Re: Criteria for membership (was Screening backgrounds)
From: Bitner/Stevenson (lilbertearthlink.net)
Date: Sun, 21 Nov 1999 20:05:50 -0700 (MST)
There is some disagreement here as to what we are discussing. I know that 
the rules for a community that is not yet actually selling houses are
different than for a house that is on the market, at least in California.
Many or even most cohousing homes that are "for sale" are not listed with a
realtor, and are therefore not "on the market" for purposes of
discrimination determination. Therefore, you can sell to anyone you like or
not, as the case may be. Others have said that in their states, they can be
sued for discrimination even if the house is not listed with a realtor. It
remains to be seen whether or not those who could sue would actually win,
even in Washington.

In any case, it would be wise to see what the laws are in your location.
States are given jurisdiction over any area that is not given expressly to
the federal government, according to the Constitution. This means that laws
here in the U.S.of A are very different from state to state, even traffic
laws! My husband was astonished when he first found this out.

Liz Stevenson
Southside Park Cohousing
Sacramento, CA
----------
>From: "Unnat" <Zen [at] iinet.net.au>
>To: Multiple recipients of list <cohousing-l [at] freedom2.mtn.org>
>Subject: Re: Criteria for membership (was Screening backgrounds)
>Date: Sun, Nov 21, 1999, 10:29 PM
>

> As I'm not so familiar with the details of consraints etc in USA I'm
> curious;
>
> As special interest groups - ie cohousing/intentional criteria - don't
> you have the right to set criteria for 'membership' based on clear
> objectives?  That is, does House For Sale provide the criteria and
> that's why the discrimmination thing arises?  OR are people invited to
> become members of the association or other entity, the houses being a
> vehicle towards enjoying membership.  eg, I can join a sports
> association but I can't enjoy it to the fullest unless I obtain the
> necessary gear; membership may give me access to equipment and suitable
> venue.
>
> Pinakarri is a not for profit, incorporated association with a
> constitution, objectives, values etc.  People become members according
> to criteria.  This is ideally a process of self-selection, ie why become
> a member of something that doesn't ring your bells.  Our housing is
> available to members of the association.  Not all members choose too
> live in the community's houses.  We've always assumed that this is OK.
>
> Hmmmm?!?!  I better go and do some homework on this stuff myself.
> Thanks for raising the issues.
>
> Regards
> Robyn Williams
> Pinakarri Community
> Fremantle, Western Australia
>
>
> 

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