Cohousing-L Mailing List: Re: Request input re: residence/transfer of ownership from our Legal Committee

[Kathy Tymoczko (kathy.tymoczko]

We have two separate decision-making bodies at Daybreak Cohousing (in
Portland, Oregon), with different rules for determining membership,
primarily (I think) because of Oregon legalities and the fact of being
cohousing, not just a condominium association.

The Board of Directors consists of one person for each unit (thirty people)
who is an owner or co-owner of the unit or an HOA member who lives in the
unit.  So in the case of an absentee owner who rents out their unit, the
tenant can be designated as the director for that unit if desired.  If a
couple jointly owns a unit, one of them must be designated as the director
for that unit.  The Board of Directors makes only a few kinds of
decisions:  approval of the annual budget, election of officers of the BoD,
special assessments, and changes to the Bylaws.

The HOA consists of all owners of each unit.  Other adult residents of the
unit (housemates, renters, family members who live in the unit) may be
designated as members if they request that.  The HOA makes all decisions
not made by the BoD.



On Mon, Dec 5, 2016 at 9:16 AM, Ruth J Hirsch <heidinys [at] earthlink.net>
wrote:

>
>
>
> Here's the question the Legal Committee would like to ask of other
> cohousing communities:
>
> Membership in our homeowner’s association is currently limited to the
> owners (natural persons) of the houses.
>
> Some members are interested in transferring  their houses to their
> children as an estate planning technique. This would be done by either
>  (1)  selling/giving the house to a child outright and remaining in the
> house with the child’s permission,
> or
> (2) selling/giving the house to the child but retaining a life estate in
> the house, meaning the parent would have a recordable property interest in
> living in the house for life.
>
> In either scenario, under our current bylaws, the child would be the owner
> and therefore be the member.
> We’re considering amending our bylaws and would like to know what other
> communities allow.
>
> Is this form of ownership permitted by your cohousing community?
>
> If someone other than the resident owns the house, can the resident be a
> member instead of the owner?
>
> Have you investigated estate planning methods for transferring your
> houses, and if so, what do you see as pros and cons? (Note: Several members
> have transferred their houses to a living trust, and we haven't objected
> because the member is the trustee of their trust, so ownership hasn't yet
> transferred to a child or other person.)
>
> Thanks,
>
> Julie, Legal Committee
> Cantines Island,  a Family Friendly Community
> Saugerties
>
> Where we have a family sized house available.  Please let others who might
> be interested in a wonderful, beautiful, family friendly community in the
> beautiful Hudson Valley know about this.
> thank you
>
>
> PS:  I have an intermittent e-mail glitch.  If you write and do not hear
> back from me shortly, please call me or please re-send.  Thank you,  Ruth
>
>
>
>
>
>
> PS:  I have an intermittent e-mail glitch.  If you write and do not hear
> back from me shortly, please call me or please re-send.  Thank you,  Ruth
>
>
>
>
>
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>


-- 
Kathy Tymoczko
Daybreak Cohousing <http://www.daybreakcohousing.org>
Portland, Oregon
765-307-1083