ASSUMPTIONS

 

Conflicts are unavoidable in human relations. Our approach to them can be one that makes use of conflict as a means of building trust, creating innovative solutions to problems, and strengthening relationships. However, either avoiding conflict or approaching transformation adversarially, will destroy the essence of true community: interdependence based on trust and cooperation. We assume that the practice of gossip and other less productive forms of discussing conflicts and issues within our community will be discouraged. Our intention is to be direct and honest with each other, transforming our issues, concerns and conflicts in a clean and focused way.

 

PROACTIVE STRATEGY

 

While we recognize that conflict is inevitable, we can reduce the amount of conflict within the community through the open communication of values and feelings. We will therefore schedule regular meeting times (at least once annually) that specifically create an opportunity for open sharing of values and feelings amongst community members. We encourage members to air conflicts as they arise, both publicly in meetings as well as privately outside of meetings. In this way, there will be a greater level of transparency, tolerance, respect, empathy, and understanding created amongst members, all of which will help transform conflicts at Cobb Hill.

 

COMMUNITY CONFLICTS AND SMALLER INTERPERSONAL CONFLICTS

 

Often, conflicts that arise in the community will be between two or three people. Most of this document aims to address these types of conflicts. However, sometimes we will experience "group conflict" in which the many members of the community may be involved. For these larger community conflicts, we wish embrace the concepts of conflict transformation imbedded in this document -- and at the same time leave the process for addressing these conflicts more open and contextually appropriate.

 

CONFLICT TRANSFORMATION STRATEGIES

 

Conflicts may arise at any time, and there are a variety of strategies available to help work through them -- but for any strategy to work, all parties in the conflict must be committed to the process -- either within a community meeting or outside of a meeting. When conflicts do arise, the following strategies are offered and encouraged to maintain a healthy relationship with each other. The techniques employed in these strategies are detailed below under CONFLICT TRANSFORMATION TECHNIQUES.

 

COMMUNITY VALIDATION

 

Sometimes it is very valuable to have the community be a part of the Conflict Transformation Process. This approach is generally issue and individual specific, so this document will not prescribe or recommend a specific community component, other than to invite those involved in conflict (especially if third party assistance is utilized) to find a way to use the support of the community in transforming conflicts at Cobb Hill.

 

1) Unassisted Transformation

 

The parties involved resolve conflict by practicing CONFLICT TRANSFORMATION TECHNIQUES with no outside help.

 

2) Mediation

 

It is recommended that the parties in conflict first attempt resolution themselves, seeking third party assistance if resolution is not achieved. When seeking third party assistance, one option is to utilize a mediator from within the community who assists the parties in designing their own solution. We have competent mediators within our community.

 

3) Professional Assistance

 

Conflicting parties may choose to seek professional help in mediation and conflict transformation.

 

CONFLICT TRANSFORMATION TECHNIQUES

 

Keep in mind Personality Styles.

 

People come in all different flavors. All kinds of personality profile studies are available that can illuminate these differences, but for our purposes, suffice it to keep in mind that no two people ever share exactly the same perspective on an issue.

 

Principles vs. Positions

 

Principles are people's non-quantifiable, fundamental values. They run deep and have duration. For example, maintaining good nutrition.

 

Positions are measurable and specific to a given situation. They are more negotiable (hopefully). For example, wanting to create a 400 square foot vegetable garden.

 

ENVIRONMENT FOR TRANSFORMATION

 

A Safe Place

 

Find a neutral place that feels safe and comfortable to both of you -- free of stress, anxiety, interruptions, or distractions.

 

The Right Time and Enough Time

 

Set up a time for conflict transformation that allows you both time to cool down and prepare (see Personal Preparation below). Also, set aside plenty of time for the transformation session. Don't rush the process.

 

Someone You Both Can Trust

 

If you both choose mediation, mutually agree upon a mediator that you trust to be qualified and balanced.

 

MEDIATOR PREPARATION

 

As a mediator, you must:

 

Care about the people involved rather than the issues; yet remain balanced (multi-partial).

 

Be aware of your personal biases and projections.

 

Be willing to let the parties experience their own strength rather than feel like they are being "rescued."

 

But, not be so neutral that you erase yourself.

 

Facilitate, support, and defend the transformation process.

