Business and Corporate Law

• Corporate Law
• Business Disputes
  Russell “Russ” Klemm has been practicing law in Florida since 1980. A former partner in the firm of Staack, Klemm, & Simms, P. A., Russ has extensive experience in the areas of civil and commercial litigation, real estate law, bankruptcy (debtor and creditor) foreclosure, corporation, association law and appellate practice. Russ also has significant experience in representing time-share condominiums and in commercial real estate litigation and commercial real estate transactional work. As a partner with the firm since 2002, Russ has experience in drafting and amending association documents, covenant enforcement, drafting opinion letters, litigation over contract disputes, construction defects, contract negotiations, covenant violations and complex litigation in both state and federal courts.
• Limited Liability Companies
• Construction Contracts
  Ken Clayton was born and raised in Orlando, Florida. He has practiced law in Central Florida, since 1974, primarily in the areas of Real Property, Corporate and Civil law with an emphasis in the area of condominium and planned unit development law. His client representation in this area has included numerous community associations along with developers, title insurance companies, lenders, purchasers and individual homeowners. Ken is involved with clients in creating, developing, and operating community properties. He assists clients with the purchase, sale and financing of existing and proposed projects. He also handles the sale, negotiation and closing of individual units. Ken has represented associations, individual and groups of owners and developers in connection with a wide variety of community association matters, including the turnover of control of the association by the developer to the homeowners. He also has represented various specialty types of associations, such as timeshares, condotels, marinas and fly-in communities. He has represented many associations in their ongoing legal matters, including drafting, interpreting and enforcing their covenants and restrictions. His practice has included litigating and negotiating construction contracts and handling land use matters. Eminent domain, particularly the unique aspects of dealing with the taking of association properties in right-of-way takings, is an important part of his practice.

Employment Law

• Employment Contract
• Sexual Harassment

Property Law

• Real Estate Litigation
  Public Speaking Experience He has spoken at many legal seminars for his former firm, local Bar Associations, and the Real Property Probate at Trust Law Section of the Florida Bar in real estate matters. In addition, he is a regular participant in the firms’ Community Association Law Seminars. He has also been featured as a speaker at the Orange County Neighborhood Partnership Conference and well as the Orlando Neighborhood Partnership Conference.
• Construction Litigation
  Clayton & McCulloh’s litigation practice and representation of community associations includes covenant enforcement litigation and arbitration, the enforcement and defense of contract claims and many other litigation matters involving our community association clients. Clayton & McCulloh also litigates construction defect cases, against developers, contractors, and other construction professionals.
• Eminent Domain
  Clayton & McCulloh represents clients in disputes involving local and state government and agencies. These disputes include condemnation and eminent domain cases impacting its various clients.
• Land Use and Zoning
• Condominium Law
  Ken often writes and edits articles published in Clayton & McCulloh’s quarterly newsletter “Association Developments.” He has previously served on the Significant Decisions Committee of the Real Property, Probate and Trust Law Section of the American Bar Association, as the Florida State Editor of Significant Court Decisions Involving Real Property, and as the National Editor of Significant Court Decisions Involving Condominiums and Cooperatives. He has been a Contributing Editor to the National Magazine for Community Association Institute and to the Newsletter that was previously issued by the Mid-Florida Chapter of Community Association Institute. Ken has also been published in the “Condo Management” magazine.

Trusts and Estates

• Estate Planning
  From the creation to the termination of Community Associations, Clayton & McCulloh handles all facets of Community Association law, except tax and criminal issues. From the somewhat typical covenant enforcement and collection matters to the more complex construction defect and class action declaratory judgment cases, we handle them all for our clients. Additionally, for our non-Association clients, we handle real estate, corporate, probate, eminent domain, and estate planning issues and civil litigation matters.
• Probate

Finance Law

• Bankruptcy
• Foreclosure
  Her practice area within the firm will be in our Collections Department handling collection of delinquent assessments, lien foreclosures, mortgage foreclosures and litigation.
• Tax Law
  We handle every type of issues except criminal and tax issues (and then we will refer you to a firm that specializes in those areas) that can arise for a Community Association.