Re: Seeking sample condominium docs (Declaration, Bylaws, Rules and Regs)
From: Sharon Villines (sharonsharonvillines.com)
Date: Sat, 7 Mar 2015 07:00:19 -0800 (PST)
> On Mar 6, 2015, at 8:39 AM, Jessie Kome <jehako [at] me.com> wrote:
> 
> 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.

What our lawyer told us was is that the board should "ratify" the decision as 
having been made using the process stated in the Bylaws. So they are ratifying 
the process used, not making the decision. They would only overturn a decision 
if proper process was not used.

Sharon
----
Sharon Villines
Takoma Village Cohousing, Washington DC
http://www.takomavillage.org


> On Mar 6, 2015, at 9:05 AM, R Philip Dowds <rpdowds [at] comcast.net> wrote:
> 
> 
> 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."
>> 

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