Cohousing-L Mailing List: RE: titles

[Lashbrook, Stephan (lashbrook]

Rick:

You will find a certain amount of over-lap among those terms.  I strongly
suggest that you find out how the local jurisdiction (city, county,
township, whatever) uses those terms in its zoning or development
regulations and then use them the same way.

If you find that the local jurisdiction does not even use the term that is
best suited to your purposes, you may want to have it written in to their
regulations.  That can be an arduous task, but it may well be worth the
effort.

Never underestimate the importance of any positive contacts that you may
have with the local decision-makers, whoever they are.  They may well
ultimately control whether your entire project can go forward.

In simple terms, I see it like this:

Planned Unit Developments (PUD's)-- a zoning tool intended to allow for
creative development designs with common areas.  Jurisdictions usually allow
for clustering of units and lots that are smaller than the usual standard of
the zone when they are part of a PUD.  Be careful though, different
jurisdictions handle PUDs completely differently from one to the next.  Some
places have no experience with them, others insist on them for every large
development. 

Condos -- a type of ownership.  Typically where the unit-owner buys only the
individual unit and may or may not hold title to the ground under the unit
or a share of common space.

Homeowner associations -- the group with responsibilities for the upkeep of
the common space and such other responsibilities as may be spelled out in
the by-laws of the organization or the CC&Rs of the development.  The H.A.
may have rule-making authority or may only be a toke organization.

Are you confused yet?  Note that a cohousing development could be a PUD that
creates condos and could end up with a homeowners' association.

Let me know if I can help with deciphering local rules.  I have been doing
this for almost 30 years.

Stephan Lashbrook

-----Original Message-----
From: rick juliusson [mailto:r_juliusson [at] yahoo.com]
Sent: Tuesday, March 27, 2001 1:20 PM
To: cohousing-l [at] cohousing.org
Subject: [C-L]_titles


Could someone please explain, or point towards
resources that explain, the difference between Planned
Unit Developments (PUD's), condos, and homeowner
associations?  Our group has found land (85 acres) and
is trying to figure out the best way to own the
majority of land commonly, but have individual titles
to our own houses.  There's also a sacred hill on the
site that we're considering putting in a trust, so
information on how to do that would also be a great
help.

Thanks

Rick

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