[bagel2756]

My wife and I are non-resident homeowners of a property we co-own with my brother, in which he is the resident owner. He has an occupant in the house who pays for half the hoa's, there is no mortgage as that is paid off. My brother and I are not on speaking terms. He keeps changing the lock so I can't enter the house which is a condo in a gated community. Would it be illegal if I picked the lock to let myself in? The hoa's, by the way, are $605 a month.

[tickle]

If you picked the lock to enter, then that would be breaking and entering, which isn't legal.

Tick

[AK lawyer]

If you picked the lock to enter, then that would be breaking and entering, which isnt legal.

tick

Isn't legal if you don't own it or otherwise have a legitimate reason to do so. Locksmiths, for example, can be asked to pick a lock, legally, if it's the owner who asks. Bagel, if he is a half-owner, has a right to enter his own house.

On the other hand, security or the cops are likely to get suspicious if they catch him doing it. It would be best to get a court order, or at least advise the police beforehand of what he is going to do. They, in turn, will probably tell him "it's a civil matter; get a court order first."

So, if your brother is paying half the HOA dues, who is paying the other half?

[excon]

My wife and I are non-resident homeowners of a property we co-own with my brother,

Hello bagel:

You own it. You can pick the lock, or break the door down if you wish.

excon

[Fr_Chuck]

you may enter the house if your "renter" does not provide you a key. But you have to give them reasonable notice that you are to enter. So notify them that you will be entering your home and then you may do so.

Also you can begin asking for rent equal to 1/2 of the value of normal rent in that area.

[bagel2756]

I hope this clarifies my situation. My brother and my wife and I are the legal owners of the house. My brother is the only owner who lives there along with his occupant. This is a condo in a gated community. The occupant has not signed any rental papers with us. I'm the one that wants to pick the lock, because, my brother, who I don't talk to, keeps changing the lock to prevent my from entering the condo. Can I get a locksmith to make me a key for the condo as I'm one of the owners? My brother pays for half of the hoa's and the occupant the other half. There is no mortgage on the condo.
How can I ask him to pay for half of the rent if there is a form to be filled out with the Association of the community and he doesn't want to fill one out. My brother needs him there to pay for half of the hoa's. So you see the predicament I'm in. Also, my wife wants to do my brother the favor of keeping the occupant in the condo to help my brother pay for the hoa's.

[AK lawyer]

...
How can I ask him to pay for half of the rent if there is a form to be filled out with the Association of the community and he doesn't want to fill one out[?] ...

I, frankly, don't see what the HOA, or its forms, have to do with whether the "occupant" has to pay you rent. Do you and your wife own 1/2 interest together (1/4 yours and 1/4 hers) in the condo, or 1/3 each?

In effect, you are getting your HOA fees paid in exchange for your right to use and enjoy the premises. It could be that your brother has leased the condo to the "occupant"; I assume you don't know if there is such a written contract. Do you know what the rental value of the condo is (what are similar units in the same complex renting for)?

[bagel2756]

My wife and I own 1/3 each concerning the condo. I know that there is no written contract to lease, being that my brother is not that intelligent enough to initiate one. Without the occupant paying for 1/2 of the hoa's, my brother wouldn't be able to hold up to paying all of the hoa's, then, he would fall behind in payments and the association would initiate foreclosure process. I don't know what the rental value of that area is. Recently, I talked to a cop, who knows about occupancy of a residence and was told that being my brother is the resident homeowner, he can have whoever he wants living there. That part is just to add to what my situation is. I would like to charge the occupant rent, but, my wife, as a favor to my brother, wants to keep the occupant there so my brother can pay all of the hoa's with the money he is getting from the occupant.

[J_9]

Here's some background info

https://www.askmehelpdesk.com/real-e...se-541761.html

[AK lawyer]

My wife and I own 1/3 each concerning the condo. I know that there is no written contract to lease, being that my brother is not that intelligent enough to initiate one. Without the occupant paying for 1/2 of the hoa's, my brother wouldn't be able to hold up to paying all of the hoa's, then, he would fall behind in payments and the association would initiate foreclosure process. I don't know what the rental value of that area is. Recently, I talked to a cop, who knows about occupancy of a residence and was told that being my brother is the resident homeowner, he can have whoever he wants living there. That part is just to add to what my situation is. I would like to charge the occupant rent, but, my wife, as a favor to my brother, wants to keep the occupant there so my brother can pay all of the hoa's with the money he is getting from the occupant.

You and your wife have the right to sue your brother for partition, sell the condo, and divvy up the proceeds. I understand that your wife, an "enabler" that she seems to be, probably won't go for that, but that's your option. Short of that, I suggest that you lay down some rules, including giving you a reasonable right of access.

[ScottGem]

First, you asked a similar question previously. I'm not going to merge your threads, but you should have referred to it.

Second, Why do you need to get in there? Frankly, I think you are pushing things beyond the legal envelope. Since your brother is the only resident, then his rights trump yours In my opinion. If you force your way into the unit, I think you would be breaking the law. While it may not result in criminal charges, you may be giving your brother and, more importantly his tenant (not occupant), grounds for a suit.

The cop was right, he has the right to have a tenant.

Now, if something happened to your brother as the remaining owner you would have every right to to enter the property if the tenant refuses entrance.

But, as long as the mortgage is being paid or the HOA fees are being paid then what is your problem?

[bagel2756]

Thanks for the input on this thread everyone. You've given me some food for thought to go on and I appreciate it. The big problem is, my brother and I don't get along and I don't trust him as he does a lot of things behind my back.

[ScottGem]

But what do you think he is doing? Do you think he's going to trash the place when he owns a third of it?

As long as all the expenses of the place are being paid, then I don't see where you have any concern. He can't sell the place without you and your wife's signature. He's unlikely to damage the place, so I would leave it alone.

[bagel2756]

Also, I'm paying for the liability ins. On the place. Having that person there, wouldn't that put a burden on that?

[ScottGem]

Why? Do you think he's going to do something to harm someone? Do you even know ANYTHING about him?

[bagel2756]

Yeah, he had threatened to sue the association in a beef he had about his occupancy of the condo. As it turned out, it was just a bluff.

[AK lawyer]

Also, I'm paying for the liability ins. on the place. Having that person there, wouldn't that put a burden on that?

No. You mean the premium is higher because of that person? Doubtful.

Why are you carrying liability insurance? Wouldn't homeowners' insurance be better?

[bagel2756]

Liability and earthquake are not covered by the association's ins. This is for ScottGem,lso, I neglected to mention that my signature was forged on a Application for Occupancy form. So you see the distrust I have for these two.