operate in those markets.  However, the implementation and impact of such agendas could still be at least a year away.

Real-world Impact for Apartment Investors

While this is not a fatal threat to most apartment syndication investors, it is absolutely a significant headwind.   In less affected markets, these insurance premium increases can be 10 to 30%.  However, in more exposed coastal markets, the increases can be multifactorial  (2-3x).   That is a very significant line item impact.

There is opportunity to pass along some of these costs to renters.  However, most apartment syndications have already built into their underwriting a pro forma model of rent increases.  These increases are the foundation for NOI growth and returning value to investors.   Is there room for even more growth to absorb the increased costs of insurance premiums?   Perhaps, in some assets in key markets that were bought with ample enough room for rent growth.   However, many markets will simply not be able to absorb these costs into rents—especially the markets that are seeing more dramatic increases in premium costs.

What then?  The simplest answer is that NOI will take a hit.  It would be disingenuous for any apartment syndication operator to say there is no risk for decreased NOI from these shifts in costs.   The question of how much impact is felt on investor value will vary from asset to asset.

Efforts to Mitigate Impact Insurance Costs

While this is a significant headwind, operators are already engaging every option they can to mitigate the impact of coverage increases on investors in these assets.

In some assets in select markets, again, passing along some of these insurance costs to renters may provide partial relief.  However, this alone will not mitigate all the exposure—and certainly less so in the more affected parts of the country.

The second mitigation avenue is cost containment or reduction elsewhere on the P&L.  Operators will need to get more creative about where they can conserve costs elsewhere.  This could mean bringing certain tasks in-house or outsourcing depending on the benefits of each.  Many costs are fixed, so the relief will be limited and dependent on each situation.

Lastly, there has already been a movement to property managers that offer a master coverage policy.   Some property managers are large enough to leverage their scale to obtain a master policy.   Operators can migrate a property to one of these property managers and be covered under their master policy.   Significant savings could then be realized compared to the cost of coverage outside of these arrangements.  However, even then, year over year premium increases can still be in excess of 20-30%.

One final word for investors in apartment syndications. 

Yes, this is an unexpected headwind that has not been previously experienced to this degree in this asset class.   Yes, it is a head wind for NOI growth.  Could this affect an operator’s ability to deliver distributions to investors?  Yes—especially if the operator is prudent enough to enter into cash preservation mode to protect against future risk.   However, we would encourage investors to appreciate the long term nature of these investments.

Most investors understand apartment syndications are 5 to 6 year investments.   These are not short term opportunities.  This allows these investments to weather short term headwinds and still deliver returns for investors on the other side.  I also think it’s important for investors to invest in opportunities that have preferred returns that accrue for investors.   This ensures that, if your operator does not pay you to the annual preferred return, any shortfall is accrued and must be paid to you before the operator can share in free cash flow.   This puts investors interests first and provides additional protection among the current headwinds.

An inflation-resistant investment will maintain its value in the face of rising prices. This is an important consideration for investors, as inflation can erode the value of your money over time. Many investments – particularly stocks and bonds – are subject to the effects of inflation, which can decrease purchasing power and lower the market value of your investments. As an investor, you want to minimize your exposure to the effects of inflation. 

Investing in apartments that are not subject to inflation can be a smart strategy to protect your investment. The biggest reason apartment investments are resistant to inflation is that rents tend to increase when the cost of everything else goes up. In other words, rents are protected against inflation. And, historically, rent is one of the most accepted costs of living that are absorbed in every economic cycle. Yet, investors in apartments must still be very strategic in selecting the properties in which to invest. 

Here are 4 strategies for selecting apartment investments to help you avoid inflation while maximizing your returns.

First, investing in a stable neighborhood is important.

The location you choose for your investment will have a significant impact on its long-term value. Investing in an area that is considered stable and safe is a good place to start when looking for investments that are both resistant to inflation and in high demand by renters.

