legal docs, bylaws, CC&Rs, policies
From: Lynn Nadeau (welcomeolympus.net)
Date: Thu, 5 Dec 2002 15:24:02 -0700 (MST)
RoseWind Cohousing, Port Townsend Washington
In our 15th year of existence, and fully owned by 24 families, we've been 
revising the legal documents we put into place about 9 years ago, when 
this was all pretty theoretical. I am interested in how other groups have 
divided out the content of their paperwork among such documents. We've 
completed a revision of the Bylaws, but as we go into CC&Rs, I'm unclear 
what "should" be in CC&Rs: much of what we put in there is redundant with 
the Bylaws, and some of what's in there might, rather, be called 
Regulations. Any helpful suggestions would be welcome!

The Articles of Incorporation, required by the State of Washington, are 
rather brief: 2 spaced-out pages. We are a non-profit (though not 501c3) 
mutual benefit corporation.

Property Use and Development Agreement. This is the contract we entered 
into with the City where we live, as the final product of our becoming a 
Planned Unit Development.

Bylaws. A 9-page document which includes definitions of membership, 
decision making rules, kinds of meetings, notification requirements, 
fiscal management, indemnification. Seems mostly about governance. 

CC&Rs, also titled Master Declaration or Conditions, Covenants, and 
Restrictions. This was written with about 20 pages. Included are a number 
of specifics- rules about unattended fires on the commons, firearms, 
various other impacts on the commons, wood stove standards, solar access 
for neighbors, etc etc. In SOME areas we've just said something like "The 
Association may make and amend policies regarding pets." and left the 
specifics out of the actual cc&r document. This makes it easier to 
modify. Don't want to require an act of Congress to change "2 outdoor 
cats" to 1 or 3. Should we move ALL specifics out of this document? If a 
stranger is buying a RoseWind lot, at least they have to have seen the 
Bylaws and CC&Rs, which are attached to the deed. They'd have to ask to 
see the Regulations/Policies. 

Other stuff currently included is Dispute Resolution process, description 
of Architectural Review and that committee that does it (it's minimal, in 
fact), and a description of our elected Steering Committee. Also the 
legal stuff about how you have to pay your assessments or get liens etc. 
I actually don't know why this is here and not in Bylaws. 

Regulations, also called Policies, or Rules. These are just as binding as 
CC&Rs, if adopted legally at a meeting. Presently, not  much except Pet 
Policy. 

Lynn Nadeau, RoseWind Cohousing
Port Townsend Washington (Victorian seaport, music, art, nature)
http://www.rosewind.org
http://www.ptguide.com

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