Editing ELS3/OperatingAgreements (section)

== Discussion of Proposed Policies ==
[Related to all these, I prefer that we make rules only for financial decisions (direct (e.g., mortgage) or indirect (sublet)). Thoughts? [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 22:23, 18 February 2024 (CET)]

* How decisions are made
** majority vote proposal 
*** Any member may propose an action to be taken on behalf of the entity by messaging the action to the full set of members on an approved communication channel.
*** If nobody else contests the action within a week from receiving it, it is considered ratified.
**** unless other people cannot be contacted (e.g., being offline/in remote places) during that period? maybe a different rule for house emergency? [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 19:03, 17 April 2024 (CEST)
*** If everyone affirms the action, it can be ratified sooner.
*** If anyone else contests the action it will be brought to a vote of the membership.
*** In the event of a tie, the proposal fails.
** [[wikipedia:Consensus decision-making|consensus decision-making]] or some sort of variant
*** I'm happy to propose something more concrete but the idea not that everybody needs to agree/support but that we shouldn't move forward if somebody feels strongly enough that they are absolutely opposed. Probably every should read some aobut consensus decision-making in order to make this work. We could do some modified systems like consensus-minus-one or a situation where a person can block, but only once ''ever''. Basically, if somebody was ''seriously seriously'' against something, I don't want to move forward with it as part of a majority vote. —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:05, 18 February 2024 (CET)
*** I also like consensus decision-making and knowing us, I feel this is possible to do. I'm averse to the idea of people being able to oppose e.g., once every ten years. Speaking for myself, I'll most likely "ok" any group decisions but want to be heard for my concerns and I ask people to actually consider any concerns raised by any members of the community, regardless of the final decisions.  [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 22:23, 18 February 2024 (CET)
*** Perhaps, all we need to decide is how we make decisions; almost everything in the following could follow the rules in this section? [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 22:23, 18 February 2024 (CET)
*** Generally speaking, I prefer less rules, more trust in our ability to accommodate and be considerate to other people's needs, as we've done so far. Things will not always be perfect and not equal for all community members but achieving equity through legal rules seems dystopian to me. [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 22:23, 18 February 2024 (CET)
*** I support consensus decision-making [[User:Terminator|lucy]] ([[User talk:Terminator|talk]]) 01:42, 12 March 2024 (CET)
* Dispute resolution
* Grounds for expulsion
* Governance-related record-keeping
** All actions taken on behalf of the entity will be kept durably by the designated secretary, and will be made available on request to any member.
** perhaps rotate this role? [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 22:23, 18 February 2024 (CET)
** use wiki [[User:Terminator|lucy]] ([[User talk:Terminator|talk]]) 01:42, 12 March 2024 (CET)
* Renters 
** the Entity may offer rooms for rent.
** It'd be good to discuss who rents the room (as we've done in the past)? [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 22:23, 18 February 2024 (CET)
** how do renters participate in decision-making? [[User:Terminator|lucy]] ([[User talk:Terminator|talk]]) 01:42, 12 March 2024 (CET)
* Subleasing
** A member may propose to sub-lease their share of the LLC.
** Such a proposal requires unanimous approval by membership to be valid.
*** SGTM —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:28, 18 February 2024 (CET)
* Additional members
** In general, addition of a new member to the LLC requires unanimous membership approval.
*** SGTM —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:28, 18 February 2024 (CET)
** To keep things simple, I have a slight preference to not add a new member unless it becomes financially necessary (e.g., permanent departure of an LLC member)? We can still rent out a room for temporary housemates but I'm less interested in expanding the coop, at least for now. I may change my mind later though. [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 22:23, 18 February 2024 (CET)
** What to do if marriage or divorce?
** What to do if new residents who are partners?
*** I think they should be added in the same way we make other decisions. —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:05, 18 February 2024 (CET)
** What to do if one of us has children? Adopts a child?
*** Kids get live in the house but don't become decision-making members except through the normal unanimous thing? —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:05, 18 February 2024 (CET)
** What if one of us becomes caretaker to an aging parent?
*** Normal process of addition? —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:05, 18 February 2024 (CET)
** What about pets?
*** Not allowed except with consensus by the group. —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:05, 18 February 2024 (CET)
* Limits on sales by a member
** A member may give notice to the LLC of their intent to withdraw
*** A member may choose to withdraw their governing shares while maintaining their financial stake, such that they receive that fraction of the ultimate value of the LLC upon dissolution.