Choose an active market – Cities with high rates of population growth will have a high demand for rental units, which means higher rental rates for you and more potential returns on your investments. When searching for a market for your apartment investments, look for a city or region that has high job growth and low unemployment. This will ensure a strong demand for rental properties in the area.

Second, look for properties that do not require a higher amount of capital improvements for structural or deferred maintenance issues.

While some amount of structural capex is to be expected, those offerings that allocate 30% or more (of raised funds) to deferred maintenance or other structural issues tend not to fare as well in higher inflationary environments. This is because of two very important aspects. First, the reliability of expense projections for larger capex projects (complete roof replacement, large-scale plumbing or electrical projects, or building rebuilds) can be a challenge when all costs are increasing due to inflation. Secondly, structural capex investments do not practically increase the NOI of the property—and improving the NOI is one of the main drivers of valuation growth in apartment properties. Instead, offerings that are allocating more money to the improvement of interiors and amenities will be better able to increase NOI through increases in rents and, hence, increase their value even in times of high inflation.

Third, look for investments that offer good opportunities for occupancy growth and cash flow enhancement over time.

While investing in a property that has 97% occupancy may offer stability, it may not have the value growth needed for investors to thrive in times of high inflation. Instead, look for properties that offer opportunities for occupancy growth and/or ongoing operational enhancements that could improve the NOI of the property over time. While this does not mean investing in distressed properties with 70% occupancy, investors should look to properties with submarket occupancy, but that are well-positioned for growth in terms of demand and pricing. The key is to ensure the operators have a precise, experience-based business plan to improve occupancy in the first 12 months and the potential for meaningful NOI improvements as a result of their strategy. Investors who can deliver on this front will be well-positioned for future value creation regardless of the market environment.

Fourth, look for investments that offer an attractive risk-return profile, as well as the potential for long-term capital appreciation.

While investments in stabilized properties with lower cap rates offer lower volatility and lower overall returns, they may not have the growth potential needed for long-term investors to thrive in times of high inflation. Investors will want to consider opportunities that have more attractive Annual Rates of Returns and Total Returns. That may mean investors need to look away from the “shiny object” of a class-A, brand-new property in a ritzy suburb of Atlanta and instead focus on more working-class properties in secondary suburbs that have the potential to produce higher returns over the longer term.

In conclusion, we believe that the combination of these four factors will help investors achieve better returns in uncertain economic times. By evaluating each investment individually based on the four factors above, investors can best position themselves to deliver returns even when inflation erodes wealth placed in other asset classes.

If you found this information helpful, please share it with friends and family who may be interested in the inflation hedges offered by apartment investing. And, if you’ve not already registered with us at New Sight Capital, please take a few minutes to do so by clicking here and we’ll send you our “Doctors’ Guide to Apartment Investing” booklet and 20 minute webinar.

If you are investing in apartment syndications, it’s critical that you fully understand the term preferred return.  In this article, we’ll be defining this term and giving you 7 things to know about this very important structural preference for investors in apartment syndications.

First, let’s define an apartment syndication as the collective pooling of capital from “smaller” investors to acquire and operate a large multifamily property for the purpose of paying returns to general and limited partners.   Investors are referred to as limited partners, which are passive, liability-shielded participants.  General partners are the individuals with the active role in the syndication.

The preferred return is the annual payout target to each investor, expressed as a percentage of the investment.   For example, if an offering is structured with a 6% preferred return, then the target yearly cash distribution would be 6% of the amount the investor originally invested in the offering.   For a $100k investment, this would target a $6k cash distribution to that investor.

Here’s 7 things investors should know about preferred returns:

1. Prioritizes the investor ahead of the general partners

This is the most crucial thing to know, and it’s why we advise investors to only invest in deals that have a preferred return.  That’s because it gives “preference” to the investor (limited partner) over the individual(s) operating the offering (general partners).  In essence, it creates a waterfall on how operational cash flow is treated.   When there is ample, positive cash flow from the property, the syndication must pay investors the preferred return first.  Only once the syndication pays to this target can it then start to split operational profit to the general partners along the equity split.

