ELS3/OperatingAgreements

From WikiDotMako

Proposed Structure

  • *Phase 1* (current): Each of us asynchronously read through suggested resources or equivalent, and add proposed bullets of policies we see as relevant contingencies.
    • will - not yet
    • lucy - done w/ first pass
    • bryan - not yet
    • mako - not yet
    • mika - not yet
  • Phase 2: Each of us take a pass through the assembled list, and flag any policies we see as needing discussion or which we don't think we want in place.
  • Phase 3: We schedule a synchronous session to go through flagged points to reach acceptable compromises.

Proposed Policies

  • How decisions are made
  • Dispute resolution
  • Grounds for expulsion
  • Governance-related record-keeping
  • Renters
  • Subleasing
  • Additional members
    • What to do if marriage or divorce?
    • What to do if new residents who are partners?
    • What to do if one of us has children? Adopts a child?
    • What if one of us becomes caretaker to an aging parent?
    • What about pets?
  • Limits on sales by a member
  • Limits on use of the property
  • How do rights apply to new construction on property? ADU?
  • 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
  • Contingencies for late / failure to pay
  • Planning for high cost expenditures (renovations, roof, sewer etc)
  • Do major repairs/replacements need member approval? How many? Costs?
  • Contingencies for major unplanned costs not covered by insurance (asbestos, flooding etc)
  • Worst case scenarios
    • Death of member
    • Incapacitation of member
    • Harassment/Protection orders/Restraining orders between members?
    • Natural disaster destroys house
    • Zombie apocalypse


Resources

Condo Association handbook https://www.condolaw.net/wp-content/uploads/sites/560/2022/02/2019_Condo_Law_Handbook_for_Community_Associat.pdf

WUCIOA https://app.leg.wa.gov/RCW/default.aspx?cite=64.90&full=true

Sample worker coop bylaws https://institute.coop/sites/default/files/SampleWorkerCooperativeBylaws.pdf https://www.co-oplaw.org/knowledge-base/cooperative-bylaws/#Sample_Bylaws

Sample cohousing operating agreement https://docplayer.net/17757078-River-edge-cohousing-llc-1-operating-agreement.html


Misc / Not fully structured thoughts

  • Our friends on the east coast thought of a few unlikely scenarios that we may/may not need to think about. For example, if any of us decides to have kids, what kind of rights would the kids have?