Kyle Grant is an attorney in Tonkon Torp’s Real Estate & Land Use Practice Group. He represents clients on commercial real estate transactions and development, purchases and sales, leasing, financing, and land use. His practice includes serving as a general counsel to condominium and planned community homeowner associations. He also advises clients on corporate matters including business acquisitions, entity formation, and negotiation of commercial contracts.
Born and raised in Portland, Kyle graduated from Brigham Young University, J. Reuben Clark Law School, where he was twice named to the Dean’s List. During law school, he served as a Senior Editor of the BYU Law Review and was a finalist in the school’s Moot Court Competition.
In the community, Kyle is a member of the Oregon State Bar Real Estate & Land Use Section and serves as Chair of its Legislative Subcommittee. He is also a member of the Oregon Chapter of NAIOP, and an Education Committee member for the Western Oregon Chapter of Community Associations Institute.
Kyle’s approach emphasizes the need to have a clear understanding of his clients’ economic and business interests to help them achieve their goals. Kyle works to distill complex legal issues down to practical, concise and concrete options and recommendations for his clients.
Get to Know
In addition to the law, Kyle has had a lifelong passion for music and is an accomplished cellist. He currently plays with the Portland Columbia Symphony and with the chamber group ARCO-PDX. From a young age, his parents noted his ear for music and his ability to hear tunes once and work them out on the piano. During high school Kyle was a cellist with Portland Youth Philharmonic and the Metropolitan Youth Symphony and later attended the Aspen Music Festival and School.
Kyle now lives in Sherwood, Oregon with his wife Kellie and two children, Wesley and Ella. He enjoys working on never-ending home improvement projects ranging from building cabinets, installing doors, tiling kitchens and bathrooms, and landscaping his yard.
Formation of Mixed Use Residential and Agricultural Planned Community
Assisted developer with formation of large lot subdivision in rural area near Hillsboro that included both residential lots as well as a farming tract. The project included negotiating special covenants to address noise and agricultural activities adjacent to residential lots.
Creation of Commercial Condominium Office Park
Represented client in formation of a commercial condominium office park that included several manufacturing centers. The project included addressing encroachment issues and environmental matters before filing the condominium.
Purchase of 139-Unit Beaverton Apartment Building
Represented client in purchase of 139-unit multi-story apartment building in Beaverton.
Legal Restructuring of 400-Lot Planned Community
Assisted planned community consisting of over 400 lots in restructuring and redrafting their governing documents to comply with the current planned community act. The project included several rounds of negotiations with current owners regarding the original formation of the homeowners association and authority to levy assessments.
Acquisition of Orthodontic Manufacturing Facility
Represented clients in the drafting of an asset purchase agreement for an orthodontic manufacturing facility, which included the transition of management and new employees.
Full Redraft of Governing Documents for KOIN Tower’s Fountain Plaza Condominium
Represented Fountain Plaza Condominium at KOIN Tower in its complete redrafting of its governing documents. The draft required addressing unique issues involved with leasehold condominiums as well as ensuring the documents were consistent with the underlying ground lease. In order to bring the documents to completion, assistance was required to present the new documents to the residents, answer questions and secure votes and proxies to achieve full approval and recording of the documents.
Negotiation of Shopping Center Lease
Represented real estate investor in negotiation of shopping center lease for large grocery store chain as well as two chain restaurants.
Tenancy in Common Agreement for Manufactured Dwelling Park
Assisted client with the preparation of a tenancy in common agreement and purchase of a $2 million manufactured home facility.
Sale of Storage Facility
Represented clients in the sale of storage unit facility, which included preparation of financing documents securing the sale, and also included new entity formation and acquisition of business interests for the ownership of the facility.
Counsel on Financing Requirements for Bank Entry into Oregon and Washington Markets
Advised national bank on real estate laws affecting secured loan transactions in Oregon and Washington, including matters relating to proper drafting of promissory notes and deeds of trust, and provisions relating to assets owned jointly or in trust, guaranties, waivers, dragnet clauses, and recording requirements, among others.
Negotiated Exercise of Right of First Refusal
Successfully represented client in the last-minute exercise of a right of first refusal on the sale of real property. The project required extensive work with the title company on issues relating to the exercise of the right and negotiation with the original buyer to complete the client’s purchase, which resulted in a substantial profit upon later resale.
Arrangement of Special Assessment and Financing for Condominium Rehabilitation
Assisted client with the levying of a $4.5 million special serial assessment and drafting of special assessment and loan resolution for siding and roof reconstruction on residential townhome development.
Community Involvement & Activities
Oregon State Bar RELU Section
2012- Present, Real Estate Legislative Subcommittee, Chair
CAI, Oregon Chapter
2012 – Present, Education Committee, Member and Former Chair
Multnomah Bar Association
NAIOP, Oregon Chapter
Tonkon Torp attorney Kyle Grant was a featured speaker at the 2022 Annual Summer Conference hosted by the Oregon State Bar Real Estate and Land Use Section. Kyle presented a recap of residential and commercial real estate laws passed during the 2022 Oregon legislative session and provided an update on bills passed in 2021.
Tonkon Torp LLP welcomes attorney Kyle Grant to its Real Estate & Land Use Practice Group. Grant is licensed to practice law in Oregon and Washington.
Ear to the Ground Blog
By Kyle Grant – As the end of the year fast approaches, community associations should ensure compliance with the new requirements in HB 2534 to remove discriminatory provisions from governing documents. The deadline for compliance is December 31, 2022.
Publications & Presentations
“2022 Real Estate Legislative Update,” OSB Real Estate Section, Annual Summer Conference, August 2022
“2021 Real Estate Legislative Update,” RELU Annual Conference 2021 Webinar Series, 2021
“Partney Pitfalls: Lessons Learned from Recent Caselaw on the Easement Merger Doctrine,” Oregon State Bar, RELU Section, 2021
“Building Support for Governing Document Amendments,” CAI Western Oregon Monthly Luncheon, 2021
“Board of Director Ethics,” CAI Western Oregon Monthly Luncheon, 2019
“Nuts and Bolts of Rules Enforcement,” CAI Western Oregon Monthly Luncheon, 2016
“Elections and Removal Meetings,” OWCAM Manager’s Breakfast, 2015