*** The LLC may propose a successor to purchase the stake from the member before it is allowed to be put on the public market. The member may choose to pay for an independent valuation of their shares to be determined. This successor may be the LLC itself.
**** I'm not sure if these bits cover it already but Mika thinks it's important that if somebody is in a very bad financial situation and needs money within weeks (a week?) there should be some path for this. Even if it's only the money they have already put in, that seems like something we should be able to support. —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:28, 18 February 2024 (CET)
**** As I mentioned before, I prefer that we make an effort to make an offer only for places that any one group can take over (e.g., Mako and Mika together), so that we can be more flexible when emergencies occur to any community member... [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 22:23, 18 February 2024 (CET)
* Limits on use of the property
** I'm not sure what this should be beyond what the house is zoned. I guess there are lots of ways people might use the house (e.g., running a hotel/Airbnb, etc) that I would want to restrict, but I feel like we could deal with that with the normal decision-making process. No?
** +1 no hotel/airbnb
* How do rights apply to new construction on property? ADU?
** Only possible with the normal decision-making process? —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:28, 18 February 2024 (CET)
* Common areas vs private areas?
** Residents can make improvements or alterations to their personal living space area that don't affect the rest of the community
** Two residents may swap personal living spaces without community approval
** Maybe bigger changes to common space and such require consensus? I'm not sure how to define bigger changes but presumably new constructions.
** Do we need to make a rule about this, at least when it's just the core people who've lived together (BLMMW)? [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 22:23, 18 February 2024 (CET)
* Contingencies for late / failure to pay
** Folks should try to come up with a plan with the group? If that can happen, what are our options? —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:28, 18 February 2024 (CET)
* Planning for high-cost expenditures (renovations, roof, sewer etc)
** We split equally, no? —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:28, 18 February 2024 (CET)
** Sounds good to me [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 22:23, 18 February 2024 (CET)
** how do we want to arrange large-cost expenditures? (yearly) upfront contributions? or fundraise at the time? i'm pro contributing to a pot of money for large-cost expenditures, and as an emergency fund for covering yearly expenses if needed [[User:Terminator|lucy]] ([[User talk:Terminator|talk]]) 01:42, 12 March 2024 (CET)
* Do major repairs/replacements need member approval? How many? Costs?
** Sure, why not? —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:28, 18 February 2024 (CET)
* Contingencies for major unplanned costs not covered by insurance (asbestos, flooding etc)
** Split, no? —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:28, 18 February 2024 (CET)
** Sounds good. [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 22:23, 18 February 2024 (CET)
** could be covered by the emergency fund ^ [[User:Terminator|lucy]] ([[User talk:Terminator|talk]]) 01:42, 12 March 2024 (CET)
* Worst case scenarios
** Death of member
*** Upon joining, members must designate if they intend for their shares to be willed to the LLC or to another beneficiary.
*** If they choose the LLC, their shares are returned to the LLC
*** If they choose another beneficiary, their shares are put in trust. The LLC must attempt to buy those shares at fair-market value within the following year, and remit the proceeds to the designated beneficiary. If this cannot be done, procedures for liquidation/insolvency should be followed.
** Incapacitation of member
* What are the options/suggestions here? —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:28, 18 February 2024 (CET)
** Harassment/Protection orders/Restraining orders between members
*** A member may request the removal of another member through standard governance process.
**** If we use a consensus problem, the person who is being decided against (obviously?) shouldn't get a vote. —<b>[[User:Benjamin Mako Hill|<font color="#C40099">m</font><font color="#600099">a</font><font color="#2D0399">k</font><font color="#362365">o</font>]][[User_talk:Benjamin Mako Hill|<font color="#000000">๛</font>]]</b> 20:28, 18 February 2024 (CET) 
*** I think this kind of issues may become more important if we add more permanent members? If it's already a problem or if someone thinks it's likey to become a problem among the existing members, we should halt the house shopping process and discuss this first. [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 22:23, 18 February 2024 (CET)
** Natural disaster destroys house
*** No special policy needed
*** No insurance available? [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 22:23, 18 February 2024 (CET)
*** we should probably get reasonable coverage [[User:Terminator|lucy]] ([[User talk:Terminator|talk]]) 01:42, 12 March 2024 (CET)
** Zombie apocalypse
*** No special policy needed
*** Consult with a zombie epidemiologist [[User:Mika|Mika]] ([[User talk:Mika|talk]]) 22:23, 18 February 2024 (CET)