legal docs, bylaws, CC&Rs, policies | <– Date –> <– Thread –> |
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 _______________________________________________ Cohousing-L mailing list Cohousing-L [at] cohousing.org Unsubscribe and other info: http://www.communityforum.net/mailman/listinfo/cohousing-l
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