Cohousing-L Mailing List: Re: Cohousing-L Digest, Vol 258, Issue 11

[Patricia Lautner (lautnerp]

Hello,

At Jamaica Plain Cohousing in Boston we have a Right of First Refusal
clause also in our condo docs. In practice this means that the community
has 30 days to produce a buyer that would fit in well with the community.
We keep a mailing list and notify everyone when a unit is ready to show.
We also show up at the open houses and introduce ourselves and give tours
to the common areas.  If we're looking for people with families, one of our
teenagers, or parents with a toddler in tow, will volunteer to do the tours
because we understand that "like-attracts-like" in marketing.  Once an
offer is accepted, the community will assign a "buddy" to the buyers who
will invite them to meals, meetings, and private conversations to orient
them about cohousing.  We also insist that the purchase and sale agreement
have a "Passing Clearness" clause.  This gives both the buyer an "out" if
it's not a good fit.  (Clearness is when 3 households meet with the
buyer(s) and ask a series of questions that have been distributed in
advance. The questions are meant to make sure everyone is "clear" about
what it means to live in the JPCohousing community.)  We do not vote on new
members.  At the end of the clearness meeting, usually everyone just smiles
and says, "yes I'm clear about all of this", and the sale proceeds. Only
once in 20 years did someone go through clearness and decide that they
didn't want to proceed.

*What happens first?*

·        Seller notifies the Board of their intention to sell.

·        Once Seller determines purchase price, completes all marketing
materials (such as photos, brochures, etc.), and notifies the Board that
their home is ready to show, the 30-day Right of First Refusal clock begins.

·        Board reaches out to current JPC Members to see if anyone wants to
buy the unit.

·        Community reaches out to friends, family, and members of the
contact list to generate interest.  The community may conduct private
showings (with the Seller’s permission), or invitation-only Open Houses to
promote the sale. (We always do this and often sell the unit before it goes
to MLS).


*What happens when an offer is accepted by the seller?*

Once the Seller accepts an offer, the Buyer-Party will:

   1. Be assigned a “Buddy”
   2. Be expected to participate in Cohousing activities as much as
   possible to meet neighbors and to see the meeting process first-hand
   3. Familiarize themselves with our group process, the Condominium
   Documents, Rules and Regulations, and the Living There Guide
   4. Go through a Clearness Process


BTW - our community recently added a transfer fee clause to our condo docs.
I highly recommend doing this!  Ours reads: "Seller shall provide a
transfer fee of 5%-7% (or more if seller chooses) of the difference between
their selling price and their purchase price of the unit on the day of the
sale closing. Seller will sign a Transfer Fee Agreement before the closing
in order to receive the required 6(d) Certificate."

Reach out if you want to chat!
Patti
JPCohousing


On Mon, Jul 21, 2025 at 6:16 AM <cohousing-l-request [at] cohousing.org> wrote:

