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

[Ann Zabaldo (zabaldo]

Hi all!

In our by laws for Takoma Village sellers have to advise the board
that they want to sell their unit.  The board (therefore the
community) has 30 days to find a purchaser.  If no purchaser can be
found w/in 30 days, the sellers can put the unit up for sale on the
open market.  When a buyer is found, the board has 3 days to match
the sales price by either purchasing the unit or finding a buyer. 
There are a few other details including issues about the pricing of
the unit, etc.  but these are minor compared to the "right of first
refusal" we are building into our by-laws.

Ann Z. 
Takoma Village -- WDC

Jed Stuart wrote:
> 
> Thanks to all for the clarification.
> 
> It would seem that having the waiting list may keep the withering away of
> community at bay. I am wondering if it isn't possible to get something a
> little stronger than that though. It seems rather up to chance. A
> sympathetic buyer may be found or may not.
> 
> Couldn't a community put a covenant on all property requiring any sales to
> be only to people who have been accepted by the community? I dont know much
> about covenants yet but will find out what can be done here.
> 
> Jed Stuart
> Mullumbimby Cohousing
> NSW, Australia
> 
> p.s. Some of my best friends are a bit mad and they are usually welcome at
> my home.
> 
> ----- Original Message -----
> From: <RowenaHC [at] cs.com>
> To: <jstuart [at] nor.com.au>; <cohousing-L [at] freedom.mtn.org>
> Sent: Friday, 26 November 1999 12:20 am
> Subject: Re: First right of refusal
> 
> > 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
> >
> >