|Re: need help with learning legal issues in uses of common land||<– Date –> <– Thread –>|
|From: Lynn Nadeau (welcomeolympus.net)|
|Date: Tue, 22 Sep 1998 09:39:02 -0500|
Rights and responsibilities regarding common land and facilities are spelled out in our CC&Rs (Conditions, Covenants, and Restrictions), which, along with the Bylaws are inherently attached to all deeds of ownership of RoseWind Cohousing lots. So even if you win a lot in a poker game, or inherit it, as the legal owner you are bound by the rules. Once it is determined what your legal structure is -- we for example are neither coop nor condo, but a "miscellaneous mutual-benefit non-profit corporation" with a Homeowners Association-- then you need to get your basic documents in order. Bylaws, in general, describe HOW you govern --- your decision making process, quorum, proxy, notification, etc, and the CC&Rs are more about WHAT you govern. So that's where, for example, you note what the really basic rules are (not the evolving policies about pets and meals--- just stuff that you want it to be more difficult to change, once set) . This might include the idea that the buck stops with the lot owners --- any damage to commons by a renter, guest, etc is the ultimate responsibility of the owner. Might say that you can't build unattended fires, use lawn chemicals, or park vehicles on the commons, or what you can only do if you have permission. The CC&Rs might define an architectural review process if someone wants to build a porch or shed or fence, or might say you can't do anything that. You can find model documents (including ours) on-line, through some of the cohousing websites. Also check locally for retirement communities, gated communites, etc and see if you can get your hands on a copy of their Covenants etc. Most are more restrictive than you would want, but it's a lot easier to slash out things you don't care about, than to do it all from scratch. There will be chunks of legal boilerplate that you have no idea what mean, nor if they are necessary or relevant. That's where you take your list of questions to a real estate lawyer. In our documents, we noted that unsold lots, like unopened pieces of street right-of-way, were subject to the same policies as RoseWind common lands. We did a Planned Unit Development with the City, so our contract for that defines our lats, but also our commons --- into the future, no homes can be built where we have defined it as commons, without a whole re-draw of the PUD. The various things we agreed to in the PUD Agreement with the City are also attached to all deeds in the community. As for underground stuff, when they install infrastructure, ask your contractor for an "as-built" map of where what is actually located,rather than just the plans they started with, as sometimes in the field, decisions are made to modify the plan, due to terrain and such. Physical markers on the surface are useful, also. I hope this and other replies will get you on a useful path. Good luck. Lynn Nadeau, RoseWind Cohousing, Port Townsend WA
need help with learning legal issues in uses of common land Dahako, September 21 1998
- Re: need help with learning legal issues in uses of common land Lynn Nadeau, September 22 1998
- RE: need help with learning legal issues in uses of common land Rob Sandelin, October 26 1998
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