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Topic: Common ownership

	706.02(l)(2) Establishing Common Ownership - 700 Examination of Applications
		Common ownership requires that the person(s) or organization(s)/business entity(ies) own 100 percent of the subject matter and 100 percent of the claimed invention.
		The requirement for common ownership at the time the claimed invention was made is intended to preclude obtaining ownership of subject matter after the claimed invention was made in order to disqualify that subject matter as prior art against the claimed invention.
		In such cases, the examiner may explain why the accuracy of the representation is doubted, and require objective evidence of common ownership of, or the existence of an obligation to assign, the application being examined and the applied reference as of the date of invention of the application being examined.
	www.uspto.gov /web/offices/pac/mpep/documents/0700_706_02_l_2.htm (3051 words)

	Public Ownership and Common Ownership by Anton Pannekoek
		Common ownership is the right of disposal by the workers themselves; the working class itself — taken in the widest sense of all that partake in really productive work, including employees, farmers, scientists — is direct master of the production apparatus, managing, directing, and regulating the process of production which is, indeed, their common work.
		Common ownership of the workers implies, first, that the entirety of producers is master of the means of production and works them in a well planned system of social production.
		Common ownership demands common management of the work as well as common productive activity; it can only be realized if all the workers take part in this self-management of what is the basis and content of social life; and if they go to create the organs that unite their separate wills into one common action.
	www.marxists.org /archive/pannekoe/1947/public-ownership.htm (1188 words)

	What is ommon Ownership? and Cooking the Books 1
		With common ownership no one is excluded from the possibility of controlling or benefiting from the use of the means of production, so that with reference to them the concept of property in the sense of exclusive possession is meaningless: no one is excluded, there are no non-owners.
		The use of the term “common ownership” to refer to the basic social relationship of the alternative society to capitalism is not to be taken to imply therefore that common ownership of the means of production could exist without democratic control.
		Common ownership is not to be confused with state ownership, since an organ of coercion, or state, has no place in socialism.
	www.worldsocialism.org /spgb/apr05/whatiscommonownership.html (1789 words)

	Socialist Party of Great Britain - Object and Declaration of Principles
		The establishment of a system of society based upon the common ownership and democratic control of the means and instruments for producing and distributing wealth by and in the interest of the whole community.
		Common ownership means that society as a whole owns the means and instruments for distributing wealth.
		State ownership is merely the ownership by the capitalist class as a whole, instead of by individual capitalists, and the government then runs the state enterprises to serve the capitalist class.
	www.worldsocialism.org /spgb/gbodop.html (2141 words)

	CHAPTER 828* COMMON INTEREST OWNERSHIP ACT
		"Ownership of a unit" does not include the interest which a resident holds in a mutual housing association, as defined in subsection (b) of section 8-214f, by virtue of either a state contract for financial assistance or an individual occupancy agreement.
		A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
		The declaration shall be recorded in every town in which any portion of the common interest community is located and shall be indexed in the grantee's index in the name of the common interest community and the association and in the grantor's index in the name of each person executing the declaration.
	www.cga.ct.gov /2005/pub/Chap828.htm (8759 words)

	Colorado Common Interest Ownership Act (Site not responding. Last check: 2007-10-29)
		A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
		For the purposes of acquisition of a part of the common elements other than the limited common elements under this subsection (3), service of process on the association shall constitute sufficient notice to all unit owners, and service of process on each individual unit owner shall not be necessary.
		A description of a unit may set forth the name of the common interest community, the recording data for the declaration, the county in which the common interest community is located, and the identifying number of the unit.
	www.dora.state.co.us /real-estate/manual/ch04sub/ch04colo.htm (7502 words)

	FEMA: Condominium Buildings and Other Common Ownership Entities
		Boards of Directors of condominium associations typically are responsible under their by-laws for maintaining all forms of property insurance necessary to protect the common property of the association against all hazards to which that property is exposed for either the insurable value (replacement cost) of those common building elements.
		A key feature of the condominium insurance format is the separate ownership and mortgaging of the individual units, yet the insuring of the building, as a whole, is with a policy issued to the association only.
		Because the RCBAP provides flood insurance coverage protection for both the individual units and the common elements of the building, the security interests of individual unit owners and mortgagees should be protected, so long as the amounts reflect insurance to value, as with other forms of property insurance.
	www.fema.gov /plan/prevent/floodins/condo_time.shtm (3043 words)

	TITLE 34: CHAPTER 20 - CONDOMINIUM OWNERSHIP (Site not responding. Last check: 2007-10-29)
		Whether created before or after the date of this article [chapter] such ownership shall be deemed to consist of a separate fee simple estate in an individual air space unit of a multi‑unit property together with an undivided fee simple interest in common elements.
		The separate estate of any condominium owner of an individual air space unit and his common ownership of such common elements as are appurtenant to his individual air space unit by the terms of the recorded declaration shall be inseparable for any period of condominium ownership that is prescribed by the said recorded declaration.
		The valuation of the general and limited common elements shall be assessed proportionately upon the individual air space unit in the manner provided in the declaration.
	legisweb.state.wy.us /statutes/titles/title34/chapter20.htm (515 words)

