[RPPTL LandTen] What to do with a bunch of TiCs--TiCs--TiCs--TiCs--TiCs--TiCs--TiCs--TiCs--

[Jeff Mazor]

We've been asked to file an commercial eviction action. The owners include
(a) the property management "businessman" who put the project together, took
a 1% interest and found the victims, I mean the investors; and, (b) about
three dozen Tenants in Common (TIC's), who each own different percentages of
the property totaling 99.0%.  

 

The TIC Agreement requires the approval or consent of TIC's owning over 50%
of the undivided interest in the property for such an eviction; and, if a
TIC fails to send in a notice of disapproval within 15 days, that will be
deemed to be approval. 

 

In this case, tenants-in-common representing more than the required 50%
consented to the eviction; the other TIC's did not object or respond within
the 15 days, and so we concluded that the voting TIC's approved and the
abstaining TIC's were deemed to have approved of the eviction. 

 

... until just now, when the 1% TIC owner who had managed the place has
suddenly awakened and voiced an objection. 

 

The research has not been fruitful.  Please, can you offer any guidance on
the following: 

 

1.  Do we have authority to file suit pursuant to that approval of over
people holding over 50% of the undivided interest?

 

2.  If so, who is/are the Plaintiffs? These are 30+ individual owners, with
no fictitious name registration, corporation, or other easy nominee.

 

3.  Likewise, who are our clients?

 

4.  Assuming we can file, can we name all the TIC's as party Plaintiffs?
The 1% guy objects. What about just naming the actively consenting owners?
What does that do to any judgment?

 

Looking forward to your responses.

 

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building 

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:       954-962-3560

Email:   JMazor at Mazor.com

 

 

 

www.mailfiler.com [JRM-VN6BVE4]
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20111206/ef63858c/attachment.html>