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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."
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
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
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
Property
Co-owners
Ownership Share
Common Areas
Exclusive Use Areas
Land Register (Grundbuch)
Operating Expenses
Capital Improvements
Maintenance Costs
Transfer
Encumbrance
Property Manager
Decision Making Process
Major Decision
Minor Decision
Common Charges
Special Assessment
Property Tax
Insurance
Mortgage
Right of First Refusal
Business Day
Force Majeure
Gross Negligence
Notice
Occupancy
Permitted Use
Reserve Fund
Sale Proceeds
Special Resolution
Title Documents
Utilities
Valuation
Voting Rights
Management Committee
Extraordinary Expenses
Common Property
Improvements
Maintenance Schedule
Ownership Interest
Rights and Obligations
Property Management
Decision Making
Financial Obligations
Cost Sharing
Maintenance and Repair
Insurance
Transfer Rights
Right of First Refusal
Property Use
Improvements
Mortgages and Liens
Default and Remedies
Dispute Resolution
Termination
Force Majeure
Notices
Amendment
Assignment
Severability
Entire Agreement
Governing Law
Registration
Indemnification
Death or Incapacity
Partition Rights
Access Rights
Real Estate
Property Management
Legal Services
Financial Services
Insurance
Construction
Residential Property
Commercial Property
Property Development
Professional Services
Legal
Real Estate
Property Management
Facilities Management
Risk & Compliance
Asset Management
Investment
Finance
Operations
Business Development
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
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