Skilled Representation During Co-Owner Disputes
The Bay Area, and San Francisco in particular, has a unique real estate market. Many properties are co-owned such as among condominium owners and those owning properties as tenants-in-common (TICs). Shared space such as yards, garages and entryways present many challenges and produce many disputes.
Common co-ownership disagreements include:
- Issues regarding property maintenance such as lawn care, painting and remodeling needs
- Noise, smell and other nuisance claims
- Issues involving pets
- Disputes surrounding tenants, sublets, and short-term (Airbnb) rentals
- Disputes surrounding the purpose and use of shared spaces
- Unauthorized improvements
- Disputes surrounding the payment and use of homeowners association dues
Zacks Freedman & Patterson, PC is a leader in real estate law. For more than 25 years, property owners throughout the Bay Area have turned to our attorneys for representation during co-ownership disputes. When building legal strategies, we don’t limit ourselves to the law as it exists today. Instead, we fight for change. Our cases have helped shape San Francisco property law.
Resolving Co-Owner Disputes
In California, co-owners have the right to sever the co-ownership relationship at any time through partition unless this right has been waived by agreement.
During a partition, the property is sold and the proceeds are divided proportionately based on the parties’ respective ownership interests. Because this process requires a court order, it can be expensive, reducing the proceeds each party receives upon sale.
At Zacks Freedman & Patterson, PC, we know the law — and we know how to make it work for you. When litigation and/or partition is necessary, we will go to court and fight to make sure your interests prevail.
Litigation and partition are not the only answer. Many owners do not want to sell their properties; they simply want their disputes resolved. That is why our lawyers work with clients to negotiate agreements that resolve co-ownership disputes without selling the property.
Oftentimes, where the parties already have co-ownership agreements such as tenancy in common (TIC) agreements, homeowners association (HOA) bylaws and condominium covenants, conditions and restrictions (CC&Rs), we can use those to not only accurately determine your rights and responsibilities, but also to find solutions. If the other party is failing in its duties or taking action prohibited under these agreements, we will take steps to force compliance. We also help co-owners amend and update their agreements. Finding solutions out of court not only avoids a forced sale, but it gives co-owners the best chance of living together peacefully in the future.