Cohousing-L Mailing List: Re: First right of refusal

[RowenaHC (RowenaHC]

First of all, something that is legal in the U.S. may not be in Australia and 
vice versa - I say that as a lawyer who knows that the same applies from 
state to state in the U.S.  With that in mind, let me respond from the U.S. 
point of view.

Discrimination laws prohibit discrimination in sales or renting of units to a 
limited group of people.  Typically one is prohibited from discriminating 
against people on the basis of race, nationality, religion (although there 
was a case in which strict Catholics were allowed to refuse to rent to 
unmarried couples), handicap, families with children, and in some places 
sexual orientation.  Beyond that, if you don't want to sell to green-haired, 
three-handed people or white, married Protestants you don't have to!

That being said, the right of first refusal is somewhat illusory unless you 
have an active waiting list or a sugar daddy.   We have such a clause in our 
Condo Bylaws which requires a seller to notify the association and give it 30 
days to either find a qualified buyer or make an offer on behalf of the 
Association.  After that, they are entitled to put the unit on the open 
market through a real estate agent.   

We just had our first resale.  None of the people on our witing list were 
willing to match the asking price (despite the reduction from not having to 
pay an agent) but ironically, a real estate agent came up with a couple who 
had just given up on their own Coho group and were ready to buy!

As far as weeding out the crazies - I suspect it's hard to do.   We have a 
"friends" group, which pays $25 (I think) to get the newsletter and 
invitations to attend meals and meetings.   When people get serious they are 
asked to attend some meetings and particpate in discussions.   This tends to 
weed out the dilitantes!   Apart from that - you learn a little about people 
in interviews and a lot from living with them for a few months.  Of course, 
if you have a very small group you probably have to worry about misfits more 
than a large group like ours. 

Rowena at
Cambridge Coho