Cohousing-L Mailing List: Legal Questions in Cohousing - was Expulsion Policy

[Liz Ryan Cole (lizryancole]

Hi all

There are a number of lawyers living in/friendly with Cohousing. 

I have submitted a proposal for multiple (perhaps linked) sessions at the 
upcoming (August 2024) National Cohousing Conference 
https://www.cohousing.org/conference/

Intentional Communities is not an area of my expertise, but I am good at 
finding experts and putting them together in meaningful sessions/workshops.

My goals include finding and developing legal resources (human) for people 
developing and living in cohousing 
Creating a basic legal bibliography/resource list 
Developing a core of lawyers with an interest in helping to developing 
cohousing and supporting each other in that work.

If you are interested working on this with me please reply to me directly.
If you know of people who might be good resources, please share that 
information with me.


Thanks and do consider coming to Denver in August. 

liz

Liz Ryan Cole
lizryancole [at] me.com

Pinnacle Project Cohousing and Loch Lyme Lodge and Cabins, Lyme, NH
CohoUS, Board

802.274.1511 Mobile
802.785.4124  Home 
802.831.1240 Work (Vermont Law School Professor Emerita)
she/her(s)

I arise in the morning torn between a desire to improve the world and a desire 
to enjoy the world. This makes it hard to plan the day.”
― E.B. White



> On Nov 11, 2023, at 12:45 PM, Barbara Smith via Cohousing-L <cohousing-l [at] 
> cohousing.org> wrote:
> 
> Contact a lawyer.  I think you are subject to similar (NOT the same) eviction 
> laws or regulations as in the US..(.although different states have different 
> regs.) After Googling the question I found, I think, that in Canada, some 
> legal entity must approve an owner's eviction (or forcing the person to 
> sell). You have to document behavior, making sure you understand what sorts 
> of behavior legally constitute "disruptive". If the person has a diagnosed 
> mental disorder, it's easier. Here's a link to a legal paper: 
> https://www.canlii.org/en/commentary/doc/2017CanLIIDocs3693#!fragment//BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoByCgSgBpltTCIBFRQ3AT0otokLC4EbDtyp8BQkAGU8pAELcASgFEAMioBqAQQByAYRW1SYAEbRS2ONWpABarbara
>  SHager HomesteadLittleton MA
>    On Saturday, November 11, 2023 at 08:28:56 AM EST, Diana Carroll 
> <dianaecarroll [at] gmail.com> wrote:  
> 
> Canada must have very different laws on home ownership than the US. HOAs
> here are not empowered to remove someone from their home under any
> circumstances. If the owners were violating the law, then one could call
> the police (if the behavior a criminal) or sue (if it was civil) but only
> the law could force someone out of their house -- and then only for
> something pretty extreme.
> 
> Diana
> Mosaic commons in central Massachusetts
> 
> On Sat, Nov 11, 2023 at 8:18 AM Arthur Herold <herold [at] nexicom.net> wrote:
> 
>> Hello! We are Kawartha Commons Cohousing, Peterborough, Ontario,
>> Canada.  We are intending to draft an Expulsion Policy in case we have
>> to deal with a member who is destructive of our community, and in case
>> all less extreme efforts to mitigate the problem have been exhausted.
>> It will probably be extremely helpful to see how other cohousing
>> communities have approached this.  Do any of your communities have such
>> a policy that you would be willing to share?  Thanking you in advance,
>> Arthur
>> 
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