|Changing C.C and R's. (Was How do You do it?)||<– Date –> <– Thread –>|
|From: Joani Blank (joaniswansway.com)|
|Date: Thu, 7 Dec 2000 02:38:32 -0700 (MST)|
I'm not a lawyer or any kind of real estate professional, but it seems to me that with this--or any other similar provision of the CC and Rs, (except perhaps the requirement of written notice of certain kinds of events)-- the Board (which in cohousing is usually everyone in the community) should be able to simply waive the requirement for "written prior approval," and can authorize a committee or, for that matter, an individual, to do anything it wants to with whatever level of group approval it wants. In the case of landscaping for instance, you may want not want to allow a resident to plant oleander or some other poisonous plant in the "private" front or back yard, or pour a concrete slab where there is now dirt, so you might require people messing with their private space to get approval from a landscape committee. Or have the landscape committee come up with a policy for the whole group about what is and isn't okay, after the Board has authorized them to do so. Do not, if at all possible try and change the CC and R's. Bylaws are a little easier to change and House Rules should be very easy to change. But you may not need to change any of these. I expect yours is not the only group to end up with boiler plate C C and Rs. Yours may say, for instance, that Board decisions are made by majority or 2/3 vote. But you probably make decisions by consensus and don't have votes. Tsk, tsk, you might be contravening your CC and Rs. I say, respect, but don't be scared of your C C and Rs. If there is an attorney out there who thinks I'm giving out bad or risky advice, let him or her speak now. Joani Blank (who admits to never carefully reading the CC and Rs at either community she has lived in.) Old Oakland Cohousing at Swan's Market (that's our whole official name)
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