Cohousing-L Mailing List: Re: Right of first refusal

[marcia . carlson (marcia.carlson]

At Columbia Ecovillage, an HOA Right of First Refusal is written into our
Bylaws, along with the ability of the Board to assign that right to an
existing owner.  We have exercised it once in our 8 year history. On that
occasion, the Board assigned the RoFR to an existing owner, with an
agreement that the purchasing owner cover the legal costs incurred by the
HOA Board in exercising the Right.

We do not (yet) have a "right of first purchase" written into either our
community agreements or our Bylaws, even though such a policy could have
avoided the challenges we faced in exercising the Right and would likely
have been beneficial to all concerned. It's worth noting that in Oregon,
and perhaps other states, such a condominium "right of first purchase" is
legally moot or may be prohibited by state law. It could risk constituting
a "restrain on alienation" (legalize for interference with an owner's right
to sell their property). Legal advice would be wise before going that route.

Marcia Carlson
Columbia Ecovillage
Portland, OR  97218