Re: First right of refusal
From: Jed Stuart (jstuartnor.com.au)
Date: Sun, 28 Nov 1999 20:25:23 -0700 (MST)
Thanks to all for the clarification.

It would seem that having the waiting list may keep the withering away of
community at bay. I am wondering if it isn't possible to get something a
little stronger than that though. It seems rather up to chance. A
sympathetic buyer may be found or may not.

Couldn't a community put a covenant on all property requiring any sales to
be only to people who have been accepted by the community? I dont know much
about covenants yet but will find out what can be done here.

Jed Stuart
Mullumbimby Cohousing
NSW, Australia

p.s. Some of my best friends are a bit mad and they are usually welcome at
my home.



----- Original Message -----
From: <RowenaHC [at] cs.com>
To: <jstuart [at] nor.com.au>; <cohousing-L [at] freedom.mtn.org>
Sent: Friday, 26 November 1999 12:20 am
Subject: Re: First right of refusal


> First of all, something that is legal in the U.S. may not be in Australia
and
> vice versa - I say that as a lawyer who knows that the same applies from
> state to state in the U.S.  With that in mind, let me respond from the
U.S.
> point of view.
>
> Discrimination laws prohibit discrimination in sales or renting of units
to a
> limited group of people.  Typically one is prohibited from discriminating
> against people on the basis of race, nationality, religion (although there
> was a case in which strict Catholics were allowed to refuse to rent to
> unmarried couples), handicap, families with children, and in some places
> sexual orientation.  Beyond that, if you don't want to sell to
green-haired,
> three-handed people or white, married Protestants you don't have to!
>
> That being said, the right of first refusal is somewhat illusory unless
you
> have an active waiting list or a sugar daddy.   We have such a clause in
our
> Condo Bylaws which requires a seller to notify the association and give it
30
> days to either find a qualified buyer or make an offer on behalf of the
> Association.  After that, they are entitled to put the unit on the open
> market through a real estate agent.
>
> We just had our first resale.  None of the people on our witing list were
> willing to match the asking price (despite the reduction from not having
to
> pay an agent) but ironically, a real estate agent came up with a couple
who
> had just given up on their own Coho group and were ready to buy!
>
> As far as weeding out the crazies - I suspect it's hard to do.   We have a
> "friends" group, which pays $25 (I think) to get the newsletter and
> invitations to attend meals and meetings.   When people get serious they
are
> asked to attend some meetings and particpate in discussions.   This tends
to
> weed out the dilitantes!   Apart from that - you learn a little about
people
> in interviews and a lot from living with them for a few months.  Of
course,
> if you have a very small group you probably have to worry about misfits
more
> than a large group like ours.
>
> Rowena at
> Cambridge Coho
>
>

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