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> Today's Topics:
>
>    1. Cohesiveness of community after a sale? (Christine Cook Mania)
>    2. Re: Cohesiveness of community after a sale? (R Philip Dowds)
>    3. Re: Cohesiveness of community after a sale? (Bob Leigh)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Sat, 19 Jul 2025 13:55:40 -0500
> From: Christine Cook Mania <christine.d.cook [at] gmail.com>
> To: cohousing-l [at] cohousing.org
> Subject: [C-L]_ Cohesiveness of community after a sale?
> Message-ID:
>         <CAF9AbW6MJTiNwJu-CpiAarqREqTJoiW=
> ear3NkFrANyKeK0Hfw [at] mail.gmail.com>
> Content-Type: text/plain; charset="UTF-8"
>
> We're forming a new cohousing community and we are thinking about how to
> maintain the cohesiveness of the community when someone sells their unit.
> We want to ensure the new buyer is committed to being an active participant
> of the community and would like some review of the prospective buyer before
> the sale is completed. We have come up with three different options:
>
>    1. One of the ideas we are considering is for our community to have the
>    "right of first refusal" to buy the unit. For any community that does
>    establish a "right of first refusal" on the sale of a unit, what do you
> do
>    to actually exercise it?
>    2. Another way is to maintain a waiting list of qualified buyers.
>    3. And another way is to add something to our by-laws requiring the
>    approval of the "condo association" of the buyer.
>
> We are curious to know what existing communities are doing?
>
> Warmly,
> Christine
>
>
> ___________________________________
> Christine Cook Mania, MA, RYT-200
> Check out my new book, *Vegan Minded: Becoming a Steward for Animals,
> People, and the Planet <https://amzn.to/3LCD47t>.*
> Learn more about my work at christinecookmania.com.
>
>
> ------------------------------
>
> Message: 2
> Date: Sun, 20 Jul 2025 08:53:32 -0400
> From: R Philip Dowds <rphilipdowds [at] me.com>
> To: Cohousing-L <cohousing-l [at] cohousing.org>
> Subject: Re: [C-L]_ Cohesiveness of community after a sale?
> Message-ID: <4488F105-268F-490D-BC68-67A7826F1E6C [at] me.com>
> Content-Type: text/plain;       charset=utf-8
>
> Great question(s).  At Cornerstone Cohousing, we?re still working on this
> (we?ll probably always be working on this), and don?t pretend to have all
> the answers.  But I?ll share some of our experience and thinking to date:
>
>       (1) We have ROFR built into our master deed from the year 2000.  The
> idea is that (a) Cornerstone can insist that sellers present the
> association with a (partially redacted) purchase and sale offer, and then
> (b) Cornerstone can ?take over? this offer by transferring it to some other
> buyer we ?like better?.  Cornerstone itself never buys or owns a unit, even
> transitionally.  But historically, we've NEVER USED ROFR.  First, we tend
> to feel it?s intrusive on the ?private? transaction of a valued friend and
> neighbor who wants to sell; and second, we worry about stumbling on some
> prohibition of fair housing law.  Meanwhile, we?re told that ROFR inteferes
> with reverse mortgages, which potentially allow some of our older members
> to afford staying at Cornerstone after they retire.  So:  We are currently
> looking at removing ROFR from our master deed.
>
>       (2) Many communities seem to maintain a successful and useful
> waiting list.  On the other hand, cohousing units do not turn over with the
> same regularity as do ?ordinary? HOA units, so maintaining a viable and
> relevant waiting list can be a lot of work, and in the end, irrelevant.  My
> personal view is that if you want a relevant ?waiting list?, you should try
> to invest it with more value.  This could mean (a) insist on an annual
> registration fee ($50???); (b) consistently invite waiting list members to
> your community events (e.g., special meals, lectures, game day, whatever);
> and (c) encourage list members to show up for work contributions, like a
> spring yard clean-up.
>
>       (3) The association ?approves? a buyer?  ???  I?ll hasten past all
> the ins and outs of fair housing law, but if you engage in ?approving? one
> buyer over another, you may inviting a discrimination law suit.
> Personally, I?d stay far away from anything that looks like the association
> ?approving? one  candidate, and ?rejecting? another.
>
> So: What do we do at Cornerstone?  We confess that we?ve heavily and
> shamelessly plagiarized from Ann Zabaldo at Takoma Village ? and we?ve
> established a ?marketing team? that ?helps? all of our willing sellers to
> sell their units.  Some of the activities of this team include ?
> Helping to advertise availability.
> Helping to ?show? the unit.
