renting common house to outsiders | <– Date –> <– Thread –> |
From: Karen Schwalbe (kschwalbewhrc.org) | |
Date: Mon, 13 Aug 2001 09:32:01 -0600 (MDT) |
We are started renting out part of our common space on a larger scale for the first time this summer. (Alchemy Farm, Falmouth, Massachusetts) Our common house was a pre-existing 6,000+ sq ft barn with a large (~900 sq ft?) auditorium. This auditorium space is being rented to a community member who is running, though not actually teaching in, a cooperative dance studio. Between our insurance company and our lawyers these are the issues we have or will be dealing with. Liability insurance - we have it, though it is more specifically for members using the common house as an extension of their homes than commercial public use. There are many shades of gray here. Study groups, dinners, small parties and our semi-public no-profit food buying club seem to fit in well here. Outside users, especially commercial use, do need to have their own liability insurance. In the dance studio situation we would be covered if someone slipped on the stairs before class, but would not be liable if the dancer were hurt in the class itself. If the teacher didn't have insurance there would be a problem. Our insurance company says it would provide the lawyer to say we (the neighborhood association) we not liable. There is a moral quandry, too, if there was injury that wasn't covered by someone's insurance. Zoning by-laws. Business use as an extension of a home business is okay too under this particular type of insurance. The fuzzy part of this is what is legal under the zoning by-laws. Our yoga teacher member who teaches in her home and the common house is fine. Her friend, who teaches in the common house on an occasional basis, needs her own liability insurance. The dance studio situation may need to be clarified by the building inspector. Our lawyer said the building inspector it is a 50/50 situation, and the extent of use will probably be the deciding factor. This is an issue because our insurance would not cover something that was an illegal activity on the site and violating the zoning by-law isn't legal. Then our individual assets are at risk. Occupancy permit for public use - We have an annual inspection by the town building department that makes sure safety issues like exit lights and fire extinguishers are okay. We also have the building dept. peeking over our shoulder once a year which keeps us honest <G>. My advice is to talk with your insurance agent and your lawyer and the building inspector only if absolutely necessary. This is how it is in Massachusetts; your mileage may vary. Price - sort of a four-tiered system. Member use/non-profit - free. Member use/for profit - 10% no minimum. Non-member use/non-profit - fuzzy here, but usually negotiates at $1/head. Could need liability insurance Non-member use/for profit - 20% with a $20 minimum for a four hour slot (i.e. AM, aft, or evening). Does need liability insurance. As an aside, we are still dealing with the impact on the community of the greater public use of the common spaces. There are problems - noise, parking, having to dealing with nosy strangers and corralling strange small children in our play spaces and yards. Impact tends to vary based on distance from the common house. My advice here is to go slow and make short term commitments to start. Karen Schwalbe Alchemy Farm Falmouth, MA > > We live in a town (Northampton MA) without a lot of rental space for large > meetings, dances, and other public events. Since our great room/dining > room is empty more often than not, we're considering making it > available at > a reasonable fee to nonprofit groups. Are any of you doing this? If so, > are you encountering any problems? How much do you charge? Learning of > your experience with this would be very helpful. Thanks. Julie Mazo, > Pathways Cohousing. >> _______________________________________________ Cohousing-L mailing list Cohousing-L [at] cohousing.org Unsubscribe and other info: http://www.communityforum.net/mailman/listinfo/cohousing-l
- Re: renting common house to outsiders, (continued)
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Re: renting common house to outsiders Michael D, August 10 2001
- Re: renting common house to outsiders Elizabeth Stevenson, August 10 2001
- Re: renting common house to outsiders Michael D, August 11 2001
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Re: renting common house to outsiders Michael D, August 10 2001
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