The Co-Ownership Agreement is essential when multiple parties share ownership of property in Switzerland, whether for residential, commercial, or investment purposes. This document is fundamentally structured around the provisions of the Swiss Civil Code (ZGB/CC) Articles 646-651 and related legislation, providing a comprehensive framework for managing shared property interests. The agreement becomes necessary when two or more parties acquire property together, inherit shared property, or enter into joint property investments. It typically includes detailed provisions on ownership shares, management rights, financial obligations, use rights, maintenance responsibilities, and transfer restrictions. The document is particularly important in Switzerland due to the specific legal requirements for co-ownership (Miteigentum) and the need to clearly define rights and obligations within the Swiss legal framework.
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1. Parties: Identification and details of all co-owners entering into the agreement
2. Background: Context of the co-ownership arrangement, including property description and circumstances leading to co-ownership
3. Definitions: Key terms used throughout the agreement
4. Ownership Shares: Specification of each party's ownership percentage and associated rights
5. Property Description: Detailed description of the co-owned property and its boundaries
6. Rights and Obligations: General rights and obligations of co-owners, including use rights and maintenance responsibilities
7. Management and Decision Making: Procedures for property management decisions, voting rights, and required majorities
8. Financial Provisions: Cost sharing, expense allocation, and financial contributions
9. Use of Property: Rules governing the use of the property by co-owners
10. Maintenance and Repairs: Responsibilities and procedures for property maintenance and repairs
11. Insurance: Required insurance coverage and cost sharing
12. Transfer of Ownership: Rules regarding the sale or transfer of ownership shares, including pre-emption rights
13. Dispute Resolution: Procedures for resolving disputes between co-owners
14. Termination: Conditions and procedures for terminating the co-ownership
15. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Commercial Use: Specific provisions for business use of the property, if applicable
2. Development Rights: Rules for property development or modification, if future development is contemplated
3. Property Manager: Appointment and duties of a property manager, if required
4. Mortgage Provisions: Terms relating to existing or future mortgages, if property is or will be mortgaged
5. Rental Provisions: Rules for renting out the property or parts thereof to third parties
6. Right of First Refusal: Detailed provisions for pre-emptive rights beyond basic transfer rules
7. Special Use Rights: Allocation of exclusive use areas or special privileges to specific co-owners
8. Environmental Provisions: Special environmental obligations or considerations, if relevant
1. Property Details: Detailed property description, including plans, boundaries, and registered details
2. Ownership Schedule: Detailed breakdown of ownership shares and any special conditions
3. Financial Schedule: Detailed cost allocation formulas and financial obligations
4. Management Rules: Detailed procedures for day-to-day management and decision-making
5. Maintenance Schedule: Detailed maintenance responsibilities and schedules
6. Insurance Specifications: Required insurance details and coverage levels
7. Use Regulations: Detailed rules governing property use and restrictions
8. Property Plans: Official plans, drawings, and surveys of the property
Relevant legal definitions
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Relevant Industries
Real Estate
Property Development
Investment Management
Hospitality
Retail
Commercial Property
Residential Property
Agriculture
Industrial
Tourism
Professional Services
Family Business
Relevant Teams
Legal
Real Estate
Property Management
Asset Management
Investment
Compliance
Risk Management
Corporate Affairs
Facilities Management
Business Development
Operations
Relevant Roles
Real Estate Manager
Property Manager
Legal Counsel
Corporate Lawyer
Investment Manager
Asset Manager
Estate Administrator
Property Developer
Facilities Manager
Company Director
Business Owner
Trust Manager
Real Estate Agent
Property Consultant
Compliance Officer
Risk Manager
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