|Re: Minimum standards for Membership||<– Date –> <– Thread –>|
|From: Fred H Olson (fholsoncohousing.org)|
|Date: Sat, 12 Feb 2011 04:29:34 -0800 (PST)|
David Clements evdavwes [at] aol.com is the author of the message below. It was posted by Fred, the Cohousing-L list manager <fholson [at] cohousing.org> after deleting quoted digest -------------------- FORWARDED MESSAGE FOLLOWS -------------------- Fran, FYI the below is from the bylaws of Westwood Cohousing. I am not a lawyer but refer below to what I think are legal realities. Please correct if I am wrong. In my opinion our bylaws could be improved. We have the right of first refusal if someone wants to sell their house. This is in the declaration. I think a stronger way to state the membership rules is that approval of a possible buyer is contingent on their meeting the requirements. If we fail to approve a potential buyer, they still can buy unless we find a substitute buyer within 30 days (very hard to do in this market). This right of first refusal is the only authority we have to select or screen owners. I have the impression that this sort of discrimination is legal, although discrimination on the basis of race, religion, gender, and other criteria mentioned in the Fair Housing Act is not legal. We have not set up our declaration properly to be able to insist that those who want to rent need to follow certain guidelines, such as getting approval and following the steps to membership noted above. Because restricting rentals is a restriction of the owner's rights, owners need to agree to this by putting it in the declaration. If they do not, any restrictions are voluntary and perhaps less effective. In our community some who rent their houses or have roommates have had the renter meet the "requirements for membership," but many have not, and we have had a number of renters who did not participate in the community. David Clements http://www.westwoodcohousing.com/policies.html Section 2. Membership: All adults shall confirm to the Association before joining that they have: a. Attended at least one community supper and one business meeting of the Association as an observer, b. Read the Cohousing Book, current edition, c. Read the Member Packet, d. Understand that their occupancy and use of a Lot is subject to the Declaration, Bylaws and these Rules and Regulations (of which they have been provided a copy), and e. Understand that Members of the Association, as defined below, shall have the right to vote as provided in the Declaration, the Bylaws and these Rules and Regulations; and that â??Membersâ?? shall be the residents of the Development eighteen years of age and older, living, or expecting to live, in the community three months or longer, and such other persons as are voted thereto by the Association. -------- Original message ------------------- I am a member of a group working to develop a cohousing community. We are looking for samples of formal requirements for member participation, e.g. requirements articulated in bylaws. Ideas under consideration include owner-occupancy, intent and capacity to participate in decision-making. intent and willingness to commit to a minimum level of hours to participate per month. I'd appreciate advice and copies of bylaws used. Thank you. Fran Lunney
- Minimum standards for Membership Fran Lunney, February 9 2011
- Re: Minimum standards for Membership evdavwes, February 14 2011
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