Legal and financial models for accessible participation
At Laggardio we have developed innovative structures that allow participation in modular construction projects without the need for large initial capital, democratizing access to real estate investment opportunities.
Our models are designed to equitably distribute risks and benefits, creating transparent schemes that protect all participants while optimizing the overall performance of the project. Below, we present in detail our main participation structures.
Phase-based Co-investment: Structure and Benefits
How does it work?
This model divides the project into independent but interconnected stages, each with its own investment, execution, and return cycle. Participants can invest in one or more phases according to their financial capacity, without the need to commit to the entire project.
Each phase generates its own returns, which can be reinvested in subsequent phases, creating a multiplier effect for early participants.
Financial structure
The typical phase-based co-investment structure includes:
- Independent legal vehicle for each phase: Usually a special purpose entity (SPE) with its own balance sheet and capital structure.
- Preemption rights for existing co-investors: Participants from previous phases have priority to invest in subsequent phases.
- Tiered distribution mechanisms: Returns are distributed in cascade, prioritizing capital recovery and then sharing benefits according to participation.
- Shared governance structure: Decision-making proportional to participation but with protections for minority investors.
Key advantages
- Significantly reduces the financial barrier to entry
- Allows progressive evaluation of results before committing more capital
- Diversifies risk across multiple phases
- Facilitates flexible entry and exit for investors
- Generates incremental value in each phase, benefiting all participants
Important considerations
- Requires detailed planning of construction phasing
- Needs clear contractual structures defining rights and obligations
- Implies higher administrative and legal costs than unitary projects
- Demands precise technical coordination between phases
Illustrative example
Consider a modular commercial development with three phases:
| Phase | Required investment | Estimated term | Projected return |
|---|---|---|---|
| Phase 1: Basic commercial modules | $400,000 (minimum participation: $40,000) | 12 months | 18% annual |
| Phase 2: Complementary services expansion | $300,000 (minimum participation: $30,000) | 8 months | 22% annual |
| Phase 3: Premium areas and parking | $500,000 (minimum participation: $50,000) | 10 months | 25% annual |
An investor could participate initially with $40,000 in Phase 1, reinvest their returns in Phase 2, and finally participate in Phase 3, maximizing their exposure to the project progressively and in a controlled manner.
Requirements to participate
- Minimum investment capacity according to the phase (typically between $15,000 and $50,000)
- Commitment to the schedule established for each phase
- Availability to participate in key decisions according to governance structure
- Compliance with legal requirements for participation in investment vehicles
Investment by Modules: Distribution of Returns and Risks
How does it work?
This model fragments the project into independent modular units, allowing each investor to acquire rights over specific modules. Each module constitutes an investment unit with its own flow of income, expenses, and returns.
The modular approach allows participations from a single module, drastically reducing the barrier to entry while maintaining the coherence of the general project through an integrating master plan.
Financial structure
Investment by modules is typically structured through:
- Direct or indirect ownership over specific modules: Through ownership, usufruct rights, or participation in dedicated investment vehicles.
- Coordination framework contract: Establishes common obligations, technical standards, and mechanisms for conflict resolution.
- Common reserve fund: For maintenance of shared areas and contingencies.
- Cross-compensation system: Balances positional advantages between different modules.
Key advantages
- Direct control over specific modules
- Relative independence from other investors
- Flexibility in operation and exit strategies
- Possibility of specialization by module type
- Clarity in the attribution of results
Important considerations
- Requires optimized modular design from the start
- Needs robust coordination mechanisms between modules
- Demands technical and aesthetic standardization
- Implies management of functional interdependencies
Illustrative example
Consider a modular residential development with different typologies:
| Module type | Required investment | Approximate area | Projected profitability |
|---|---|---|---|
| Studio module | $35,000 | 32 m² | 8% annual (rent) |
| Commercial module | $45,000 | 25 m² | 10% annual (rent) |
| 1-bedroom apartment module | $60,000 | 48 m² | 7.5% annual (rent) |
| Common services module | $25,000 (shared participation) | Proportional to investment | 6% annual (services) |
An investor could acquire a single studio module for $35,000 and obtain rental income, or combine different typologies to create a diversified portfolio within the same development.
Requirements to participate
- Capacity to acquire at least one complete module (cost varies by typology)
- Acceptance of the coordination framework contract
- Commitment to common technical and aesthetic standards
- Proportional participation in costs of shared areas and services
Recommended Contractual Instruments
To effectively implement the participation models described, we have developed a set of contractual instruments specifically adapted to the Bolivian context. These documents establish a solid legal framework that protects the interests of all participants while facilitating the efficient operation of the project.
This fundamental document establishes the general rules for participation in the project, including:
- Clear definition of roles, rights, and responsibilities
- Governance and decision-making structure
- Project entry and exit mechanisms
- Result distribution policy
- Conflict resolution procedures
The contract incorporates specific clauses to protect minority investors, including veto rights on fundamental decisions and guaranteed exit mechanisms under certain conditions.
Specifically designed for the phase-based co-investment model, this agreement details:
- Technical and financial definition of each phase
- Activation conditions for subsequent phases
- Preemption rights for existing investors
- Adjustment mechanisms in case of variations in costs or terms
- Technical and functional integration between phases
Includes technical annexes with detailed specifications for each phase, ensuring the coherence of the entire project while allowing its phased implementation.
This instrument is key to the investment by modules model, and establishes:
- Precise delimitation of each module and its components
- Ownership and use regime for common areas
- Maintenance obligations and contribution to shared expenses
- Restrictions and conditions for modifications
- Procedures for title transfer
The covenant is designed to function in parallel with existing horizontal property regimes in Bolivia, adapting its principles to the particularities of modular construction.
Regulates the daily operation of the project, specifying:
- Designation and functions of the administrator or managing entity
- Standard operating procedures
- Financial management and reporting
- Supervision and control mechanisms
- Service contracting policy
Includes clear and measurable performance indicators (KPIs), as well as mechanisms for replacing the manager in case of non-compliance.
Important note
The contractual instruments described are standard models that must be adapted to the specific circumstances of each project and reviewed by legal advisors. They do not constitute binding legal advice.
Laggardio works with specialized legal firms to ensure that all agreements comply with current Bolivian legislation and provide maximum legal security to all participants.
Interested in participating in a modular project?
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