 

Be willing to share personal experiences and vulnerability when appropriate.

 

Trust your own intuitive knowing.

 

BASIC STEPS TO TRANSFORMATION

 

These steps are followed during the course of one or more meetings when you are working out the conflict on your own or when a mediator is involved.

 

1. Personal Preparation

 

Look inside yourself to become aware of your feelings and energy in regard to conflict in general and this conflict in particular and try to determine why.

 

Realize that you are all seeking healing. Imagine creating an outcome that achieves satisfaction for each of you -- one that enhances community for all involved.

 

2. Obtain Agreements

 

Agree on the process for conflict transformation.

 

Agree to stay in the relationship and make it better by resolving this conflict.

 

Agree to treat each other with respect.

 

No blaming or name-calling.

 

Openness to learn from other points of view.

 

Active listening and no interruptions.

 

3. State BOTH Initial Interests and Goals (Positions)

 

If a mediator is being used, you may find it helpful to address the mediator rather than each other.

 

Take turns, a few minutes each to state the way you experience the conflict.

 

Focus on specific incidents and don't drag up old unresolved issues.

 

No personal opinions from people not in the room ("Jane thinks so too . . ..").

 

Describe behavior and your feelings ("When you did X, I felt Y.").

 

Don't interpret other's behavior. Simply report what happened.

 

Some helpful questions:

 

Who has the conflict? (Who doesn't?)

 

Where is the conflict located? (Where does it not exist?)

 

How long has the conflict been brewing?

 

What was the first sign of the conflict?

 

What are the key events that got the conflict to where it's at now?

 

How does the conflict currently show up?

 

4. Restate Each Other's Initial Interests and Positions

 

Take turns, a few minutes each, to restate what the other said, highlighting the main points.

 

Concur that the restatements were complete and accurate. Make corrections if necessary.

 

Pause and silently reflect on how you now feel. Have you both been heard?

 

5. Continue Bringing Up Interests, Positions and Feelings and Begin Working on Solutions

 

Keep an open heart. Silently affirm the inherent goodness of the other.

 

Identify the underlying assumptions, beliefs, and information sources.

 

Identify underlying principles (vs. positions).

 

Identify areas of agreement and disagreement.

 

Each of you defines your success criteria:

 

"I will know this conflict is resolved to my satisfaction when . . .."

 

Strive for concrete, measurable criteria.

 

Brainstorm as many ways as possible to meet shared principles.

 

Mediator may help with this with the consent of both parties.

 

6. Summarize Points of Agreement and Produce a Solution

 

Create a solution that meets your success criteria and is as specific as possible, and therefore less subject to varying interpretations.

 

If appropriate, write it down and sign it.

 

Mediator reviews solution to ensure that it is doable.

 

Agree to maintain confidentiality of decision/process or communicate it only via explicitly agreed upon means.

 

Agree to follow up with each other at specific times.

 

7. Follow Up

 

Check on whether the resolution is being followed.

 

Revise it if necessary.

 

Discuss what is the most important thing that you learned from the conflict and what you might do differently in the future.

 

Celebrate!

 

 

RESOURCES

 

Creating Community Anywhere, Chapter 16.

Ecovillages and Sustainable Communities, pg. 163 - 166.

CoHousing Journal, fall 1994, "Handling Conflict", pg. 1

 

Adapted from Heartwood CoHousing

Approved 11 March 2000

 

Policy on Pets, Farm Animals, & Wild Animals

 

Definitions

 

Indoor pets -- animals (goldfish, gerbils, cats, zebras, whatever) that never leave the indoor premises of individual households.

 

Outdoor pets -- animals (cats, dogs, potbellied pigs, whatever) that spend time outside, whether free-ranging or leashed.

 

Barnyard pets -- animals (horses, sheep, goats, emus, whatever) that require barn space, barnyard space, grazing land, or fodder (such as hay) from common land and that do not contribute directly or indirectly to the livelihood or food supply of Cobb Hill members.

 

Farm animals -- animals (horses, cows, sheep, goats, chickens, etc.) that require barn space, barnyard space, grazing land, or fodder from common land and that do contribute directly or indirectly to the livelihood or food supply of Cobb Hill members.

 

Wild animals -- animals (deer, turkeys, coyotes, foxes, woodchucks, mice, rats, songbirds) that occur naturally on the land.

