Re: Policy Committee & Condo law and Cohousing?
From: Bob Leigh (bobleightwomeeps.com)
Date: Mon, 15 Jul 2019 12:50:20 -0700 (PDT)
Phil Dowds wrote:

>> we are currently having some difficulty with FNMA, FHA, etc, over some
provisions in the bylaws,
>> like rules for rental, right of first refusal in sales transactions,

More specifically, a unit owner is investigating reverse mortgages, and her
mortgage broker advised her that, for most reverse mortgages, the community
must be FHA-approved.  A company named FHA Review, Inc. advised her that
the FHA would not accept our condo documents due to the presence of a right
of first refusal and due to a statement that the Managing Board must
approve rentals.

That's not quite the same as having difficulty with the FHA itself -- but
that's probably a minor point.

  ----
Bob Leigh
Cornerstone Village Cohousing
Cambridge, MA, USA


On Mon, Jul 15, 2019 at 3:39 PM R Philip Dowds via Cohousing-L <
cohousing-l [at] cohousing.org> wrote:

> In Massachusetts, Cornerstone is organized under conventional Chapter 183A
> condo law.  Thus the requisite Managing Board (an elected team or circle)
> has the overall power and duty for day-to-day management of the condo.  The
> ultimate authority, however, is the Association itself, which, acting as
> plenary, can supersede or replace the Board.  (An Association rising up to
> contradict its elected Board is a rare event, but not unheard of.)
>
> But and however, the Association and the Board are free to delegate
> substantial power and duty to other groups:  committees, circles, teams,
> whatever.  And this is what we do.  By this method, we honor the cohousing
> traditions of self-management, broad participation, equivalence, and
> distribution of power — while at the same time, remaining aligned with
> State enabling legislation.  Much of this delegation happens in the next
> layer down below the bylaws — that is, in the policies (“rules and
> regulations”) adopted by plenary.  Our plenary consensus process is
> embedded and articulated in our bylaws, but we were advised by our attorney
> that the Association has broad discretion in defining how it makes
> decisions.  Thus far, we’ve had no exogenous challenge of consensus
> procedures.  All this works in Mass; don’t know how it plays out in other
> States.
>
> Yes, we are currently having some difficulty with FNMA, FHA, etc, over
> some provisions in the bylaws, like rules for rental, right of first
> refusal in sales transactions, and so on.  But as it turns out, we don’t
> much like our own rules anyway, so we’re looking into re-writing them.
> Adjusting these details doesn’t seem to pose any threat to the principles
> of cohousing self-governance.
>
> Thanks,
> Philip Dowds
> Cornerstone Village Cohousing
> Cambridge, MA
>
> mobile: 617.460.4549
> email:   rpdowds [at] comcast.net
>
> > On Jul 15, 2019, at 2:05 PM, Ann Lehman <ann [at] zimmerman-lehman.com>
> wrote:
> >
> > Hi Folks,
> >
> > We at the national level would like to start a Legislative Policy
> Committee
> > and are encouraging all who are interested to join.  It won't be until
> the
> > Fall but please *let me know if you are interested.*  The focus (still
> > being formed) would be to highlight legislative successes, offer models
> for
> > others, and advocate for changes that encourage more cohousing.
> >
> > On that note, we had an interesting discussion at our PDX Plus meeting on
> > Saturday (July 13th).  It involved the sometimes unnatural hoops we jump
> > through to fit our bylaws into condo law.  I'm curious if anyone has
> tried
> > (or succeeded) in changing condo laws or any other housing law to not
> only
> > accommodate cohousing but to actually highlight it?
> >
> > Best,
> >
> > Annie
> >
> > *Ann Lehman
> > **Zimmerman Lehman
> > Board Governance Specialist
> > **https://zimmerman-lehman.com/ <https://zimmerman-lehman.com/>
> > **510.755.5701*
> >
> > *Yoga Instructor
> > Slow Yoga for Savvy Bodies
> > **https://zimmerman-lehman.com/slowyoga.htm
> > <https://zimmerman-lehman.com/slowyoga.htm>
> > *
> >
> > *CoHousing Association of U.S.
> > **https://www.cohousing.org/* <https://www.cohousing.org/>*
> > (Board member)*
> > _________________________________________________________________
> > Cohousing-L mailing list -- Unsubscribe, archives and other info at:
> > http://L.cohousing.org/info
> >
> >
> >
>
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