The Shared Ownership Contract serves as a foundational document for parties entering into joint property ownership arrangements in Switzerland. This contract type is essential when two or more parties wish to share ownership of real estate, whether for residential or commercial purposes. It must comply with the Swiss Civil Code (ZGB), particularly Articles 646-651 regarding co-ownership (Miteigentum) and Articles 712a-712t for condominium ownership (Stockwerkeigentum) where applicable. The document is crucial for establishing clear governance structures, defining ownership shares, outlining maintenance responsibilities, and setting procedures for decision-making and dispute resolution. It should be prepared with consideration of both federal and cantonal requirements, and typically requires notarization for land registry purposes.
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1. Parties: Identification and details of all co-owners, including full names, addresses, and any other relevant contact information
2. Background: Context of the shared ownership arrangement, including property description and circumstances leading to the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including address, land registry details, and exact specifications
5. Ownership Shares: Specification of each owner's percentage share and associated rights
6. Financial Obligations: Distribution of costs, maintenance expenses, taxes, and other financial responsibilities
7. Use and Management: Rules governing the use, management, and administration of the shared property
8. Decision Making: Procedures for making decisions regarding the property, including voting rights and required majorities
9. Maintenance and Repairs: Responsibilities and procedures for property maintenance and repairs
10. Transfer of Shares: Rules and procedures for selling or transferring ownership shares
11. Dispute Resolution: Procedures for resolving conflicts between co-owners
12. Governing Law: Confirmation of Swiss law application and jurisdiction
13. Term and Termination: Duration of the agreement and conditions for termination
14. Signatures: Execution section for all parties' signatures and notarization requirements
1. Right of First Refusal: Provisions giving existing co-owners priority rights to purchase shares being sold
2. Rental Arrangements: Rules for renting out the property or individual portions, if permitted
3. Insurance Requirements: Specific insurance obligations beyond standard requirements
4. Property Manager: Appointment and duties of a professional property manager
5. Special Use Rights: Exclusive use rights for specific areas or facilities
6. Mortgage Provisions: Specific provisions if the property is mortgaged
7. Business Use: Special provisions for commercial use of the property
8. Pets and Animals: Rules regarding keeping pets or animals on the property
9. Environmental Provisions: Special environmental responsibilities or restrictions
1. Property Details: Detailed technical description of the property, including plans and specifications
2. Land Registry Extract: Official extract from the land registry (Grundbuch)
3. Financial Schedule: Detailed breakdown of financial contributions and cost allocation
4. House Rules: Detailed rules for the day-to-day use and management of the property
5. Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities
6. Insurance Certificates: Copies of relevant insurance policies
7. Property Valuation: Professional valuation report of the property
8. Building Plans: Architectural plans and drawings of the property
9. Previous Agreements: Copies of any existing or previous agreements affecting the property
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