	S2344
		Unit owners within a common interest community are responsible for maintaining their property according to established standards; voting in community elections and on other issues; paying association assessments and charges on time; and ensuring that those who reside in or visit their dwellings adhere to all rules and regulations.
		In a condominium, the common elements shall not be subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated shall be void.
		Subject to the provisions of the declaration and other provisions of law, boundaries between units and common elements may be relocated to incorporate common elements within a unit by an amendment to the declaration upon application to the association by the owner of the unit who proposes to relocate a boundary.
	www.njleg.state.nj.us /2004/Bills/S2500/2344_I1.HTM (9705 words)

	[No title]
		The definition of "common elements" (Section 1-103(4)), which is a very basic concept, has been amended to clarify that (a) the common elements may include easements, including easements for the benefit of unit owners and (b) real estate may be owned or leased by the association and not be subject to the declaration.
		The ownership interest of a cooperative unit owner is a composite interest, which consists of the owner's ownership interests in the association and his right to occupy a unit pursuant to a proprietary lease.
		Importantly, no separate tax bill on the common elements is to be rendered to the association or the unit owners collectively, even though, in the context of planned communities, the common elements owned by the association might be subject to taxation as a separately owned parcel of real estate, in the absence of this provision.
	www.law.upenn.edu /bll/ulc/fnact99/1990s/ucioa94.htm (14388 words)

	Tenancy in Common Questions and Answers -- Andy Sirkin, Attorney
		The ownership percentages are often used for the allocation of certain shared expenses, most frequently insurance and common area maintenance, but it is important to note that there is no legal requirement that any expense be allocated according to ownership percentage.
		The practice of selling tenancy in common shares one at a time is not only possible, it has become very common in recent years, and is used both by sellers who are interested in selling an entire property as quickly as possible, and by sellers who only wish to sell shares as rental tenants vacate.
		The most significant additional risks associated with tenancy in common ownership are (i) larger shared obligations such as property tax and (in some cases) group loans, (ii) greater complexity and cost in resale and refinancing, and (iii) reliance on an unrecorded co-ownership agreement.
	www.andysirkin.com /HTMLArticle.cfm?Article=1&Hit=1 (6249 words)

	HB480 - Uniform Common Interest Ownership Act - Farmer, Nancy (Site not responding. Last check: 2007-10-29)
		Cooperatives are defined as a common interest community which owns real estate as an association and members are entitled to exclusive possession of a unit by reason of an ownership interest in the association.
		Planned communities are common interest communities that are not condominiums or cooperatives, although a condominium or cooperative may be a part of a planned community.
		Current rules on ownership interests and associations, voting rights, common interest rights, distribution of proceeds, bylaws, security interests, priority of interests, merger and consolidation of communities, and management of communities are expanded to include all three types of common interest communities.
	www.house.state.mo.us /bills95/bills95/HB480.HTM (361 words)

	R. J. GULLO & CO., INC. (Tenant in Common Ownership Program)
		"Tenant In Common Ownership" means that the I.R.S. now allows through the use of a Real Estate Exchange, Taxpayers (Sellers) of income-producing property or investment-held property to dispose of their Relinquished Property and acquire as their Replacement Property, a percentage of ownership known as an undivided interest as Tenants In Common.
		This new form of ownership designed for the 21st Century, is a convenient way for an average Investor to own a management-free high quality "Real Estate Investment", without the headaches of property management.
		Our Tenant In Common Ownership programs typically are structured with as few as five owners and as many as thirty-five owners depending on the property.
	www.rjgullo.com /tenant_in_common.html (948 words)

	DMV: Definition of Joint or Common Ownership
		Joint ownership is identified by use of the conjunction or.
		Common ownership is characterized by the lack of the right of survivorship.
		Common ownership is identified by use of the conjunction and.
	www.ct.gov /dmv/cwp/view.asp?a=816&Q=244694&dmvPNavCtr=\| (235 words)

	Tenancy in Common Ownership
		TICs had existed in common law for hundreds of years and were part of State law and a very widespread and useful method of ownership.
		The extra risk of TIC ownership arises because the local governments such as San Francisco are trying to limit them (without much success) and also because the owner group is collectively responsible for all obligations of ownership.
		It is common for the person who first creates the TIC to continue in the structure, retaining an apartment or two but it is not necessary so long as the structure created is well conceived with an excellent agreement executed by all the new owners.
	www.stimmel-law.com /articles/Tenancy_in_Common.html (4718 words)

	Nevada Revised Statutes: Chapter 116
		NRS 116.3115 Assessments for common expenses; funding of adequate reserves; collection of interest on past due assessments; calculation of assessments for particular types of common expenses; notice of meetings regarding assessments for capital improvements.
		“Limited common element” means a portion of the common elements allocated by the declaration or by operation of subsection 2 or 4 of NRS 116.2102 for the exclusive use of one or more but fewer than all of the units.
		Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.
	www.leg.state.nv.us /NRS/NRS-116.html (8559 words)

