Cohousing-L Mailing List: California co-housing legislative alert

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California co-housing communities are regulated, in part, by the Davis-Stirling 
Common Interest Development Act (Civil Code Sec. 1350 et seq.).  The 
legislature has asked the California Law Review Commission to study and 
recommend changes to the law that would "simplify and clarify" its provisions. 
It is likely that their final recommendation will be introduced as a bill soon.

The current law shows little understanding of co-housing communities. Many 
provisions do not make sense for these communities and others are hostile. We 
have a chance to educate them and show them that there is a constituency.  They 
have sent out a draft of a new law for public comment and the comments are due 
this Friday.  After receiving these comments and holding a meeting, they will 
issue a final recommendation to the legislature.  This might be as early as 
January.

Among other things, the existing law or draft requires:
- A thirty-day balloting period for the election of directors;
- The required use of cumulative voting if it is an option in the bylaws;

For complete info on the draft, see clrc.ca.gov/H850.html .

Info for commenting on the draft is on the website.  One way is to send an 
email to their executive director: Brian Hebert bhebert [at] clrc.ca.gov . This will 
go into the public record.  You can also call him for information at 
916-739-7071 to chat, but this will not go into the record. I am the only co-op 
member in the entire state who is currently commenting on the draft. A few 
emails would make a big difference.  Brian is interested in listening and 
considering our concerns.  He has already recommended many changes based on my 
comments.  I can be contacted by email (see end of this message) or by phone at 
510.644.2463


Bob
Walnut House Co-op


A sample email to him could be something as simple as this:

I live in/am on the board of <name of co-ho>.  We would like the Commission 
take into account that there are many co-housing developments in California. 
<Our association has the following features: small/everyone is on the board/we 
have no declaration, etc.> I would like to suggest that the Commission become 
familiar with the diverse ways that co-housing communities are organized and 
make sure that the final recommendation supports us and is clearer and simpler 
for us to use, without consulting with an attorney.

<more optional stuff>

Thank you for your consideration,

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