Cohousing-L Mailing List: Where to put the rules and regulations?

[David Heimann (heimann]

Hello Everyone,

        In putting together our condo docs we've come up against (another)
interesting question.  The documents include the Master Deed (describing
the property and the apportionment) and the Bylaws (describing the
governance).  Also a part of the documents are the Rules and Regulations.
Generally we have thought that the more stable items should be part of the
Master Deed and the Bylaws, which the banks and governmental agencies see,
while the more changeable items should be part of the Rules and
Regulations, which are not filed or shown to banks.

        We have been in touch with a couple of lawyers who have suggested
that the more important rules and regulations (creating and managing a
waiting list, requiring that a new purchaser of a unit go through an
information process and acknowledge that they understand what they've been
presented, etc.) be a part of the Master Deed and/or Bylaws by reference,
while the other rules and regulations (smoking, pets, noise, etc.) be a
separate more-easily-changed document.  This is the first time that we've
heard of two separate kinds of Rules and Regulations.

        What is your experience about the different types of documents.
Are there three (Master Deed, Bylaws, Rules and Regulations) or four
(Master Deed, Bylaws, referenced Rules and Regulations, and unreferenced
Rules and Regulations)?  Thank you very much for your information.

Best regards,
David Heimann
JP Cohousing