Cohousing-L Mailing List: Re: Clarification on What legal structure is best for a small group? (Ann Zabaldo)

[Lynne Markell (lmarkell]

We are using an equity housing co-operative form to accomplish our needs. The 
co-operative owns the building and residents/members buy preference shares for 
their individual units, which also have an occupancy agreement for a specific 
unit.
Our co-operative will buy back the shares and the occupancy agreement when the 
member leaves and sell to a new member. No inheritance, no creditors, no 
surprises.

There will be no mortgages,because members have to pay cash and this works for 
older adults and seniors who own homes. However our members can get loans from 
credit unions based on their ability to pay back.
Good luck with your project.

Lynne Markell, 
Lmarkell [at] rogers.com
(613) 842-5222



> On Dec 26, 2018, at 5:11 AM, Copia Webster <copiawebster [at] gmail.com> 
> wrote:
> 
> Ann,
> I appreciate your thoughtful response to my question.
> 
> To clarify, we are doing something different than most groups. For example,
> none of the three questions mentioned apply to our group:
> 1. We will not be developing a building. We will buy an existing apartment
> building and do light rehab to a couple of the units.
> 2. We will be buying the building as an legal entity, not developing as one.
> 3. Neither condominium, co-op or HoA will meet our needs, because we do not
> want member’s individual creditors to be able to lien the building, nor for
> heirs of deceased members to inherit any part or interest in the building.
> 
> Please be assured I do not feel that the legal entity question is simple.
> 
> The first professional we want to hire is an attourney that specializes in
> the kind of legal vehicle we need. Hence our quest to determine what that
> vehicle is.
> 
> Thanks,
> Linda
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