Commercial & Residential Real Estate Development

The firm closes commercial real estate transactions for lenders, investors, developers and builders. Firm lawyers have closed a wide variety of transactions ranging from a simple land acquisition to highly complex transactions involving planned unit developments, shopping centers, apartment projects and assemblages. The firm provides a full array of services to real estate developers and builders from pre-contract advice to closing the land acquisition and development loan through the development process. Firm lawyers interface with local governments and regulatory agencies regarding existing and emerging governmental and quasi-governmental zoning restrictions and regulations on development and land use issues. In connection with commercial real estate transactions, the firm has experience organizing business entities, including small corporations, limited and general partnerships, and limited liability companies. The firm provides organizational documents and advice as needed throughout the life of the entity.

We have extensive experience in providing legal services in all aspects of both residential and commercial developments involving mandatory membership owners associations and planned communities. As new urbanist concepts of centralized town centers and neighborhoods containing both commercial and residential components as well as infill development projects become increasingly popular, the firm works with builders and developers to provide the legal infrastructure necessary for these projects. The firm prepares the governing documents required to establish condominium, residential, commercial, town home, mixed-use and master planned communities. This includes preparing the declaration of covenants, conditions, restrictions and easements, articles of incorporation and bylaws for owners associations for residential, commercial and mixed-use projects, including planned unit developments with recreational amenities, golf courses, open space, conservation areas, lakes, private roads and alleys, town centers, live-work-play communities and other amenities. Firm lawyers regularly review existing community association governing documents on behalf of its clients prior to acquisition to assess the risks associated with building and developing property in an existing, established community. The firm also represents investors who have acquired property through foreclosure and routinely examine how the foreclosure has affected such property from a community association standpoint.

Services offered

Commercial and Residential Real Estate Development

  • Reviewing, drafting and negotiating contracts for the acquisition of land
  • Facilitating the closing of commercial transactions
  • Reviewing, drafting and negotiating development and takedown agreements
  • Drafting restrictive covenants for builders and developers for townhome, single family and mixed use projects and master planned communities
  • Forming nonprofit homeowners associations with the Georgia Secretary of State
  • Reviewing covenants for clients to assess risks prior to acquisition
  • Determining the applicability of covenants to property acquired through foreclosure
  • Reviewing covenants for compliance with Georgia law
  • Drafting condominium documents and master condominium documents and reviewing condominium plats and condominium floor plans for compliance with the Georgia Condominium Act
  • Drafting governing documents for assisted living and age restricted projects