Re: First right of refusal
From: billc (billcgreenbuilder.com)
Date: Mon, 22 Nov 1999 22:25:11 -0700 (MST)
The right of first refusal will only work if you have a buyer - or a pool
of money to act as the buyers yourselves.

The community I live in has had a right of first refusal for a decade and a
half, and never used it.  For a long time that was because we had a waiting
list.  More recently, the after affects of not keeping our community in the
public awareness have set in, and we've had sales to people "outside the
fold" because there was no one waiting to buy and no one willing to step
forward on the right of first refusal.

I think that your best tool is to keep promoting the community, and to keep
an active list of interested parties.  You'll breathe a collective sigh of
releaf when you can quickly find a qualified buyer from within your list of
like-minded people, and don't have to take the chance of having someone
who's a bad fit move in.

Otherwise you risk getting into a downward spiral - the bad fit moves in,
and it erodes the sense of community among the existing folks.  For some it
may be the final thing that convinces them to move on.  Then you have
another place open...  A few too many rounds of that, and the community
isn't much of a community any more.

BC

>
>> Rob
>> I believe a cohousing community (or any entity) can get a first right a
>> refusal and the opportunity to assign that first right to another party.
>> With this the community can create a waiting list of qualified individuals
>> who have the money and could qualify for the loan.
>>
>> Kevin
>
>We have been discussing the issue of self selection v's the right to select
>or refuse membership. A solicitor who we are talking to, and who is writing
>a book on legal issues for communities, is a little unsure about this one.
>
>It is a question that many people ask. `How do you keep out someone who
>doesn't fit?' It is often said around here that every community has its
>madperson (actually they usually say madman, unfairly I think). This
>madperson is often regarded as the reason for everything that goes wrong in
>the community, and even for its demise. Many of the people who are
>discussing joining us are in fear of getting involved with one of these.
>
>Is there any experience of this 'first right of refusal' in practice. Most
>Cohousing Communities seem to practice self selection. We are a little
>confused if you can help. Also, how does this relate to the discussion on
>anti-discrimination.
>
>Jed Stuart
>Mullumbimby Cohousing Group
>NSW, Australia

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