A piece of property with a single family home has been inherited by 9 family members from four deceased siblings. The partners do not speak and the property is deteriorating. Everyone pays their share of the property taxes and HOA insurance. One owner( 8 1/2%) has approved and completed repairs to a joining property good neighbor fence . I have received a bill from this minority owner to pay 25% of the bill.
Do co-owners have the obligation to consult with the other owners before repairs are performed?
1 Answer from Attorneys
There are really two related questions here. The first is whether one co-owner can commit to expenditures that would become a charge against the financial interests in the property of the other co-owners upon a sale. The answer here is that it depends upon the necessity or urgency of the expenditure. Outlays for things like mortgage payments, insurance premiums, property taxes and "necessary repairs, " when made by co-owner #1, become latent claims against the other co-owners, if and when the property is sold and profits realized. The good neighbor fence in question MAY fall into this category. However, the other question is whether co-owner #1 can send the other co-owners a bill for their share and expect to collect, prior to a sale of the property where everyone cashes in. Here, I think it depends upon what the co-owners may have agreed upon -- any contract between them -- for the care and management of the property. If there is none, I think it is doubtful that any co-owner who didn't agree to pay could be forced to pay, prior to a sale of the property.
Related Questions & Answers
I am a licensed California real estate broker. I recently left the company I was... Asked 6/27/13, 12:47 pm in United States California Real Estate and Real Property
I'm in the process of getting a loan modification on a property that was given to me... Asked 6/27/13, 10:59 am in United States California Real Estate and Real Property
How can I structure a simultaneous closing, where I buy a property and sell it to... Asked 6/26/13, 12:57 pm in United States California Real Estate and Real Property
How and where to report forgery of a signature and real estate fraud in riverside... Asked 6/26/13, 10:43 am in United States California Real Estate and Real Property
I have a question about a pre-approval on a mortgage. We got a pre-approved for a... Asked 6/25/13, 8:51 pm in United States California Real Estate and Real Property