RE: help with HOAs and CC&Rs
From: David Heimann (heimannworld.std.com)
Date: Sun, 26 Feb 2006 13:31:02 -0800 (PST)
Hello,
        See comments at ***.

Regards,
David Heimann
JP Cohousing


Date: Fri, 24 Feb 2006 10:07:05 -0800
From: "Rob Sandelin" <floriferous [at] msn.com>
Subject: RE: [C-L]_ help with HOAs and CC&Rs
To: "'Cohousing-L'" <cohousing-l [at] cohousing.org>
Message-ID: <BAY0-SMTP02D01C80BD615B63296817A3F30 [at] phx.gbl>
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Most CC&R's are designed from a boilerplate format which has already been
approved by bankers. You do not want this document to be unsatisfactory to
the lending institutions which will provide mortgages based on it. You do
not have to invent this document, or create it, a competent attorney will do
that for you.

*** Or use one from another cohousing community in your state, which is what we did at JP Cohousing. If there's no other cohousing community in your state, you can use a boilerplate form from your state's Communities Association (an association of condominium assocations). Be sure to use material from your own state, since condo (and coop) laws vary from state to state.


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 is the
legal framework that defines ownership. If you deviate from the standard
document your changes should be reviewed by the attorneys banking
connections and this will add to your legal bill.  I recall some group in
the past did not like all the "legal language" in their CC&R's and spent
hours rewriting it. Their attorney charged by the hour and was unscrupulous
in not advising them of their folly and so they ending up spending thousands
and thousands of dollars in legal time only to not be able to attract any
lenders because their document was so non-standard. After spending way too
much money, in the end they ended up adopting a boiler plate CC&R's, by that
time the not-so-smart folks in their group who had spearheaded this
silliness had dropped out of the group because of.....high legal fees....


Rob Sandelin
Naturalist, Writer
The Environmental Science School
http://www.nonprofitpages.com/nica/SVE.htm
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