> Meeting with candidate buyers.
> Explaining participation expectations.  More specifically, emphasing that
> sustaining relatively low monthly dues is supported when community
> ?members? invest time in management and chores.
> Explaining social expectations.  More specifically, emphasizing that we
> value household-to-household reciprocity of helping out.  And getting to
> know (and respect) the backstories everyone brings with them.
> Helping candidates find the professionals ? vendor sources ? that can
> assist with the burdens of moving, and setting up a new residence.
> ? And so on.  All of which, (1) attracts households with communitarian
> instincts.  And (2), scares off households without.  We are NOT real estate
> attorneys or real estate brokers, and we don?t imply that we are.  But
> sometimes or often our ?help? is substantial, and grateful sellers may make
> a voluntary cash contribution (typically four figures, but one time, five)
> back to Cornerstone.
>
> ???????????
> Thanks,
> Philip Dowds
> Cornerstone Cohousing
> Cambridge, MA
>
> > On Jul 19, 2025, at 2:55?PM, Christine Cook Mania <
> christine.d.cook [at] gmail.com> wrote:
> >
> > We're forming a new cohousing community and we are thinking about how to
> > maintain the cohesiveness of the community when someone sells their unit.
> > We want to ensure the new buyer is committed to being an active
> participant
> > of the community and would like some review of the prospective buyer
> before
> > the sale is completed. We have come up with three different options:
> >
> >   1. One of the ideas we are considering is for our community to have the
> >   "right of first refusal" to buy the unit. For any community that does
> >   establish a "right of first refusal" on the sale of a unit, what do
> you do
> >   to actually exercise it?
> >   2. Another way is to maintain a waiting list of qualified buyers.
> >   3. And another way is to add something to our by-laws requiring the
> >   approval of the "condo association" of the buyer.
> >
> > We are curious to know what existing communities are doing?
> >
> > Warmly,
> > Christine
> >
> >
> > ___________________________________
> > Christine Cook Mania, MA, RYT-200
> > Check out my new book, *Vegan Minded: Becoming a Steward for Animals,
> > People, and the Planet <https://amzn.to/3LCD47t>.*
> > Learn more about my work at christinecookmania.com.
> > _________________________________________________________________
> > Cohousing-L mailing list -- Unsubscribe, archives and other info at:
> > http://L.cohousing.org/info
> >
> >
> >
>
>
>
> ------------------------------
>
> Message: 3
> Date: Sun, 20 Jul 2025 16:49:24 -0400
> From: "Bob Leigh" <bobleigh [at] twomeeps.com>
> To: Cohousing-L <cohousing-l [at] cohousing.org>
> Subject: Re: [C-L]_ Cohesiveness of community after a sale?
> Message-ID: <16304ac5-130d-46c8-ab60-13d56f6ed0b7 [at] app.fastmail.com>
> Content-Type: text/plain; charset=utf-8
>
> Phil:  you and I need to talk privately.  Our ROFR has indeed been used in
> the past; I'll look up the precise transactions if you want.  Also, how it
> works is different:  Cornerstone can assign a sale to someone from our
> waiting list as soon as the seller notifies us that they want to sell and
> at what price -- not just after the seller has a P&S in hand.
>
> All:  Phil has described some of the possible issues (seller's "freedom",
> fair housing, lenders).   However, his conclusion (delete the ROFR) is by
> no means universal at Cornerstone.
>
> Bob Leigh
> Cornerstone Village Cohousing
> Cambridge MA
>
> On Sun, Jul 20, 2025, at 8:53 AM, R Philip Dowds via Cohousing-L wrote:
> > Great question(s).  At Cornerstone Cohousing, we?re still working on
> > this (we?ll probably always be working on this), and don?t pretend to
> > have all the answers.  But I?ll share some of our experience and
> > thinking to date:
> >
> >       (1) We have ROFR built into our master deed from the year 2000.
> > The idea is that (a) Cornerstone can insist that sellers present the
> > association with a (partially redacted) purchase and sale offer, and
> > then (b) Cornerstone can ?take over? this offer by transferring it to
> > some other buyer we ?like better?.  Cornerstone itself never buys or
> > owns a unit, even transitionally.  But historically, we've NEVER USED
> > ROFR.  First, we tend to feel it?s intrusive on the ?private?
> > transaction of a valued friend and neighbor who wants to sell; and
> > second, we worry about stumbling on some prohibition of fair housing
> > law.  Meanwhile, we?re told that ROFR inteferes with reverse mortgages,
> > which potentially allow some of our older members to afford staying at
> > Cornerstone after they retire.  So:  We are currently looking at