For example, let’s take a syndication that has a 6% preferred return and a 70/30 equity split.   The general partners cannot be paid from operational cash flow until the first pay investors to the 6% annual threshold.  Then, if there is remaining cash flow it follows the waterfall and is split 70% to investors and 30% to the general partners.  This truly ensures investors are put first, but it also incentivizes the general partners to perform well for their investors in order for them to be compensated.

2. Not a guaranteed annual yield

Notice how our definition is with respect to coming from “ample” cash flow?  A preferred return is not part of operational expenses.  Rather it is paid when there is significant enough cash flow after all expenses.   That’s important because investors can get confused and think preferred returns are the same as the annual yield on a CD or government bonds.  Those fixed return investments must pay their annual yields—no questions asked.  

But, that’s not the same as a preferred return in apartment syndications.  It’s best to think of it as a contractually-obligated “we owe you X before we pay ourselves.”   When the cash flow is ample enough, the preferred return is paid.  But, in the event cash flow is not adequate (or some other hurdles exist), the preferred is not paid in full.

A side note to this conversation is that while bonds and CDs provide guaranteed, fixed income, they do not have the tax benefits associated with distributions from apartment syndications.

3. Accrues when not paid in full

Having worked with hundreds of investors, we have seen this aspect overlooked by more than a few investors.  Considering we often are personally invested alongside our investors, we can understand the frustration when a syndication does not pay its full preferred return.  Yet, the key thing is that any shortfall on a yearly basis is accrued and added to the subsequent year’s preferred return.

For example, let’s say a syndication paid a 5% return but had a 7% preferred return.  That syndication still owes the investor 2% and its accrued.  The following year, the accrued preferred return is now 9%.   And so on and so forth.

This continues to put the investors first because the general partners are still not being paid from profits until the preferred return is met—that includes any accrued return.  

4. There can be hurdles beyond cash flow 

We defined the preferred return above with respect to payouts from ample operational cash flow.  There’s some added nuance to this definition that we have encountered and believe investors should know.  And, it has to do with the largest investor in every property:  the lender.

The reality is the largest and most-prioritized investor in any property is the lender.  They won’t contribute acquisition funds (debt) unless they are guaranteed a certain % return (interest) and given first preference in payout (mortgage payment).   In order for lenders to be successful in not losing money, they can make rules the borrower must follow that further stabilize their ability to get paid.

Translation:  the lender can contractually prevent investor distributions in some situations even if there is positive cash flow from the property.   For example, the lender may require a threshold of positive cash flow be met before paying distributions.  Or, they may require a certain debt-service-coverage-ratio.  Lenders can also require a certain amount of the capital expenditure budget be executed for property improvements before distributions can be paid.  Or, they can require certain interest or operational cash reserves be funded before distributions.

Some lenders are less restrictive than others.  In reality, each situation is unique but the point is sometimes the payout of a preferred return is affected by more than just having ample cash flow.  Yet, the protection for investors, again, is that the preferred return accrues if one of these hurdles affect payout of distributions.

5. Not the same as “Cash-on-Cash Return”

As with most things, terms that are meant to clarify can often lead to more confusion.  One of the biggest confusions is equating a preferred return with cash-on-cash return.   The preferred return is the contractual obligation to pay investors before general partners are paid.  Whereas the cash-on-cash return is the actual payout of distributions.   The cash-on-cash return can be lower or higher than the preferred return.

Most investors first encounter cash-on-cash return as a projection within an investment offering.  When general partners create an offering to investors, they will present projected returns such as total return, IRR, average annual return, and cash-on-cash return.   Really, what the term is referring to is what the general partners are projecting to be the actual distributions paid to investors as a percentage of their initial investment.  Often, the cash-on-cash is projected on a year-by-year basis in the investment offering’s pro forma return model.

