Legal Question in Real Estate Law in Florida
My dad left a condo to my stepmother, myself and 4 other siblings with right of survivorship. My stepmother was to be able to use the unit for herself and her friends and determine when she no longer wanted to do so. She has paid the association dues, real estate taxes and done some painting and new carpet. But in the course of the last 10 years some capital improvements were necessitated and she paid for them, hurricane window, rescreening porch, replacing garage and golf cart doors and feels these expenses should be shared by all owners at the point of sale of the condo. Unfortunately there has been a lack of communication in regard to this.
In addition the realtor has made recommendations for minimal updating, like with appliances, in order to put the condo in competitive sale condition. Could you clarify the responsibilities of owners, who have not used the condo personally, but who will benefit from the sale as it pertains to reimbursement for capital improvements and cost of preparing the condo for sale.
2 Answers from Attorneys
The deed will indicate who has title. If she has a life estate you can buy her out if you want to sell now. Her paid improvements are another issue to be resolved as she may have an equitable lien on the property to some extent. Taxes and dues reimbursement are questionable since she was living there.
Joint tenants must share all expenses and maintenance costs of the property they own unless they have agreed otherwise. If one person lives there and the others do not, the others' share may be offset by a reasonable rent amount from the fact that the one person is enjoying the entire property. This is not automatic, however, unless the others cannot reasonably live there as well or the parties have a mutual understanding that one will live there only.
Capital improvements should be split. Again, this is not automatic. If the improvements were not necessary and the other owners did not consent to the improvements, they may not be liable for the improvement.
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