Re: Rental policies?
From: Raines Cohen (
Date: Mon, 14 Nov 2011 11:05:57 -0800 (PST)
Actually, this California law doesn't necessarily affect us (or most
other cohousing neighborhoods), really. Here's why:

All it does is add the requirement that new restrictions can't be
imposed as of next year without the agreement of the people
(condo-owners) being restricted.

> Beginning January 12, 2012, any new governing documents (e.g., CC&Rs, Bylaws 
> or Rules and
> Regulations) or any amendment to any of those documents that includes a 
> prohibition on rental or
> leasing will not apply to anyone who purchased before the date the governing 
> document and/or
> amendment was adopted or recorded unless that person consents to be bound.

Those last 7 words are the key - it doesn't prohibit setting limits on
renting, just says you need the consent of the members, not just an
elected board.

In other words, it mandates consensus!

It's actually not as strong as that, since you only need the consent
of the people renting out.

Since we already use consensus, we couldn't impose any restrictions
without the participation/consent of everybody anyways. Yes, in theory
the law could be an issue if we are unable to reach consensus and
pursue backup voting, but that's extremely rare.

So while it would be, I believe, fruitful to have these conversations,
we can pursue the full arc of discussion without the time pressure
that this deadline would force on us.

Raines Cohen, Cohousing Coach, East Bay Cohousing
at Berkeley (CA) Cohousing
   where none of our 14 homes are currently rented and there are
currently no limits on renting; for several years, one home was rented
out, with mixed results (challenges for both the renters and the
community) until the community participated in the process of finding
a renter and supported the homeowner in creating space for the tenant
(a "recycled cohouser" from another cohousing neighborhood) to
participate and flourish in community. Our last resale was eight years
ago; half of our founding members are still here after 17 years. We do
have a couple housemate room-renters who do participate in the

On Wed, Nov 9, 2011 at 1:40 AM, Marty Roberts <martyr [at]> wrote:
> We here at Two Acre Wood in Sebastopol are in the thick of a
> discussion about home rental policies and amending our CC&R's.  Many
> of you probably know about the law going into effect Jan. 1 that will
> not allow CC&R's to limit rentals if the don't already have this in
> their CC&R's.

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