	Company reconstructions: common ownership
		ICTA88/S343 (1) defines a test of common ownership between the predecessor and successor companies in terms of ownership of the transferred trade.
		The requisite degree of common ownership is 75 per cent.
		The common ownership test is defined in terms of a trade.
	www.hmrc.gov.uk /manuals/ct123manual/ct601.htm (300 words)

	Tenants in Common Ownership as an Estate Planning Tool, NF96-294
		Tenants in common is a way of sharing ownership of property among two or more persons in which each tenant holds an undivided interest in the property, and the tenants may own interests of differing sizes.
		Upon the death of a tenant in common, his or her interest in the property passes through inheritance as directed in the will or other estate planning documentation and does not divide among the other owners as there is no right of survivorship — an important difference from joint tenancy ownership.
		If one family member is manager of the family business and the business property is placed in tenants in common ownership through an estate settlement, the desire of other heirs to liquidate their respective interests in the common property may create severe financial problems for the manager and the business unit.
	ianrpubs.unl.edu /homemgt/nf294.htm (1264 words)

	Ownership and Freedom (Site not responding. Last check: 2007-10-29)
		Actually, when one tries to imagine a mechanism or system to permit the operation of a privately owned newspaper in an economy of common (governmental) ownership, he invariably visualizes some form of a market economy wherein individual owners determine what is to be printed and how it will be distributed.
		Nor does "who's on top" make any difference whatever; for as long as the "common ownership" arrangement continues, the press must necessarily reflect the "in common" policies of the nation, whatever they may be.
		Since this issue of pollution is clearly and necessarily an "in common" problem under any economic system, it must be solved through the "in common" government -whether it be a dictatorship or a democracy.
	www.libertyhaven.com /theoreticalorphilosophicalissues/libertarianism/ownership.html (1540 words)

	DD 10/10 Common Ownership Voids Adverse Possession (Site not responding. Last check: 2007-10-29)
		The Colorado Supreme Court held that the period of common ownership eliminated any adverse possession claim and cancelled any impact the fence had as an external boundary.
		The court noted that this decision was justified in part by the doctrine of merger as it applies to easements, and therefore, the common ownership, regardless of owner's intent or other issues, served to automatically extinguish the legal meaning of the fence.
		The probable intent of the parties to the deed from the common grantor was to transfer according to the boundaries marked by the fence.
	dirt.umkc.edu /dd101096.htm (637 words)

	FCC's Review of Broadcast Ownership Rules
		The newspaper/broadcast cross-ownership rule prohibits common ownership of a full-service broadcast station and a daily newspaper when the broadcast station’s service contour encompasses the newspaper’s city of publication.
		When the FCC first adopted national ownership restrictions for television broadcast stations in 1941, it put numerical limits on the number of stations that could be commonly-owned.
		The FCC’s decision in 2000 to retain a national television ownership limit was challenged by Fox Television Stations in the U.S. Court of Appeals for the D.C. Circuit.
	www.fcc.gov /cgb/consumerfacts/reviewrules.html (514 words)

	WV Law on Homeowner Associations
		The declaration must be recorded in every county in which any portion of the common interest community is located and must be indexed in the grantee's index in the name of the common interest community and the association and in the grantor's index in the name of each person executing the declaration.
		The amendment must describe any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by section 2-108 (Limited common elements).
		The amount of the payment must be proportionate to the ratio which that unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien.
	www.homeowning.homestead.com /files/wvhoa.htm (16167 words)

	Common Ownership Problems with 1031 Exchanges
		One common ownership problem is that owners often don’t know how they hold title to the property.
		Another common ownership problem arises when an investment property is owned by a partnership, an LLC or corporation.
		If the entity is dissolved before the exchange, the IRS could argue that the property was not held by the former partners, members or shareholders, since it was held in their name for only a few days from the time it was distributed to them.
	www.sbohexchange.com /P31.cfm (323 words)

	Bryan defends media common ownership
		Stewart Bryan III, chairman and CEO of Media General, defended the FCC's decisions to allow common ownership of a newspaper and television station in many U.S. markets during an address Oct. 14 in Lee Chapel.
		The most sweeping change was a direction to the Federal Communications Commission (the FCC) to examine its media ownership regulations every two years with a prejudice in favor of deregulation unless the public interest clearly demanded the opposite.
		Also the television networks asked the FCC to remove the ownership cap on the number of TV stations they could own and operate which then stood at a maximum of 35 percent of the nation’s households.
	journalism.wlu.edu /faculty/bryanspeech.htm (2743 words)

	Duncan Seeks Applicants for Commission on Common Ownership Communities (Site not responding. Last check: 2007-10-29)
		County Executive Douglas M. Duncan is seeking applicants to fill six vacancies on the Commission on Common Ownership Communities.
		Two vacancies are for residents of a self-managed or professionally-managed common ownership community (including condominiums, cooperatives and homeowner associations); two vacancies are for professional representatives (attorneys, property managers, investment owners) and two vacancies are for real estate sales or developer representatives.
		The 15-member commission advises the County Executive and County Council on ways to handle common ownership of property in communities; promote public awareness of the rights and obligations of living in common ownership communities; eliminate disputes; and maintain property values and quality of life in community associations.
	www.montgomerycountymd.gov /mc/news/press/99-303.html (273 words)

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