Cohousing-L Mailing List: Legal underpinning of Cohousing

[Thomas Lofft (tlofft]

Sarah Wells of Highline Crossing in Littleton, CO, wrote:
 
"Recently we passed a participation in lieu of pay agreement but in the 
implementation were challenged by a neighbor new to living here about its 
legality.   In response,  we sought legal advice from a well known HOA law firm 
in the area. After reading our CC & Rs and all of our cohousing agreements, 
this firm stated definitively that Cohousing is illegal and we need to just 
hire a management firm to serve our property.  Needless to say, the 
conversation in our community isn't over but we are wondering how other 
communities have set up their legal documents to support their cohousing 
processes and agreements to handle similar challenges."
 
I ask if your esteemed counsel was able and willing to quote the specific laws 
and segments thereof that they thought were violated by your cohousing CC&R's, 
or how Cohousing is illegal in principal, and how your CC&R's or cohousing in 
principal contravenes those laws?
 
In my mind, nothing is illegal until it has been brought to consideration in an 
appropriate courtroom and decided by the judicial system past all rights of 
appeal.
 
Does your counsel have case law references? 
 
Tom Lofft
Liberty Village, MD