Legality of membership agreements. Is it discriminatory?
From: Mike Mariano (
Date: Tue, 13 Mar 2018 11:05:42 -0700 (PDT)
"We were thinking of having prospective buyers sign a statement something like 
"I have read the member handbook and will support the requirements of living in 
this cohousing commnity."  However, a realtor in our midst says, " Just so you 
all know, it is illegal to have potential buyer's sign anything in the state of 
TN because it looks discriminatory. As a realtor, it is actually illegal for me 
to discriminate- it is clearly stated in our rules. I know we wish for like 
minded people to be in our community but as Realtors, we are not allowed to 
turn down an offer based upon some of things you have listed above since this 
isn't a Co-Op."

We are a resident-owned and occupied apartment building in Seattle, Washington 
where all households have a total of 100% equity ownership in the company that 
owns the building in which they rent their home. Our construction and take-out 
bank lender specifically had us each sign a document indicating that the 
participation and process described in our cohousing documentation would never 
be a prerequisite for selection of a tenant.

We simply keep all of that cohousing/community-specific documentation separate 
from our LLC Operating Agreement, and hope that future resident(s) will 
self-select after attending "suggested" business meetings and meals.

Mike Mariano

...where it was an unseasonably warm 70-degrees in Seattle yesterday, and we're 
anxiously trying to get our general contractor to finish the warranty roof 
repair so that we can plant our rooftop garden again.

michael mariano aia | schemata workshop, inc.
principal & architect
1720 12th avenue
seattle wa 98122
d 206 743 9431   c 206.419.9122<>

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