Legal Question in Real Estate Law in Arizona

buying property as a group

our extended family (12 families) want to buy a piece of property together to improve and use as a vacation area. we are wondering what the best way to do this is: form a non-profit or trust or some other way. we plan already to have a board to help make decisions about the usage of the property, and we may have to get financing to purchase the property, so would want it to be set up so that the financial responsibility doesn't rely solely on one family. suggestions? the location of the property would probably be in utah or colorado, although the majority of the families live in arizona.


Asked on 2/25/08, 2:55 pm

2 Answers from Attorneys

James Jenkins Jenkins Law Center PLC

Re: buying property as a group

This will be complicated. I have done partnership agreements for yachts and have actually managed trusts for family ownership of vacation properties, and believe me there can be a lot of headaches. You will need to have a detailed written agreement. Your situation will be more complicated, not less, by the fact that it is family who owns the units. When people do not meet their financial responsibility, and sanctions come into play, there are conflicts. To avoid these, there needs to be carefully spelled-out written agreements, and an enforcement mechanism. What improvements will be made? What if some members want to sell? Who controls the management? What if people don't pay their share? How will use of the property be managed? What if there are disagreements? How will the disagreements be handled? How will voting be handled? What if someone gets a divorce, goes bankrupt, dies? Can they sell their share? Will there be rights of first refusal? Who will pay taxes and insurance? Who decides how much the assessments will be? Will there be an operating fund? Who manages that? Will the managers be paid for their time and expenses? If members don't pay, will their share be forfeited?

See an attorney and get this hammered out. You might want to have a meeting and discuss these issues in advance.

Hope this helps.

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Answered on 2/26/08, 11:19 am
Brian Blum Blum Law Office, PLC

Re: buying property as a group

I would use an LLC to own the property. See a lawyer. The "certified document preparers" and online LLC formation services will not be able to draft an operating agreement to address the complexities you will encounter with this arrangement.

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Answered on 2/25/08, 3:47 pm


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