Tenancy In Common Agreement Template for Indonesia

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Key Requirements PROMPT example:

Tenancy In Common Agreement

"I need a Tenancy in Common Agreement for a commercial property in Jakarta's business district, to be shared between three corporate entities with different ownership percentages (50%, 30%, 20%), with specific provisions for property management and future development rights."

Document background
The Tenancy In Common Agreement is essential when multiple parties wish to co-own property in Indonesia while maintaining separate and distinct ownership shares. This arrangement is commonly used for both commercial and residential properties, allowing co-owners to hold different percentage interests in the same property while maintaining individual rights to sell or transfer their shares. The agreement must comply with Indonesian property law, particularly the Basic Agrarian Law and relevant local regulations. It typically includes detailed provisions for property management, cost sharing, decision-making processes, and dispute resolution. This document is particularly important in Indonesia's property market where clear documentation of ownership rights and responsibilities is crucial for legal protection and proper property registration.
Suggested Sections

1. Parties: Identification of all co-tenants entering into the agreement, including their full legal names, addresses, and citizenship status

2. Background: Context of the agreement, including property details and the intention to own the property as tenants in common

3. Definitions: Key terms used throughout the agreement, including property-specific terminology and Indonesian legal terms

4. Ownership Interests: Specification of each co-tenant's percentage share in the property and confirmation of tenancy in common arrangement

5. Property Details: Complete legal description of the property, including certificate numbers and land registry details as required under Indonesian law

6. Financial Obligations: Division of costs including maintenance, repairs, taxes, insurance, and other property-related expenses

7. Management and Decision Making: Process for making decisions about the property, including voting rights and required majorities

8. Use and Occupation: Rules governing the use of the property by co-tenants and any restrictions

9. Maintenance and Repairs: Responsibilities and procedures for property maintenance and handling repairs

10. Transfer of Interest: Process and restrictions for selling or transferring ownership interests

11. Dispute Resolution: Procedures for resolving disagreements between co-tenants, including mediation and arbitration provisions

12. Governing Law: Confirmation of Indonesian law as governing law and relevant jurisdiction

13. Execution: Signature blocks and execution requirements compliant with Indonesian legal requirements

Optional Sections

1. Right of First Refusal: Gives existing co-tenants the first option to purchase if another co-tenant wishes to sell their share

2. Property Manager: Provisions for appointing and governing a property manager when professional management is desired

3. Rental Arrangements: Rules for renting out the property or individual portions when permitted

4. Foreign Ownership Provisions: Special provisions required when one or more co-tenants are foreign nationals

5. Mortgage and Financing: Provisions dealing with existing or future financing arrangements

6. Death or Incapacity: Procedures for handling a co-tenant's interest in case of death or incapacity

7. Insurance Requirements: Specific insurance obligations beyond standard requirements

8. Buy-Out Provisions: Detailed procedures for co-tenants to buy out others' interests

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property including certificates, boundaries, and registrations

2. Schedule B - Ownership Percentages: Detailed breakdown of ownership shares and initial capital contributions

3. Schedule C - Financial Contributions: Initial and ongoing financial obligations of each co-tenant

4. Schedule D - Property Rules and Regulations: Detailed rules for property use, maintenance standards, and occupancy

5. Appendix 1 - Property Management Agreement: Template or actual agreement with property manager if applicable

6. Appendix 2 - Property Plans: Floor plans, site plans, and other relevant property drawings

7. Appendix 3 - Initial Condition Report: Documentation of property condition at agreement commencement

8. Appendix 4 - Insurance Certificates: Copies of required insurance policies and certificates

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
Clauses
Relevant Industries

Real Estate

Property Development

Hospitality

Commercial Property

Residential Property

Tourism

Retail

Office Space Management

Industrial Property

Agriculture

Relevant Teams

Legal

Real Estate

Property Management

Corporate Affairs

Facilities Management

Investment

Operations

Compliance

Business Development

Asset Management

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Property Manager

Investment Manager

Asset Manager

Facilities Manager

Real Estate Agent

Property Investment Advisor

Compliance Officer

Real Estate Attorney

Corporate Counsel

Property Administrator

Business Development Manager

Operations 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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