| The Shared Ownership Experts |
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This site contains information on all types of fractional real estate and shared property ownership, including tenancy in common (also known as tenants in common and TIC), fractional vacation homes and clubs, equity sharing, and homeowner associations. It provides both basic information for homeowners or home buyers with no real estate background, and more sophisticated information for developers, syndicators, real estate professionals and attorneys. There are separate resource pages on various types of fractional ownership, each with links to FAQs and articles. There are also links to relevant laws, newspaper articles, books, and other resources. To learn more about legal services offered by Sirkin & Associates, visit Our Services. Contact us by telephone at either +1-415-738-8545 (US) or +33-1-76-66-02-02 (France). Our mailing address is Sirkin & Associates, 388 Market Street, Suite 1300, SF, CA 94111.
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| Resources and Information |
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Fractional Vacation Real Estate Ownership
More and more people are opting to own fractional vacation property, vacation clubs, and shared vacation homes. These arrangements can involve a single home, or a large resort development, and can be organized by a small group of family or friends, an individual buyer or seller, a Realtor, or a developer. This link leads to articles and resources on fractional ownership and development of vacation or resort property. To learn more about fractional ownership legal services offered by Sirkin & Associates, visit Our Services. |
Tenancy In Common (TIC) With Exclusive Occupancy
Tenants in Common (TIC) ownership is often paired with a TIC Agreement giving each owner an exclusive right to occupy a particular space (such as an apartment, house or office) within a residential or commercial property. Assigning occupancy rights in a TIC agreement creates an arrangement that feels and acts like a subdivision when legal subdivision is impossible, unaffordable, or too time-consuming. This link leads to articles and resources on tenancy in common arrangements involving exclusive occupancy rights. To learn more about TIC legal services offered by Sirkin & Associates, visit Our Services. |
Condominium Conversion and New Construction Subdivision
This link leads to articles and resources on subdivision of real estate and conversion to condominiums. Note that the sale of a parcel of real estate as a tenancy in common (TIC) with exclusive occupancy rights is neither a subdivision nor a conversion. To learn more about condo conversion and new construction subdivision legal services offered by Sirkin & Associates, visit Our Services. |
Amendment and Modernization of CC&Rs and Other Condominium Documents
Homeowners associations and individual condominium owners sometimes need to amend their covenants, conditions and restrictions ("CC&Rs"), bylaws, rules, map, or other governing documents to recognize construction of garages, decks or room additions, or to reflect changes adopted by the owners. In addition, periodically replacing older condominium documents so they adhere to current law and "best practices" can make it easier to sell and refinance, and minimize the likelihood of owner disputes and operational problems. To learn more about the condo document amendment and replacement legal services offered by Sirkin & Associates, visit Our Services. |
Shared Ownership
There are an infinite number of reasons and ways shared property is held, many falling outside established co-ownership categories. This link leads to educational articles and resources of interest to anyone involved in any type of shared ownership. To learn more about shared ownership legal services offered by Sirkin & Associates, visit Our Services. |
Equity Sharing
In equity sharing, two parties, an "occupier" and an "investor", pool resources for the down payment on a home. For an agreed number of years, the occupier lives in the home. Then, the occupier buys out the investor or the property is sold. Each owner gets their contributions, and any appreciation is shared. This link leads to articles and resources on equity sharing as well as basic information of interest to first-time home buyers. To learn more about equity sharing legal services offered by Sirkin & Associates, visit |
Operating A Homeowners Association
This link leads to articles and resources designed for members of condominium, planned development and TIC homeowners associations, as well as the many Realtors, managers, accountants and other professionals who deal with these associations. They provide the answers to commonly asked questions about forming and operating an HOA, and the text of many laws governing these associations. To learn more about the homeowners association startup, ongoing counsel, and document interpretation legal services offered by Sirkin & Associates, visit Our Services. |
Investment Groups, 1031 TICs, Syndications and Securities
