Cohousing-L Mailing List: Re: how cohousing communities decide on new members

[Katherine Lavine (1stkathee]

Thanks for clarifying that Lew. That was my understanding as well, so I was
very confused by comments on this thread that indicated otherwise. River
Song is indeed an LLC at this point until we are built. Now is the only
time we can set criteria for membership, and we are cautiously entering
this conversation now. Thanks

On Fri, Apr 16, 2021 at 5:12 AM Lew Bowers <lewbowers155 [at] gmail.com> wrote:

> It is important to not discriminate when seeking cohousing community
> members.
>
> However, there is an important distinction. When you are building your
> community and recruiting your initial members, you are likely to be
> structured as a LLC (limited liability Company) as that is the most
> effective legal vehicle for real estate development. At this stage, you are
> not selling housing, you are offering membership in a LLC which gives you
> the later right to purchase a completed housing unit. The federal fair
> housing act does not apply. That is why forming communities go through all
> kinds of  discussions about what kinds of members they are seeking.
>
> Once the units have been initially purchased, the cohousing community
> likely
> becomes a condominium association and now you are in fact selling real
> estate and all Federal fair housing laws apply. So, for all resales these
> laws definitely apply.
>
> I point this out to make sure that folks understand that they are operating
> under different legal structures at different stages of their project and
> each stage offers specific opportunities and constraints.
>
>
>
> Lew Bowers
>
> 503-396-0316
>
> Bowers & Bowers Development LLC
>
> Founding Member of PDX Commons
>
> Certified Cohousing Consultant
>
> Board Member, Coho US
>
>
>
>
>
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