It’s not uncommon for the cash-on-cash return to be lower than the preferred return during the initial years of a syndication.  For example, a syndication may have a 7% preferred return but its pro forma return model may project a 4% cash-on-cash (actual distributions) in year 1 and a 10% cash-on-cash in year 2.  If that came to fruition in year 1, it would mean that 3% of the preferred return carried over into year 2 but that the syndication was able to meet and exceed the accrued preferred return.

That can sound a little confusing but think of cash-on-cash as actual distributions—and if cash-on-cash is lower than the preferred return in any one year, the deficit is accrued onto the following year’s preferred return target for investors.

6. Will vary from deal to deal

There is a range of preferred return percentages that investors will encounter as they review apartment syndication offerings.  A very common range is 5 to 8%, but it will vary.   7% and 8% were very common preferred returns in recent years.  However, as rising interest rates and reduced leverage from lenders impacts underwriting of cash flow, it will be increasingly common for investors to see preferred returns in the 5 – 6% range.

7. Doesn’t Reflect Total Return

While we think investors should only invest in apartment syndications that have a preferred return, it’s not reflective of total return for investors.  Yes, the preferred return is focussed around prioritizing the passive income aspects of these investments.  However, apartment syndications’ greater return is truly found in equity growth.  

When we look at the life-cycle of most apartment syndications we find 3 stages:  asset improvement (physical/operational), growth on NOI, and sale of the asset at higher value due to the NOI growth.   Apartment properties are essentially valued like businesses.   Valuations go higher as profit goes higher.   As the general partners work to increase NOI, the investors will experience equity growth which will be realized as profit from the eventual sale of the asset.   It’s this total return over the lifecycle of a syndication that we believe investors should consider—in addition to the very important aspects of a preferred return.

In closing, we highly encourage you to consider apartment syndication offerings that clearly put investors first by way of the preferred return structure.  There’s many aspects of this structure to consider when investing but we also encourage investors to consider them among the greater context of these offerings.

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We are not a nonprofit organization.   I have a 501c3 nonprofit that provides free eye care and glasses to the homeless.  And, as a company, New Sight Capital, has given over $25k to charity in 2022 so far.   But, we are a company with the objective of helping optometrists generate wealth growth that does not depend on patients and insurances.  However, deeply embedded in that objective is the purposeful intent to improve the quality of living at every property we engage.

That’s because most of our properties fall under the value-add business model.   The premise with value-add is to acquire a property that has some opportunities for improvement, raise money to physically improve the asset, elevate income from the property, and sell the asset in much better shape than we acquired it.

So, yes, on the surface the financial goal is to improve the income of the property.  However, functionally, it’s the property itself that is meaningfully improved in order to justify the higher rents.  We cannot increase rents without improving the property.  While it’s certainly possible, it’s morally imperative that we specifically address deficiencies at the property to give tenants a better standard of living than the previous owner.

What does that value-add model like?  Over our last 8 value-add assets, we have assigned $15.2 million for physical improvements of the properties.  Those 8 properties account for 1900 units.  This means our budget property improvements amount to over $8,000 per unit! 

This includes improvement to the exteriors of the buildings and remodeling of 70-80% of the unit interiors.   But, with our improvement budgets, we also address deferred maintenance left by previous owners.  This may include infrastructure, roofing, plumbing, parking lots, or electric work.   And, not only is this an improvement cosmetically, but there are safety improvements as well.  In older properties, aluminum wiring is replaced with safer copper wiring.  Plumbing that could cause health hazards is replaced and repaired to higher standards.   Likewise, appliances are often replaced as part of the value-add business model, which improves reliability and functionality for tenants.

All of these repairs and improvements are identified by expert inspectors and contractors as part of our due diligence and comprehensive inspections.  Costs and timeliness for improvements are built into our underwriting.  As a result, we are very intentional in incorporating these costs into our investor returns.  In other words, our value-add model is very purposeful in benefiting both tenants and investors.

Russ Beach, O.D.

Managing Partner