Cohousing-L Mailing List: Re: Variations on low cost housing

[melanie griffin (melgrif]

but see this section of Westwood (NC)'s declaration (which is distinct from
its bylaws and rules and regulations (??)
(http://www.westwoodcohousing.com/policies.html)

which sounds like it gives the association a right to sell the property to
someone other than a person chosen by the seller. Their experience, if any,
would be interesting--I can't imagine making an offer on a property and
having to wait a month before the seller would legally be able to say yes or
no.

*Item 7. LIMITATIONS ON SALE:* Except as provided herein, no Owner may sell
any Lot or part thereof or interest therein.

Any Owner intending to sell (other than as expressly permitted in the
Bylaws) all or any part of a Lot or any interest therein (the "Selling
Owner") shall give notice (the "Notice") together with the terms of the
proposed transaction and name and address of the intended recipient. The
giving of the Notice shall constitute a representation by the Selling Owner
to the Sale Committee and any subsequent purchaser produced by the Sale
Committee, as hereinafter provided, that the Selling Owner reasonably
believes the proposal to be bona fide in all respects.

Within thirty days after receipt of the Notice, the Sale Committee shall
either approve the proposed transaction in writing (the "Approval") or shall
furnish the Selling Owner with a signed offer (the "Offer") from a purchaser
approved (the "Approved Grantee") by the Sale Committee, upon the same terms
stated in the Notice, except that the Approved Grantee shall have not less
than thirty (30) days subsequent to the date of the Offer within which to
close the transaction. So long as the Offer is monetarily identical to what
was contained in the Notice, the Selling Owner shall promptly accept the
Offer. The Approval of the Sale Committee shall be in recordable form signed
by any two members of the Association's Board and shall be delivered to the
purchaser. The failure of the Association to act within such thirty (30) day
period shall be deemed to constitute approval of the proposal in the Notice,
but shall not eliminate the Association's obligation to provide the Approval
in recordable form, as aforesaid. The Selling Owner shall be bound to
consummate the transaction with the Approved Grantee per the Offer.

Notwithstanding the foregoing, the sale of a Lot as a result of foreclosure
or sale under a power of sale in a Holder's deed of trust shall not be
subject to this Item 7 or affected in any manner. If, however, a Lot is
purchased at such a sale, then the purchaser thereat shall be obligated
thereafter to honor the foregoing limitations with respect to all future
sales.

Any Owner may convey or transfer the Owner's Lot by gift, will or intestacy
without complying with the procedures set forth in this Item 7, but the
recipient of such Lot shall be and remain subject to all of the terms and
conditions hereof thereafter.

In event that the Association should purchase or otherwise acquire any Lot,
the title thereto shall be vested in the Association, as Trustee for all of
the remaining Lot Owners, with each other Lot's Owner being the beneficiary
of a 1/23 interest therein.


On Wed, May 21, 2008 at 1:49 PM, Larry Miller <larry.miller [at] charter.net>
wrote:

>
> Marganne wrote:
> "In cohousing, when a unit sells or is rented, doesn't the community
> have some say about who moves in?"
>
> In general, no. Restrictions or prior approvals by the community are
> generally not legal in
> condo associations, although laws in some states may vary. Oak Creek
> Commons has been confronted
> by this. Some homes have been sold to people not interested in being a part
> of the cohousing
> community.
>
> Our community is trying to evolve strategies to encourage that those who
> move here are actually
> interested. Some things we have done:
> 1.      Found a realtor willing to come to some meals, learn about the
> community, and pursue
> sales strategies that include advertising in non conventional but
> "cohousing friendly" media. He
> has also volunteered to discount his services. In return, we are actively
> recommending him to
> our members
> 2.      Generate materials about the community and cohousing to be
> available to prospective
> residents and all realtors.
> 3.      Encourage realtors and owners of units for sale to work with
> community members who can
> help "sell" cohousing to prospective buyers.
>
> This can be a really difficult part of cohousing because, over time, you
> can  start to lose the
> critical mass that makes it work.
>
> Larry Miller
> Oak Creek Commons
>
>
>
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