Cohousing-L Mailing List: Re: Nonresident owners?

[Michael Barrett (mbarrett]

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
>
>
>
>
>
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