|RE: Advice Requested on Co-Housing Condos||<– Date –> <– Thread –>|
|From: Rob Sandelin (floriferousmsn.com)|
|Date: Thu, 30 Jun 2005 12:24:56 -0700 (PDT)|
Most CC&R's are legal documents, designed for mortgage providers. They usually do not reflect your community agreements, e.g., what time is dinner, how do we do childcare for meetings, etc. This is usually allowed for within the CC&R's in a document called house agreements. Your day to day operational agreements are house agreements. Usually it is a bad idea to amend the CC&R's since in most cases you are supposed to notify ALL the mortgagees (Banks) and usually they have to agree to the modification (although you are in CA which has a bunch of unusual laws so your situation may be different). In our case we have a separate set of documents called the house rules which pertain to things we have agreed to as a community about how we want to live. In our state, mortgagees can ask for this document, but we are not obligated to provide it to them if they do not ask. Again your state rules will govern this kind of thing. In our CC&R's the house rules are an extension of the legal jurisdiction of the CC&R's and just as legally binding. This is part of what the Wall street journal once called the 4th branch of government. HOA rules, as long as they do not conflict with local, state or federal rules, have been absolutely upheld in hundreds of court cases. So, if you make a house rule that says all cats must wear pink booties, this house rule has the same legal standing as any law passed by a government. Scary. CA and NY have special governmental agencies that regulate and deal with HOA's largely because of the large amounts of lawsuits these house rules have generated over the years. In our CC&R's it is clearly stated that anybody who enters the property is subject to the rules of the association, whether they are guest, family, neighbor or owner. I think this is standard procedure thus any new owner is subject to the rules of the association. Of course, if they choose NOT to follow these rules you have a social problem. We are very clear to new owners, and give them copies of the house rules early on. Since we have some restrictions on pets for example, we want to make it clear to them before they buy. Legally in our state, before closing (10 days I think) the prospective buyer and mortgagee are entitled to the CC&R's and we also give the house rules to the buyer if we have not done so already. Getting people to follow your agreements is a whole other topic. Rob Sandelin Sharingwood Cohousing Snohomish Co, WA -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.323 / Virus Database: 267.8.8/35 - Release Date: 6/30/2005
Advice Requested on Co-Housing Condos Philip & Rosalie, June 30 2005
- RE: Advice Requested on Co-Housing Condos Rob Sandelin, June 30 2005
- Re: Advice Requested on Co-Housing Condos normangauss, June 30 2005
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