Re: CC&Rs and other docs, Board powers?
From: Lynn Nadeau (welcomeolympus.net)
Date: Wed, 13 Feb 2008 17:36:20 -0800 (PST)
RoseWind Cohousing is neither condo nor coop. We are a mutual benefit nonprofit (very general, not a 501c3) with a homeowners association. Readers of the list will note that, beyond the legal minimum necessities of your legal structure in your state, there are MANY ways to organize things. We have
Articles of Incorporation- a couple pages of boilerplate, doesn't change.
Bylaws
a Master Declaration also known as the CC&Rs
and Regulations.
Bylaws was once explained to me as HOW we govern, and CC&Rs WHAT we govern.
Therein are found our decision making process, dispute resolution process, quorum requirements, powers of the organization, etc. Amending those documents requires more notification and a greater quorum than other decisions. Regulations refers to two things- One, ANY duly adopted rule or policy or decision of the community. Two, a printed document in which we have collected the most important ones of those, things like our Values, our Goals, Pet Policy, Rules about use of the Commons, etc. All these documents are printed on pastel papers and 3 hole punched, and each member has a simple paper binder into which they are clipped. ("It's in your yellow document binder..."). They are also available to members on line.
We have no "Board" with powers. The whole Membership constitutes the Board.
As required by State law, we do have a nominal President and VP. They can sign for the organization but only when instructed to do so by consensus, so they are just figureheads. Our Secretary and Treasurer are real jobs. Who can sign for what banking transactions is up to our Finance Committee. We do have a 5 member Steering Committee, rotating 2 or 3 each year, on 2 year terms. They meet twice a month and with Facilitation control our meeting agendas. Steering has some ability to address urgent matters, but mainly they serve at the direction of the group. This whole set up has worked quite well for us for many years.

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