Legal Question in Real Estate Law in Virginia

We have a family owned house, that each family owns a share in. Recently more expensive things have been bought for it, that were not needed, and of course we are also charged.

We have no problem with paying for upkeep.

We are looking to sell our share, however there is a family by-law, that states all shares must be sold to the family.

If the family can't pay for our shares, are we stuck with paying extra money each year, while we won't use the place ? Or can we legally sell our shares to a time share company ?

Overspending is one problem, the other is we lost our normal week we had for over 19 years now, so the time we might get to use it, is of no use.

Thank you for your time in this matter.


Asked on 5/26/10, 3:48 pm

1 Answer from Attorneys
Jonathon Moseley Moseley & Associates Law Firm

I don't understand all of your question. But when you say that there are bylaws requiring the property to be sold only to other family, normally this is written in a way that gives the FIRST RIGHT (right of first refusal) to family members (or whatever group). That means that if family members do not wish to buy, then outsidres can buy.

This would depend on exactly how the bylaws are written, and what they say.

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Answered on 6/01/10, 2:00 pm


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