Cohousing-L Mailing List: Re: Seeking sample condominium docs (Declaration, Bylaws, Rules and Regs)

[R Philip Dowds (rpdowds]

Not sure I agree with this.  At Cornerstone, our State-mandated Managing Board, 
on advice of attorney, now reviews and approves all decisions made by consent 
at general meeting.  But … *obligate* them to *rubber-stamp* these decisions?  
This deprives the Board of its State-mandated autonomy, due diligence, and 
fiduciary duty.  I’m not convinced this is in fact legal, because in using 
consent, the Association is not making decisions pursuant to a State-endorsed 
process.

In practical consequence, none of this makes much difference.  At least, not 
until some disgruntled member decides to litigate a decision — which, at 
Cornerstone as at most cohos, strikes me as very unlikely.  Even so, I would 
not go on record, in writing, with a procedural requirement that’s inconsistent 
with State law.

RPD

> On Mar 6, 2015, at 8:39 AM, Jessie Kome <jehako [at] me.com> wrote:
> 
> Hi-
> 
> My personal opinion is to use the standard condo docs and add a paragraph 
> obligating the condo board to execute the consensus decisions of the 
> membership as a whole. Make it clear that the board may act on its own to 
> protect fiduciary interests of the association in the absence of direction 
> from the membership as a whole.
> 
> -Jessie Handforth Kome
> Eastern Village Cohousing
> Silver Spring, Maryland
> "Where the kids are bored and the parents are desperate. Time for spring."
> 
> Sent from my iPad