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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSE. Co-Ownership (Civil Code, arts. 484-501), Condominium Act (R.A. No. 4726, as amended)

Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Subject: E. Co-Ownership (Civil Code, arts. 484-501), Condominium Act (R.A. No. 4726, as amended)

Through a series of unforeseen circumstances, Alex, Bob, and Charlie find themselves co-owners of a condominium unit in Makati City. However, their co-ownership arrangement has turned sour due to disagreements and conflicts.

  1. Alex wants to sell the condominium unit and divide the proceeds among the co-owners. Bob, on the other hand, wants to keep the unit and continue using it for personal purposes. Charlie is open to either selling the unit or keeping it. Assess the rights and obligations of Alex, Bob, and Charlie as co-owners, taking into consideration the provisions of the Civil Code on co-ownership and the Condominium Act.
  2. The condominium unit is in need of major repairs and upgrades. Alex proposes that they divide the cost equally among the co-owners. Bob argues that since he uses the unit more frequently, Alex should carry the majority of the expenses. Charlie suggests that they obtain a loan to cover the repair costs. Determine the appropriate course of action based on the provisions of the Civil Code on co-ownership and the Condominium Act.
  3. Due to financial difficulties, Alex decides to sell his share of the condominium unit. Bob offers to purchase Alex's share, but at a significantly lower price than the fair market value. Charlie, who is interested in buying the unit as well, offers to purchase Alex's share at a higher price. Evaluate the rights and options of Alex, Bob, and Charlie in terms of selling and buying shares in a co-owned condominium unit, in accordance with the provisions of the Civil Code on co-ownership and the Condominium Act.



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Bar Review Question: IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Subject: E. Co-Ownership (Civil Code, arts. 484-501)