Jay Drake

Partner

SUBDIVISION AND CONDOMINIUM LAW

Mr. Drake has extensive experience in all aspects of subdivision and condominium law. His clients include large-project developers and small-property owners. He has obtained subdivision and condominium approvals for multiphase residential, commercial and mixed-use projects and planned developments, as well as condominium conversions of both large and small buildings containing residential and commercial uses. His work has included:

  • Successfully representing subdividers before the California Department of Real Estate (DRE) to obtain issuance of the final subdivision public report.
  • Overseeing subdivision and condominium projects from start to finish, including several large projects in San Francisco. He has coordinated all aspects of the process, including working with civil engineers, land surveyors, architects, DRE consultants, HOA budget preparers, title companies, lenders, and both local and state government and regulatory agencies.
  • Drafting all condominium management documents, including CC&Rs, HOA bylaws, HOA articles of incorporation, purchase agreements, maintenance agreements, planned development documents and reciprocal easement agreements for large mixed-use projects. He also advises condominium owners, HOAs and property managers.
  • Guiding subdivisions and condominium maps, including final maps, parcel maps, vesting tentative maps, lot mergers and lot line adjustments, through the entire review and approval process, including interpreting the California Subdivision Map Act and local subdivision ordinances and regulations.
  • Drafting and obtaining approvals for off-site improvement agreements with local governments for subdivision projects.

RESIDENTIAL CONDOMINIUM CONVERSIONS

  • Has successfully completed conversions of many residential buildings with 2 units or more, including Tenancies in Common (TICs).
  • Provides expert advice and guidance on the San Francisco condo conversion lottery process and the often confusing regulations.
  • Helps property owners find qualified consultants to assist with the conversion, such as: condo map preparer; title company; building permit consultant; contractor; reserve study and budget preparer.
  • Oversees preparation and submittal of the required condominium conversion application. Mr. Drake then works directly with City agencies and staff on his client’s behalf to address any issues that may arise to successfully complete the conversion in a timely manner.
  • Prepares all condominium legal documents, including CC&Rs, HOA articles and bylaws, purchase and sale agreements and disclosures. For projects with 5 or more units, Mr. Drake represents his clients at the California Department of Real Estate (DRE) in order to obtain the required Final Subdivision Public Report.

TRANSACTIONAL LAW

Mr. Drake’s transactional experience includes easement agreements, purchase and sale agreements, seller’s disclosures, commercial leasing, title review and due diligence. His general business practice includes business entity formation for both real estate and general business purposes, including limited liability companies, limited partnerships and corporations.

LAND USE, PLANNING AND ZONING LAW

Mr. Drake has experience in San Francisco land use, planning and zoning practice. He works closely with city and county regulatory agencies, including the departments of City Planning, Building Inspection and Public Works. He also has expertise in state and local environmental and historic preservation regulations. Mr. Drake’s clients range from individual homeowners to large-scale real estate developers requiring complex land use entitlements for residential, commercial, office and retail uses.

EDUCATION

  • B.A., 1990 University of California, Berkeley (philosophy; Regent’s Scholar)
  • J.D., 1999 University of California, Hastings College of the Law (American Jurisprudence Award, Legal Writing and Research; CALI Excellence for the Future Award)
  • Judicial extern, U.S. Magistrate Judge Maria-Elena James, U.S. District Court, Northern District of California
  • Intern, U.S. Attorney, Environment and Natural Resources Unit, Northern District of California

PROFESSIONAL AFFILIATIONS

  • Member, State Bar of California

PUBLICATIONS