|RE: Provision for Exclusion||<– Date –> <– Thread –>|
|From: Rob Sandelin (Floriferousclassic.msn.com)|
|Date: Mon, 4 May 1998 21:21:25 -0500|
If you want to have control over membership, them my advice is to setup you community as a cooperative rather than a condominium. Cooperative legal structures vary from place to place (check your state rules) but most have broad latitude in allowing restrictions on membership. The drawback to cooperatives, is that in many areas, it more difficult to get bank financing (usually done as a group mortgage rather than individual mortgages. The other drawback is that you are jointly liable, which mean if one person doesn't pay their share, the other members have to pay it for them. As far as removing members goes, check with an attorney in your state to get the best advice, and then draw up your removal conditions based on that advice. I know for Coops in WA, members can be removed although there is a process that has to be followed, including a legally recogized mediator, when the captial investment is over a certain dollar amount. Rob Sandelin Forming Cedar Village Coop ---------- From: cohousing-l [at] freedom.mtn.org on behalf of Nigel Nathan Sent: Monday, May 04, 1998 11:04 AM Subject: Provision for Exclusion As our Amadea CoHousing project is fast approaching reality, it is time for me to come out of the lurkers closet. The trigger for this is a question from one of our members about something we hope will never happen but against which we feel we need to be prepared. We are setting up as a company limited by guarantee which will own the freeehold of our property and the members will purchase the leasehold of their unit and share of the commonhouse in what will be one integrated structure. Exclusion is not something to which we subscribe but it is possible to envision circumstances - and I have heard horror stories of such happenings - in which it is no longer appropriate or desirable for an individual or family to be part of the community. Instances could be an individual becoming long-term psychotic, growing (teenage?) children becoming unmanageable and disruptive. If the individual(s) are in denial about their behaviour it could well be beyond the capacity of the community to mediate. i.e. "Neighbours from Hell" What contingencies/mechanisms could be built into the constitution and/or leases to force the sale of a member's unit and the consequent separation of the individual(s) from the community and how could the circumstances under which this would happen be clearly defined? Does anyone have experience of such an instance and/or contingency safeguards? Nigel Nathan Reply to: <AmadeaCoHous [at] gn.apc.org> WebPage: "Community Living" at http:/www.ukonline.co.uk/bristol.goodwill/ ========================================================================= Amadea CoHousing Project where we have acquired a 2.5 acre brownfield site in Silverton, Devon subject to planning permission for a 20 unit structure ========================================================================= c/o 40 The Crescent, Earley, READING, RG6 7NN, U.K. Tel: +44-(0)118-962-6882; Fax: +44-(0)118-966-8092 Nigel <nsquared [at] gn.apc.org> ======================== Nigel Nathan 40 The Crescent Earley READING RG6 7NN U.K. Tel: +44-(0)118-962-6882 Fax: +44-(0)118-966-8092 ========================
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