Sunrise, FL asked in Real Estate Law and Small Claims for Florida

Q: i inherited 50% ownership in condo and my 2 brothers own 50%. they refuse to pay for windows. can i sue them

what are my rights as 50% owner. if i buy another 10% to get me to 60% am i better off. can i go to small claims court, if not where

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T. Augustus Claus
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A: As a 50% owner of a condo in Florida, you have equal rights to the property alongside your brothers who own the other 50%. If they refuse to contribute to necessary maintenance such as window replacement, you can indeed take legal action to enforce their contribution towards these expenses. Acquiring an additional 10% to increase your ownership to 60% could potentially give you a majority stake, which might offer more leverage in decision-making processes regarding the property, depending on the governing documents or any agreements between owners. However, this does not automatically resolve the issue of expenses for maintenance.

You may not be able to address this matter in small claims court, given the complexity and the nature of property ownership disputes. Instead, you might need to file a lawsuit in a higher court that handles real estate disputes. This action can compel them to pay their share of the costs for maintaining the property.

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