How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38567
Experience:  Retired (mostly)
Type Your Legal Question Here...
socrateaser is online now
A new question is answered every 9 seconds

A property is owned by a a group of co of the co

Customer Question

A property is owned by a a group of co of the co owners has voluntarily assumed the managerial responsibility of the property.he has not asked or demanded any compensation ,ever since assuming this positio.There is no agreement written or otherwise between the co owners.Can that co owner demand compensation now.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
No, the only way to get compensation would be by formal agreement. With this type of situation, the co-owners really should consider sitting down and coming up with a formal property ownership agreement (whether they continue allowing this co-owner to manage their property or paying a third party to do so, having a formal agreement will help deal with disputes later, provide a mechanism for dissolving the arrangement later (for example if one person wants out, allow for them to leave without going through a court action for "partition" - a costly way to dissolve your co-ownership) and deal with distribution of income and debt.
If you currently have a dispute, you can consider mediation as a good way to resolve these kinds of problems and help get everyone on the same page - - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.
Customer: replied 1 year ago.
Please opt out. I would like to work with a different expert
Expert:  socrateaser replied 1 year ago.
Hello, I need to do a little research of appellate case law before I post an answer. If you don't want to wait, the system will send you an alert when I answer. Thanks in advance for your patience.
Expert:  socrateaser replied 1 year ago.
Okay, I'm back. The closest case to your circumstance is Bardis v. Oates (2004) 119 Cal.App.4th 1, in which the Cal. 3rd District Court of Appeals affirmed a jury decision finding a partner liable for misappropriating a management fee from copartners without their consent -- even though the partnership agreement provided that the partners could consent to such a management fee (the partners did not consent, because they were never asked). This appears to be the same circumstance as you describe, except that the partner has not taken the fees in advance. Based on the case law, there is simply no California precedent for an award of equitable management fees. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!