Cohousing-L Mailing List: Enforcing CC&R's

[Melanie Mindlin (sassetta]

I was inspired by recent conversation to ask the group about enforcing CC&R’s 
that might limit who can buy. We are a small Cohousing community (13 units) and 
depend on active participation to care for the community. 

Our original lawyer-drafted CC&R’s state, "A potential buyer must read and 
acknowledge in writing their understanding of and agreement to comply with the 
Bylaws, CC&Rs, Rules & Regulations and other appropriate documents. A buyer 
must also attend an orientation process to be determined by the Association.”

For the last 18 years since founding, we forgot about this requirement and did 
not enforce it, although we pressed for lots of contact with potential buyers. 
In the last few years, we have had a couple of people come who denied having 
seen (or at least read) our policies before purchase, and did not want to 
comply with our requirements for participation. One denied that they should be 
required to pay as an alternative, even within a pay or play policy for work 
days. In one case, it was real estate agents who obstructed our ability to 
contact and work with the Buyer while in escrow.

Consequently, we have been discussing enforcement of this part of our CC&R’s. 
Inquiring of a Title Company whether they might have a role in this, they 
denied any responsibility. We have often heard that our only enforcement 
recourse is to fine a member who is not in compliance with our rules. It has 
been proposed that we make the Seller of a home responsible for fulfilling this 
requirement with a hefty fine levied at Close of Sale if they do not.

Some in our community doubt that this is wise, or possibly even legal. Does 
anyone have thoughts about this? Do you have any similar policies and how do 
you make sure it happens?

Thanks,
Melanie Mindlin
Ashland Cohousing