|Re: Nonresident owners?||<– Date –> <– Thread –>|
|From: Michael Barrett (mbarretttoast.net)|
|Date: Sun, 20 Mar 2011 21:34:45 -0700 (PDT)|
Our original bylaws were written saying that our consensus decisions were to be made by people present at the meeting. After having decisions contested by a non-resident owner by "proxy", we learned of the insufficiency of our bylaws. Proxy wasn't even mentioned, and an attorney advised us that "present" needed to be clearly defined as it could be interpreted in different ways (for example: electronic presence). We revised the bylaws (laboriously and with an attorney's advice and review), proposed them, and predictably had consensus blocked (remotely by the non-resident owner). Then _very carefully_ (to avoid a legal challenge) we went through our post-block process - which includes a possible override vote with an 85% majority required. For the first time ever (I think) the override vote was used and the bylaws were changed. (Although not required, every household voted). "Present" is now defined in "Definitions" in the bylaws as meaning physically present in the room. The bylaws now also say no electronic representation is allowed and no proxies are allowed. Non resident owners are permitted to submit limited written material to be read at the meeting, with that to be included in the minutes. Non residents can also always seek support from resident owners.
Michael Shadowlake Village, Blacksburg, Virginia On 3/20/2011 9:33 PM, Marty Roberts wrote:
Does anyone have a policy for dealing with decision input from persons who own a house in your community but don't live there? We have an owner who lives the majority of the time in another county. We're not sure how to respond when she disagrees with an activity proposed by someone who does live here full time and does participate fully in our community. Marty Roberts, Posting for a neighbor here at Two Acre Wood in Sebastopol, CA _________________________________________________________________ Cohousing-L mailing list -- Unsubscribe, archives and other info at: http://www.cohousing.org/cohousing-L/
Nonresident owners? Marty Roberts, March 20 2011
- Re: Nonresident owners? Elizabeth Magill, March 20 2011
- Re: Nonresident owners? Michael Barrett, March 20 2011
- Re: Nonresident owners? evdavwes, March 21 2011
Results generated by Tiger Technologies Web hosting using MHonArc.