Schorr Law’s Los Angeles based partition attorneys have significant experience partitioning all types of real property. There are very few limitations on the right to partition other than an express or implied waiver. That said, some restrictions do apply to partition of a condominium project. Generally, common areas in a condominium project are not subject to the right to partition by co-tenants. This is true when co-owners of an individual unit in a condominium project desire to partition their condominium or aggressively desire to partition the common areas of the project.
However, an owner of a separate interest in a condominium project may seek partition of the entire project, including the common areas, when:
- the project has been destroyed and not rebuilt within 3 years of the destruction;
- 3/4ths of the project have been materially damaged or destroyed and owners who own more than half the common area are opposed to reconstruction
- the project is over 50 years old, is obsolete and uneconomic and the owners who own more than 50% oppose repair or reconstruction
- the CC&Rs allow it
Each case we see has a different set of facts that must be strategically applied to partition actions to determine the best course of action. For help with you partition claim contact us at www.schorr-law.com, firstname.lastname@example.org, 3310-954-1877 or by filling out the contact us box on the right hand side of this page.
By Zachary D. Schorr, Esq.