Understanding Co-Ownership: Rights, Responsibilities, and Division
Co-Ownership and Economic/Condo Considerations
Co-ownership is a legal situation that occurs when the ownership of a thing or right belongs to several persons. The Civil Code adopted the Roman system of division of fees levied on the object taken as a unit. In relation to its contents, it is essential to distinguish between the rights of the investors and what corresponds in relation to their portion or share.
Rights and Responsibilities in Co-Ownership
In connection with the common property, the rights include use, enjoyment, conservation, protection against distraction, defense at trial and the right to claim, alteration, and disposal. Each user can use the common property in a way that does not harm the interest of the community or prevent other partners from using it according to their rights. Although the right of each owner is limited to shares, they are not strangers to the ownership of the property considered in its unity as long as it remains undivided. No owner can be found in situations of poor condition or part of that property.
Regarding enjoyment and conservation of the common property, both parties share the benefits and burdens proportionally to their respective shares. Unless proven otherwise, the portions corresponding to individuals in the community are presumed equal. Therefore, any owner has the right to force the rest of the participants to contribute to the maintenance costs of that property or common law. They can only be released from that obligation by surrendering their respective shares in the property.
Administration and Decision-Making
For the administration of the common property, resolutions adopted by a majority vote are sufficient. A majority exists when the agreement is made by participants representing the largest amount of interest that is the subject of that community. If there is no majority or the agreement is seriously prejudicial to the interests of the common property, the judge will provide upon request, as appropriate, even appointing an administrator.
Disposal of Common Property
The disposal of common property requires unanimous agreement. The civil code states that no investor can consent to others making alterations to the common property, even if those alterations could be advantageous for everyone.
User Fees and Ownership Rights
Each user has full ownership of their part and its corresponding fruits. They can sell, assign, mortgage, or even replace another in their use, unless it involves personal rights. However, the effect of a sale or mortgage will be strictly limited by the relationship it has been awarded the cessation of the community.
Ending Co-Ownership: Division of Common Property
The extent of the ownership situation ends with the division of the common property. We must distinguish whether the property is divisible or indivisible. No owner is obliged to remain in co-ownership, and each may at any time split the common property. However, this is subject to any covenant to preserve the undivided property for a fixed period not exceeding 10 years, which can be extended for a further term. This is an act of limitations, so the division can be ordered from any owner who has the self-government and the acquisition of property.
The procedure to extinguish the situation may have two channels: a first out-of-court and another judicial. Through the first, interested parties may request the division of the common property through appointed arbitrators who will determine the right proportion of each co-owner, avoiding possible supplements in cash. In the second procedure, if the parties do not come to an agreement, that action would correspond to the courts. The community finally ends when the property is indivisible.