Legal Question in Real Estate Law in California
shared property costs
I own a condo that was previously a duplex then converted. (1)unit has 3 bedrooms and (1) unit has 2. I own the the 2 bedroom unit. My mother did the condo conversion and sold the 3 bedroom and the outside costs (lights,water and trash were divided 60% (3 bdrm unit and 40% (2 bdrm unit), the owner of 60% portion paid the shared expenses @ 60% for 20 yrs with no question, then he sold, the new owner paid 60% with no question for over 3 yrs, now she is refusing to pay the 60% and she feels 50% is fair. She states that she was not informed when she purchased the unit of the amount to be paid and the C,C & R's only indicate that the insurance should be divided as such. I believe she has made an agreement by paying the amount w/no question for over 3 years. Please advise me on how to handle this matter, she has been sending me only 50% of what is owed since October and states a contract is an agreement by (2) parties, but I do not agree either and do not feel she has the right to change the amount after paying it for so long without question and her unit is larger, can house more people meaning more water, trash and outside light usage.
2 Answers from Attorneys
Re: shared property costs
An action may be brought against the other owner under the C C & R's of the Association. We would need to review your C.C. & R's. Also, is your Association a corporation? Please call me if you need assistance in collecting this debt.
Re: shared property costs
One practical solution might be to submeter the electricity -- have a licensed electrical contractor split the two circuits and install two meters. (The trash, water, and sewer bills are presumably relatively small by comparison.) Or, you could seek what is called "declaratory relief," asking a court to interpret/rewrite the CCRs your way. You could substantially reduce legal and court costs for both sides by agreeing to Alternate Dispute Resolution (mediation/arbitration) since the amount in controversy is only 10% of your combined monthly electric bill.
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