Tenants In Common Agreement Template for Austria

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Key Requirements PROMPT example:

Tenants In Common Agreement

"I need a Tenants in Common Agreement for a vacation property in Vienna that will be jointly owned by three family members, with varying ownership shares of 50%, 25%, and 25%, including specific provisions for scheduling usage during holiday periods."

Document background
A Tenants in Common Agreement is essential when multiple parties wish to jointly own property in Austria while maintaining distinct, separate ownership shares. This document is particularly crucial for both residential and commercial property arrangements where co-owners need clear guidelines for property management and decision-making. The agreement must comply with Austrian Civil Code (ABGB) requirements and land registry regulations, making it a vital tool for establishing legally sound co-ownership structures. It addresses key aspects such as ownership percentages, maintenance responsibilities, cost allocation, and transfer rights, while providing mechanisms for dispute resolution. This type of agreement is commonly used in family property arrangements, investment partnerships, and business property sharing scenarios.
Suggested Sections

1. Parties: Identification of all co-owners with their full legal names, addresses, and ownership percentages

2. Background: Context of the agreement, including property details and purpose of the co-ownership arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Detailed description of the property, including land register details and physical description

5. Ownership Shares: Specification of each owner's percentage share and the nature of the co-ownership

6. Rights and Obligations: General rights and obligations of co-owners, including usage rights and restrictions

7. Management and Decisions: Process for making decisions regarding the property and management structure

8. Costs and Expenses: Distribution of costs, expenses, and tax obligations among co-owners

9. Maintenance and Repairs: Responsibilities for property maintenance and repair procedures

10. Transfer of Interest: Rules and procedures for selling or transferring ownership shares

11. Dispute Resolution: Procedures for resolving disputes between co-owners

12. Term and Termination: Duration of the agreement and conditions for termination

13. Governing Law: Confirmation of Austrian law application and jurisdiction

14. Miscellaneous: Standard legal provisions including notices, amendments, and severability

Optional Sections

1. Property Management: Detailed section for cases where a professional property manager is appointed

2. Rental Arrangements: Provisions for when the property is to be rented out to third parties

3. Insurance Requirements: Specific insurance obligations beyond standard requirements

4. Right of First Refusal: Provisions giving co-owners first right to purchase if another owner wishes to sell

5. Mortgage and Financing: Provisions regarding existing or future mortgages and financing arrangements

6. Usage Schedule: For properties with shared usage rights, detailed scheduling arrangements

7. Business Use: Special provisions if the property is used for business purposes

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property, including land register extract (Grundbuchauszug)

2. Schedule B - Ownership Shares: Detailed breakdown of ownership percentages and contribution records

3. Schedule C - Cost Allocation: Detailed breakdown of how different types of costs are to be shared

4. Schedule D - Maintenance Schedule: Regular maintenance requirements and responsibilities

5. Schedule E - House Rules: If applicable, rules for property use and maintenance

6. Appendix 1 - Property Plans: Floor plans, site plans, and other relevant property drawings

7. Appendix 2 - Initial Condition Report: Documentation of property condition at agreement commencement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Real Estate

Property Management

Legal Services

Financial Services

Insurance

Construction

Residential Property

Commercial Property

Property Development

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Risk & Compliance

Asset Management

Investment

Finance

Operations

Business Development

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Property Developer

Asset Manager

Investment Manager

Facilities Manager

Real Estate Investment Advisor

Property Valuation Specialist

Mortgage Broker

Risk Manager

Compliance Officer

Real Estate Portfolio Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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