This link leads to articles and resources on real estate investments, including tax-deferred exchange (1031) TICs, limited and general partnerships, limited liability companies, and offering and raising money for real estate investments. To learn more about the investment (1031) TIC and syndication legal services offered by Sirkin & Associates, visit Our Services. |
Limited Liability Companies (LLCs)
The articles, links and resources on this page relate specifically to limited liability companies (LLCs), a form of business entity recognized in all 50 U.S. states and may other jurisdictions. LLCs can be used for all types of businesses, including real estate investments. They can also be used for real estate that will be partially of fully occupied, used or shared by the LLC owners, but this application is rarer and raises complex organizational and documentation issues. |
Sample Agreements, Forms and Templates
A variety of reasonably-priced sample tenant in common (TIC), co-ownership, shared ownership, investment, and cohabitation/unmarried couples contracts and other documents for those who prefer to create their own agreement. These templates are comprehensive, yet written in plain English, not too long, and easy to customize. |
Mediation and Dispute Resolution
This link leads to articles related to resolving disputes among co-owners of real estate, including homeowners associations (HOAs), tenancy in common (TICs), family partnerships, investor groups, and other shared ownership arrangements relating to real estate. To learn more about the mediation and dispute resolution services offered by Sirkin & Associates, visit Our Services. |
Evictions and Related Landlord/Tenant Matters
The articles, links and resources on this page are included as a public service because some of our tenancy in common clients are interested in these topics. Please note that our office does not advise or represent clients in evictions or other landlord tenant matters of any kind. |
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| Our Firm |
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Our law practice is devoted exclusively to fractional ownership, including vacation homes and resorts, tenancy in common (TIC) for both occupancy and investment, subdivisions and condominium conversions, equity sharing, shared appreciation mortgages, investment partnerships, and other co-ownership matters. We work on projects ranging from individual homes to large developments, and represent sellers, buyers, developers, and real estate professionals of all kinds. To learn more about legal services offered by Sirkin & Associates, visit Our Services.
From our offices in San Francisco California and Paris France, we have worked on projects all over the World, including most U.S. States, as well as England, Italy, France, Spain, Portugal, Ireland, Morocco, Argentina, Nicaragua, Costa Rica, Panama, Dominican Republic, Barbados, Bermuda, St. Kitts, Belize and Mexico. Since 1985, we have prepared fractional ownership documentation for over 6,000 clients.
In addition to advising clients, Andy Sirkin has personally developed more than 35 real estate projects throughout the world, and managed a successful real estate brokerage. He is an accredited instructor with the California Department of Real Estate, and frequently conduct fractional ownership workshops for buyers, sellers, developers, and real estate agents. He is a vocal advocate for creation of affordable home ownership opportunities, has made numerous appearances on San Francisco Bay Area television and radio, and addressed the Commonwealth Club of California. Andy is the co-author of The Condominium Bluebook, published annually by Piedmont Press, and The Equity Sharing Manual, first published by John Wiley and Sons in November 1994 (order the book).
Rosemarie MacGuinness has practiced with Sirkin & Associates since 2006, focusing on shared ownership of small buildings in San Francisco. She has prepared hundreds of tenancy and common agreements, condominium CC&Rs, and related amendments for 2-4 unit buildings, and advised buyers, seller, Realtors and developers on all aspects of small-building transactions. Rosemarie is also a certified mediator specializing in co-owner disputes including nonpayment, expense allocation, maintenance/alteration, and noise. She has advised and drafted language for the San Francisco Association of Realtors and Sterling Bank & Trust, and regularly publishes articles and presents educational workshops. Rosemarie also has over 20 years experience as a litigator with a major construction law firm, as in-house counsel and Director of Arbitration at a securities exchange, as a real estate broker, and as a rental property owner.
Contact Us:
Our email address is dasirkin@earthlink.net. We welcome brief email inquiries, but do not provide legal advice via email. If you have legal questions, or would like to set up an appointment, please contact us at either +1-415-738-8545 (US) or +33-1-76-66-02-02 (France). Our staff will then direct your call to the appropriate office and attorney.
Mailing address: 388 Market Street, Suite 1300, San Francisco, CA 94111 |
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