Cohousing-L Mailing List: Re: Enforcing CC&Rs

[Chapel, Thomas (CDC/NCIPC/DOP) (tkc4]

I strongly advise you to hire the lawyer asap. The likelihood that your 
decision to override them would hold up in court if someone tested you is 
pretty remote I THINK.  But please correct me if someone knows otherwise.  We 
have very detailed community guidelines, but have been under the assumption 
that they are good-will agreements and not legally enforceable like our CC&Rs 
are.

-----Original Message-----
From: Cohousing-L <cohousing-l-bounces+tchapel=cdc.gov [at] cohousing.org> On 
Behalf Of NANCY MOREHOUSE via Cohousing-L
Sent: Friday, June 21, 2024 3:23 PM
To: cohousing-l [at] cohousing.org
Cc: NANCY MOREHOUSE <nmorehouse [at] aol.com>
Subject: Re: [C-L]_ Enforcing CC&Rs

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Hi Lisa,
When we moved in in 2012, we realized our CCRs were also boiler plate. And so 
early on, we agreed by consensus that any agreement made by us that 
contradicted the CCR‘s would have precedence over the CCRs.
So someday when we have nothing else to do, we will find a lawyer to help us 
modify our CCR‘s.
Nancy Morehouse
Wolf Creek Lodge
Grass Valley, California

Sent from my iPhone

> On Jun 21, 2024, at 10:53 AM, Lisa Kuntz via Cohousing-L <cohousing-l [at] 
> cohousing.org> wrote:
>
> Good questions, Petra!
>
> I'll keep an eye on the answers, since it's a concern that many, 
> perhaps most, cohousing communities have!
>
> We here at Daybreak Cohousing are exploring that topic right now.
>
> How can we work together to care for the physical and social aspects 
> of our community and make sure that everybody is included and on-board?
>
> Lisa Kuntz
> Daybreak Cohousing
> Portland OR
>
>> On Fri, Jun 21, 2024 at 8:31 AM Petra Martin <petra [at] petramartin.com> 
>> wrote:
>>
>> Our (young) community <https://fifthstreetcommons.com/> was founded 
>> by two couples, one of whom never lived here (but owned a unit that 
>> has since been
>> sold) and the other who did live here for a while (but that unit has 
>> also been sold). They retrofitted intentional community into a former 
>> apartment complex and outfitted us with what looks like a boilerplate 
>> set of CC&Rs <https://fifthstreetcommons.com/governing-documents/>.
>>
>> Bottom line, we inherited a bunch of rules that we had no hand in 
>> creating, one rule is being violated (don't store stuff in the 
>> carports), and we've been going around in circles for nine months 
>> trying to rewrite that rule in a way that works for everyone, with no 
>> resolution in sight.
>>
>> Some of us are thinking, "Hey, it seems like it might be less painful 
>> to just enforce the rules as written," but no one has ever done that here.
>>
>> So, two questions:
>>
>>   - Do you have community-generated CC&Rs that you're willing to share
>>   with me, so we can see how other cohousing communities have written 
>> their
>>   rules and agreements?
>>   - How do you enforce your community's rules? What are the
>>   steps/escalations? (These
>>   
>> <https://www.hoamanagement.com/how-can-hoa-enforce-rules-regulations/
>> >
>> feel
>>   fairly standard for HOAs but don't necessarily seem like a perfect match
>>   for cohousing/intentional communities).
>>
>> Thank you for helping us work through this!
>>
>> Petra Martin (board president)
>> 360.202.7403
>> *WhatsApp* <https://wa.me/13602027403> 
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>>
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