> > removing ROFR from our master deed.
> >
> >       (2) Many communities seem to maintain a successful and useful
> > waiting list.  On the other hand, cohousing units do not turn over with
> > the same regularity as do ?ordinary? HOA units, so maintaining a viable
> > and relevant waiting list can be a lot of work, and in the end,
> > irrelevant.  My personal view is that if you want a relevant ?waiting
> > list?, you should try to invest it with more value.  This could mean
> > (a) insist on an annual registration fee ($50???); (b) consistently
> > invite waiting list members to your community events (e.g., special
> > meals, lectures, game day, whatever); and (c) encourage list members to
> > show up for work contributions, like a spring yard clean-up.
> >
> >       (3) The association ?approves? a buyer?  ???  I?ll hasten past
> > all the ins and outs of fair housing law, but if you engage in
> > ?approving? one buyer over another, you may inviting a discrimination
> > law suit.  Personally, I?d stay far away from anything that looks like
> > the association ?approving? one  candidate, and ?rejecting? another.
> >
> > So: What do we do at Cornerstone?  We confess that we?ve heavily and
> > shamelessly plagiarized from Ann Zabaldo at Takoma Village ? and we?ve
> > established a ?marketing team? that ?helps? all of our willing sellers
> > to sell their units.  Some of the activities of this team include ?
> > Helping to advertise availability.
> > Helping to ?show? the unit.
> > Meeting with candidate buyers.
> > Explaining participation expectations.  More specifically, emphasing
> > that sustaining relatively low monthly dues is supported when community
> > ?members? invest time in management and chores.
> > Explaining social expectations.  More specifically, emphasizing that we
> > value household-to-household reciprocity of helping out.  And getting
> > to know (and respect) the backstories everyone brings with them.
> > Helping candidates find the professionals ? vendor sources ? that can
> > assist with the burdens of moving, and setting up a new residence.
> > ? And so on.  All of which, (1) attracts households with communitarian
> > instincts.  And (2), scares off households without.  We are NOT real
> > estate attorneys or real estate brokers, and we don?t imply that we
> > are.  But sometimes or often our ?help? is substantial, and grateful
> > sellers may make a voluntary cash contribution (typically four figures,
> > but one time, five) back to Cornerstone.
> >
> > ???????????
> > Thanks,
> > Philip Dowds
> > Cornerstone Cohousing
> > Cambridge, MA
> >
> >> On Jul 19, 2025, at 2:55?PM, Christine Cook Mania <
> christine.d.cook [at] gmail.com> wrote:
> >>
> >> We're forming a new cohousing community and we are thinking about how to
> >> maintain the cohesiveness of the community when someone sells their
> unit.
> >> We want to ensure the new buyer is committed to being an active
> participant
> >> of the community and would like some review of the prospective buyer
> before
> >> the sale is completed. We have come up with three different options:
> >>
> >>   1. One of the ideas we are considering is for our community to have
> the
> >>   "right of first refusal" to buy the unit. For any community that does
> >>   establish a "right of first refusal" on the sale of a unit, what do
> you do
> >>   to actually exercise it?
> >>   2. Another way is to maintain a waiting list of qualified buyers.
> >>   3. And another way is to add something to our by-laws requiring the
> >>   approval of the "condo association" of the buyer.
> >>
> >> We are curious to know what existing communities are doing?
> >>
> >> Warmly,
> >> Christine
> >>
> >>
> >> ___________________________________
> >> Christine Cook Mania, MA, RYT-200
> >> Check out my new book, *Vegan Minded: Becoming a Steward for Animals,
> >> People, and the Planet <https://amzn.to/3LCD47t>.*
> >> Learn more about my work at christinecookmania.com.
> >> _________________________________________________________________
> >> Cohousing-L mailing list -- Unsubscribe, archives and other info at:
> >> http://L.cohousing.org/info
> >>
> >>
> >>
> >
> > _________________________________________________________________
> > Cohousing-L mailing list -- Unsubscribe, archives and other info at:
> > http://L.cohousing.org/info
>
>
> ------------------------------
>
> Subject: Digest Footer
>
> _________________________________________________________________
> Cohousing-L mailing list -- Unsubscribe, archives and other info at:
> http://L.cohousing.org/info
>
>
> ------------------------------
>
> End of Cohousing-L Digest, Vol 258, Issue 11
> ********************************************
>