Re: right of first refusal
From: David Heimann (
Date: Sat, 14 Aug 2010 09:25:05 -0700 (PDT)


I checked the Master Deed at Jamaica Plain Cohousing for the right of first refusal language. We do have language against using the ROFR for discriminatory purposes. There's also language specifically mentioning Fannie Mae and Freddie Mac and their requirements, as well as provisions allowing foreclosure proceedings to trump the ROFR.

In any event, we had no problems with respect to ROFR in obtaining mortgages for our 2005 move-in, nor have had any such problems for our four resales since then, one of which took place as late as this year.

David Heimann
JP Cohousing

Date: Wed, 4 Aug 2010 23:38:25 -0400
From: "Mabel Liang" <mabel [at]>
Subject: Re: [C-L]_ right of first refusal
To: "Cohousing-L" <cohousing-l [at]>
        <4286ebf87adc145062a5fdbf56f6c0e0.squirrel [at]>
Content-Type: text/plain;charset=iso-8859-1

Here at Cornerstone Village Cohousing, Cambridge, MA
, some folks have recently refinanced without any trouble.  And we do have
a right of first refusal in our documents.

Our Master Deed includes language (see below) which means that the right
of first refusal does not apply in the case of a foreclosure, etc.  I
don't know if that makes banks more comfortable.  The entire Master Deed
is at our web site, for anyone who wants to peruse it.

In addition, we have language which says "1.       the right to purchase is
exercisable only as a means of insuring owner-occupancy of the Unit that
is being sold, or for some other valid purpose that serves the best
interest of the Association and its members;" plus "Moreover, such right
shall not be exercised so as to restrict alienation, conveyance, sale,
leasing, purchase, ownership or occupancy of units because of race, creed,
color, national origin, sex, age or sexual preference."

Also, we have the right to assign our right to purchase, so in practice we
would most likely have someone on our waiting list purchase the unit as
opposed to the Association doing so.

My interpretation of our current policy does not allow a bidding war once
the owner has agreed on a price and conditions.  There are those who
either disagree or think it should be changed, saying that that's not how
real estate deals work.  I include our current policy below, as well.


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