Re: New Members
From: Mac & Sandy Thomson (ganeshrmi.net)
Date: Mon, 22 Sep 2003 10:51:07 -0600 (MDT)
On 09/21/03 Becky Schaller wrote:
> Mac, would you please say more about this.  Is this a legal agreement in the
> CC&Rs?  If someone doesn't want to complete the checklist, do you then not
> let the owner sell the house to them?   My last question is, How many houses
> have been sold in this way in your community to 2nd or 3rd time owners?
> Like us, I know you are a  young community.  I also know that selling a
> house can be difficult enough without wanting to complications.  Thanks for
> your help.

Becky,

Below is the actual language from our Membership agreement.  It is not part
of our CC&R's so I doubt that it's legally enforceable.  Like almost all of
our agreements, it is based on the good faith and trust we share.  I hope
that's good enough!

If someone refused to complete the checklist (Membership Application), they
wouldn't obtain membership rights (voting, etc.).  Generally speaking, they
would enter the community in a hostile manner, which I just can't imagine
anyone doing.  If someone buys a home here, it's because they want to be
part of the community.  If they didn't want to play the game, there are a
bazillion home buying opportunities for them that don't involve being part
of a community and the extra 'burdens' that go along with that.

Like you, we tried to find a balance between meeting the needs of the seller
and those of the community with the agreement.  We don't want the membership
process to be too arduous for the buyer or seller, but we want a buyer
enthused about community and with their eyes wide open about what living at
Heartwood entails.

So far we haven't had any homes resell, but we do currently have one for
sale so we might soon.

- Mac

>From Heartwood's Membership agreement:
> It is recommended that a prospective owner complete as much of the Membership
> Application as possible before entering a purchase contract, but in any case
> they must complete the entire Membership Application before the purchase
> contract inspection objection deadline. If the prospective owner has not
> completed the Membership Application before entering a purchase contract, the
> following language is to be included in the purchase contract:
> 
> "Buyer's satisfaction with Inspection includes the property, and Heartwood
> Cohousing. As part of their inspection, Buyer agrees to fully complete the
> Heartwood Cohousing Membership Application before the Inspection Objection
> Deadline. If Buyer has not fully completed this Application, the Inspection
> Deadline may be extended by agreement of both parties, or the Buyer will be
> considered to have canceled this Contract due to Inspection Objections."
> 
> It is recommended that a prospective renter complete as much of the Membership
> Application as possible before moving in, but in any case they must complete
> the entire Membership Application within 30 days of move-in or before entering
> a long term lease agreement, whichever comes first.

-- 
Mac Thomson

Heartwood Cohousing
Southwest Colorado
http://www.heartwoodcohousing.com


"What wisdom can you find that is greater than kindness?"
         -  Jean-Jacques Rousseau
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