Re: CoHo and Renting
From: Rob Sandelin (robsanmicrosoft.com)
Date: Thu, 9 Mar 95 12:23 CST
Joani wrote:
>When I joined the Doyle St. group I was required to sign a participation
>agreement. Among other things, I agreed not to rent or sell my home to anyone
>who was not also willing to sign a similar agreement.  Although we no longer
>require people to sign particpation agreements--we had to take such a
>requirement out of our condo association bylaws in order to get our
>individual mortgages--we strongly encourage them to do so.

You can still have this type of agreement if you want to, just don't 
put it into the legal documents that the banks see.  You can have all 
sort of self inforced rules at the "house rules" level in a condo and 
they work just fine without the legal sanction of bylawdom.  The only 
reality is that if the rule is such that it is not enforcable by 
neighborly goodwill, then you have no ability to enforce it.  Now a 
zillion lawyers will say,  yada yada yada - courts won't uphold- yada 
yada.  But that doesn't matter, you are not going to sue, and no one is 
likely to sue you over a participation agreement unless its really 
outrageous and I can't image such a thing ever getting through a group 
process in the first place.

Cohousing is such a limited market that the people who are into it will 
very likely happily sign a reasonable participation agreement.    I 
think such agreements have a great deal of ability to establish the 
participation expectations for the group. I often wish we did that.

Rob Sandelin
Sharingwood

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