The real estate development attorneys at KJK provide solutions to complex development problems. Developers work in partnership with our attorneys to develop legal strategies and contracts to mitigate risk by limiting exposure and minimizing potential liability. We understand the real estate market in Ohio and across the country. Our team works with clients on residential, office, shopping center and all types of commercial development.
In commercial real estate development, you want a skilled legal team to work with you through every step of the development process, including zoning, taxes, environmental issues, financing and other legalities involving land use and development.
Construction & Architecture Agreements
Construction and architecture agreements are the framework for each real estate development project. There are key clauses that should be used in each type of agreement to ensure that the project runs smoothly and mitigates the risk of litigation during or after construction.
KJK’s team of real estate development attorneys has a wealth of experience preparing agreements that protect all parties involved in the construction process. The AIA agreements prepared or reviewed by our team will exceed industry standards. We also provide arbitration and mediation solutions to resolve issues before litigation becomes necessary. Our knowledge and experience ensure that each agreement is in full compliance with statutes and administrative rules.
Residential Real Estate & Development
The attorneys for real estate developers at KJK take pride in offering skilled representation for a wide array of commercial and residential real estate issues. Our attorneys have done hundreds of residential developments in Ohio and represent some of the biggest residential developers in the United States.
We work with numerous commercial developers in established long-term relationships providing guidance and representation throughout the development process. Additionally, our attorneys handle getting residential developments approved with the municipality.
Homeowners & Condominium Associations
Numerous developers rely on us to form Homeowners and Condominium Associations. The “turnover” process, when the control of an Association transfers from a developer to the owners, can be fraught with challenges. Our team of attorneys has handled many of these transitions and understands the steps needed to ensure a smooth transition.
It is crucial that the transition take place as soon as possible. The board should be focused on the owners’ concerns instead of the developers’ interests, and Ohio law has put statutory regulations in place to ensure that Condominium associations act in a timely manner. The same protections do not hold true for non-condominium HOAs. The governing documents determine the timeline for the transition of an HOA, and the transition is often not triggered until the last home in the development is sold.
As attorneys for real estate developers, KJK’s team have a mastery of the laws governing condominium development and homeowners’ associations (HOA). The projects with which we have worked closely with developers include:
- The creation of condominiums and other planned unit developments
- Providing reciprocal easement agreements
- Ensuring compliance with local, federal and state consumer protection statutes
- Representation and management of Associations
- The qualification of projects, including any secondary market requirements
The statutory authorization for condominiums exists in The Condominium Act, O.R.C. §5311. Creating a condominium in Ohio includes separating real property into parcels, then creating an association of the owners of said parcels. The Condominium Act sets forth the information that must be included in a Declaration of Condominium. The real estate development attorneys at KJK will ensure the documents and drawings required by statute are completed and filed with the appropriate agencies.
There are three types of condominium units defined in full in O.R.C. §5311:
- Water slips
Contact the Real Estate development attorneys at KJK for a thorough review of your development plans for condominium use.
Here for OUr Clients:
environmental law & litigation
Attorneys for real estate developers are kept busy tracking the ever-evolving changes to environmental law. We strive to provide our clients with strategic legal advice that addresses immediate and long-term environmental issues and concerns.
We work closely with regulatory authorities at the local, state and federal levels to ensure that our clients can avoid litigation when possible. Given the complexity of environmental law across multiple agencies, negotiation or litigation are sometimes unavoidable.
KJK attorneys represent real estate clients in administrative, criminal and civil environmental enforcement matters, regulatory negotiations and rulemaking.
Our litigation attorneys frequently service clients in:
- Administrative hearings and subsequent appeals
- Civil enforcement actions taken by environmental agencies
- Criminal enforcement actions by environmental agencies
- Toxic tort litigation
- Contract indemnity litigation
KJK Homebuilder Program
KJK’s Real Estate attorneys represent national and regional homebuilders, assisting with all aspects of land and subdivision development.
Homebuilders face all the legal challenges of a typical business but also need specialized advice on construction, land acquisition, finance and more. Historically, KJK’s Homebuilder and Land Development team have worked on thousands of lots and thousands of acres. Based on that experience, we have developed a turn-key package that gives homebuilders access to a wide variety of services, all for a cost-effective monthly flat-fee.
- Assisting in evaluation of property, including reviewing and evaluating environmental reports
- Drafting and negotiating purchase agreements and amendments
- Review title commitments and surveys
- Assisting with governmental approvals
Drafting and negotiating loan agreements
Negotiating environmental indemnities
Intercreditor agreements and subordination and non-disturbance agreements
Drafting package of form agreements for major vendors
Negotiating of master services agreements with various trades
Negotiating of standard AIA forms
Preparing and filing Notices of Commencement
Formation of Association
Bylaws of Association
Declaration of Covenants, Conditions and Restrictions
Rules and Regulations
General employment counseling
Preparing of employee handbooks and other policies and procedures
Wage and hour consultation
Independent contractor agreements
Review existing policies
Consulting on additional needed policies
The Value of Our Experience:
Eminent Domain & Public Taking
The eminent domain process under Ohio law is complicated and can often take months to years to resolve. The earlier the statutory process is initiated, the sooner the issue can be resolved. There is a complex systematic process for complying with statutory eminent domain to ensure public entities can acquire the property in a reasonable time, lawfully and fairly.
KJK’s real estate attorneys also represent private individuals and commercial entities whose property is threatened by eminent domain and public taking. Receiving a notice that the government is taking action to take your property through the process of eminent domain is stressful and unnerving.
The eminent domain process is extremely technical, and an experienced real estate development attorney can make sure your rights are protected throughout the process. The sooner you involve the attorneys at KJK, the better the chances of reaching a satisfactory resolution.
We’re Here for you:
Talk with a KJK Real Estate Attorney Today
If you have a real estate project in any state of development, please don’t hesitate to contact our attorneys to discuss it. We handle the legal components of complex real estate projects so that our clients can focus on growing their businesses.