Cohousing-L Mailing List: Re: New Members

[Becky Schaller (bschaller]

Thanks, Mac.  The idea of membership rights gives me something to think
about.  We don't have that here and I hadn't heard of it before.
Becky

> On 09/21/03 Becky Schaller wrote:
>> Mac, would you please say more about this.  Is this a legal agreement in the
>> CC&Rs?  If someone doesn't want to complete the checklist, do you then not
>> let the owner sell the house to them?   My last question is, How many houses
>> have been sold in this way in your community to 2nd or 3rd time owners?
>> Like us, I know you are a  young community.  I also know that selling a
>> house can be difficult enough without wanting to complications.  Thanks for
>> your help.
> 
> Becky,
> 
> Below is the actual language from our Membership agreement.  It is not part
> of our CC&R's so I doubt that it's legally enforceable.  Like almost all of
> our agreements, it is based on the good faith and trust we share.  I hope
> that's good enough!
> 
> If someone refused to complete the checklist (Membership Application), they
> wouldn't obtain membership rights (voting, etc.).  Generally speaking, they
> would enter the community in a hostile manner, which I just can't imagine
> anyone doing.  If someone buys a home here, it's because they want to be
> part of the community.  If they didn't want to play the game, there are a
> bazillion home buying opportunities for them that don't involve being part
> of a community and the extra 'burdens' that go along with that.
> 
> Like you, we tried to find a balance between meeting the needs of the seller
> and those of the community with the agreement.  We don't want the membership
> process to be too arduous for the buyer or seller, but we want a buyer
> enthused about community and with their eyes wide open about what living at
> Heartwood entails.
> 
> So far we haven't had any homes resell, but we do currently have one for
> sale so we might soon.
> 
> - Mac
> 
> From Heartwood's Membership agreement:
>> It is recommended that a prospective owner complete as much of the Membership
>> Application as possible before entering a purchase contract, but in any case
>> they must complete the entire Membership Application before the purchase
>> contract inspection objection deadline. If the prospective owner has not
>> completed the Membership Application before entering a purchase contract, the
>> following language is to be included in the purchase contract:
>> 
>> "Buyer's satisfaction with Inspection includes the property, and Heartwood
>> Cohousing. As part of their inspection, Buyer agrees to fully complete the
>> Heartwood Cohousing Membership Application before the Inspection Objection
>> Deadline. If Buyer has not fully completed this Application, the Inspection
>> Deadline may be extended by agreement of both parties, or the Buyer will be
>> considered to have canceled this Contract due to Inspection Objections."
>> 
>> It is recommended that a prospective renter complete as much of the
>> Membership
>> Application as possible before moving in, but in any case they must complete
>> the entire Membership Application within 30 days of move-in or before
>> entering
>> a long term lease agreement, whichever comes first.


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