RE: Re: CC&Rs, bylaws, etc
From: Rob Sandelin (
Date: Sun, 26 Feb 2006 09:29:07 -0800 (PST)
Just to help clear this up. I have a copy of Rosewinds legal documents. They
are not a condo, thus they do not have CC&R's. I was referring specifically
to Condo CC&R's in my original post, not a blanket statement about all legal
documents.  I suspect the ecovillage she refers to is also not going to be a
condo, thus it will not have CC&R's either.  Many other forms of ownership
other than condo exist and have their own attendent legal documents. 

Rob Sandelin
Naturalist, Writer
The Environmental Science School
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-----Original Message-----
From: Lynn Nadeau [mailto:welcome [at]] 
Sent: Saturday, February 25, 2006 6:55 PM
To: cohousing-l [at]
Subject: [C-L]_ Re: CC&Rs, bylaws, etc

"Most CC&R's ... In fact, much of what is in this document will have no
connection to your day to day life as a community, and this is OK. ..." 

It's rare that I differ in opinion from Rob Sandelin, but here I do. In the
case of RoseWind, for example, if someone resells without going through the
community, as can happen, or if someone buys in without getting an adequate
sense of the community, then the only thing we KNOW they have in hand is our
legal documents which "run with the deed." We want there to be enough in our
Bylaws and CC&Rs to aid at least somewhat in the self selection/deselection

Our documents include matters that do affect how we deal with things, such
as decision making, conflict resolution, quorum, use of commons, and such. 

I don't want documents that say we do majority voting, for example, if we
don't. Or that our Board is a small group with lots of power, which it is

Right now I'm helping to craft the Bylaws for the new EcoVillage here. It's
a Cooperative. What HAS been useful is to take the documents of a group with
the same legal structure, in our state, which document was worked out with
professional legal advice, and use that as a template. Plus we've cut and
pasted some from RoseWind's documents, for additional items. 

By doing a lot of our own "homework", we can use expensive lawyer time
sparingly, asking questions like "Is it legal to say this?" "What's this
piece of boilerplate mean and do we need it?" "Are we forgetting anything?" 

We did that successfully at RoseWind, and the same process seems on track
for the EcoVillage. So, at least ask yourself if there would be any problems
if some future member held you to the letter of your legal documents. Also,
in hashing out what you want to regulate, and how, you are progressing in
understanding what you do and do not have in common as values, which has to
be useful, in the long run. 

Lynn at RoseWind Cohousing, Port Townsend WA ps Fine NICA gathering here
today with a dozen intentional communities from around the region- many
cohousers, but also reps from groups like the Emma Goldman Finishing School,
and the International Puppies ! Great to see people dating back years, and
meet the new folks.
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