|Re: Policy Committee & Condo law and Cohousing?||<– Date –> <– Thread –>|
|From: R Philip Dowds (rphilipdowdsme.com)|
|Date: Tue, 16 Jul 2019 06:11:23 -0700 (PDT)|
Alan — Sounds like you’re following the same path as Cornerstone. I am not a lawyer, and not qualified to provide legal advice to anyone — especially not in states other than Massachusetts. Even so, I’ll remark that, in my view, most condo / HOA enabling legislation is dedicated to balancing the inviolable rights of property owners with the rights, m needs and common interests of the community association as a whole. For the latter, the buck must stop (or appear to stop) somewhere; typically, this is an elected Board. But beyond that, state enabling legislation is entirely indifferent to the essential goals of the cohousing lifeway: empathy, reciprocity, sharing, participation and equivalence. The instruments of this lifeway — the consensus process, circles and teams, common space and common meals, etc — are typically of no interest to state regulators, lenders, insurance agents, and so on. So long as the docs show adequate property and privacy protections, and a Board capable of enforcing them. Like I said: I’m not an attorney. Thanks, RPD > On Jul 16, 2019, at 7:49 AM, Alan O'Hashi via Cohousing-L <cohousing-l [at] > cohousing.org> wrote: > > Annie, Phil, et al. - At my place we're updating our declarations and bylaws > by cohousing-izing them, but compliant with state HOA laws. In a nutshell, we > have a governing board as required by law called the steering team (ST). We > have basically emasculated the ST into a body that coordinates and implements > the actions of the community at large. > > > The ST consists of a representative of the standing operational teams that > deal with the common house, parties, gardens, buildings, finances who each > are approved by the community. Action items originate from the community that > directs the ST to figure out the details and bring back the final products > for three readings. The community approves the actions and the ST reaffirms > community decisions. Nothing comes from the ST to the community without first > originating in a standing team or from the community at large. > > > The Colorado state law - as does all the other states - talks a lot about > voting and majorities and super majorities, etc. We took out all references > to voting and changed those to decisions and make reference to our decision > making community agreements, which are around consensus. > > > There are MANY subtleties around insurance, disclosures, conflicts of > interest, how dues are determined, the super majorities and other esoteria, > that I won't go into here. We've spent quite a bit of time - two years - and > money - thousands - going through this with an HOA lawyer who also is > comfortable with our work. This isn't typical intellectual property and as > such, we're trying to figure out how to let others have access to the > documents. > > > Thx, > > Alan O > > PS - if all HOAs operated like a cohousing HOA, there would be no need for > all the state requirements around how to get rid of deadbeat HOA board > members and their criminal behaviors! > > PS2 - to Fred, I resent this because the first time, I forgot to delete the > thread 'tail.' > > > ******************************************* > Alan O'Hashi - ECOS > EnviroCultural Organization Systems > http://www.alanohashi.com/ecos > Colorado 303-910-5782 > Wyoming 307-274-1910 > Nebraska 402-327-1652 > ******************************************* > _________________________________________________________________ > Cohousing-L mailing list -- Unsubscribe, archives and other info at: > http://L.cohousing.org/info > > >
- Re: Policy Committee & Condo law and Cohousing?, (continued)
- Re: Policy Committee & Condo law and Cohousing? R Philip Dowds, July 16 2019
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