 

Carrying capacity -- In a natural sense, the number of animals of each species that can thrive in a geographical community without degrading its environment. In a social sense, the number of animals that can be enjoyed and cared for by the community without inducing strife over, for example, encounters with feces, love of untrammeled garden space, personal preferences of all sorts (i.e., birdwatching vs. catwatching).

 

Interests and principles we are trying to serve with this policy

 

We want to live in solidarity with animal companions, both wild and domestic, in our community and on our land. We want them to be healthy, to live natural lives, to live and die in dignity. We will not tolerate cruelty to animals.

 

We understand that nature operates through food chains and that balanced populations of animals at various levels of the food chain are necessary for the successful operation of both natural ecosystems and organic farms. We therefore agree to keeping farm animals, and to their use for milk, wool, and eggs. We will permit the slaughter of animals for meat, population control, euthanasia, or to protect farm animals from predation. However, we expect these measures to be carried out with responsibility, compassion, and skill, arising from deep relation with and respect for animals.

 

We shall strive to keep the populations of all animals on our land safely within both natural and social carrying capacities.

 

The intent of this policy is to impose management and behavioral standards that protect the safety, beauty, tranquility, sustainability, and health of the community, its neighbors and its animals. These standards will be stated in terms of expectations, rather than rules, out of respect for the relationships between individual humans and individual animals.

 

All animals impact the environment. Food and care for domestic animals require streams of food, packaging, transport, medicines and waste processing, which impact not only our own land and resources, but land and resources far away. Therefore, in keeping with our principle of sustainability, we will love animals, but bring them into our lives mindfully.

 

Our Policy

 

1. Indoor and outdoor pets already belonging to any household at the time of their move to Cobb Hill may be brought into the community. However, to ease the stress of both human and animal transitions, we recommend that pets not be brought to Cobb Hill, if another good home can be found for them. Barnyard pets and farm animals may be brought to Cobb Hill only with permission of the Land Use Committee.

 

2. No animals except for guide animals shall be admitted to the public areas of the common house.

 

3. Owners are strictly responsible for the good behavior of their animals and for ameliorating any damage caused by animals. Other residents are responsible for informing owners as quickly as possible about any animal-related problem. Other residents are also responsible for keeping other animals and children from provoking or hurting animals.

 

4. Animal-related grievances that cannot be settled quickly among some subset of community members shall be dealt with through the community's conflict transformation guidelines. The tenure of a pet whose behavior has resulted in more than three requests for community mediation in a one-year period shall be subject to community consensus, not including its owner.

 

5. Any animal that deliberately hurts or threatens a person or another animal (when unprovoked) shall be subject to immediate exclusion at the discretion of the Residents' Committee.

 

6. Visitors who bring animals to Cobb Hill shall be expected to abide by this policy.

 

Indoor Pets

 

7. Indoor pets are the responsibility of the household in which they live. Unless they cause complaint beyond the walls of their living unit, they are not the community's business. We urge all households, however, to consider the full sustainability implications of acquiring any indoor pet. (For example, the capturing of endangered species, the electricity or other forms of energy required for maintenance, the necessary food supply and where it comes from, the disposal of wastes, etc.)

 

8. Since indoor pets can escape, we expect indoor cats and dogs to be neutered and vaccinated.

 

Outdoor Pets

 

9. Based on its experience, the community shall set an upper limit for tolerable numbers of dogs, cats, and other outdoor pets. These numbers may be changed by decision of the Cobb Hill Residents Committee.

 

10. If the actual number exceeds this limit, then no new outdoor pets shall be brought into the community until attrition brings the population down below the limit. If the number falls below the limit, priority for households bringing in new pets will be established by the Residents Committee.

 

11. All outdoor pets shall be neutered and to have up-to-date protective inoculations.

 

Barnyard Pets and Farm Animals

 

12. Based on its experience, the community shall set an upper limit for the supportable number of barnyard pets and farm animals. These numbers may be changed by decision of the Cobb Hill Land Use Committee with the affirmation of the Owners Committee. If the actual number exceeds this limit, then no new barnyard pets or farm animals shall be brought into the community until attrition brings the population down below the limit.

 

13. If the limit permits new animals to come in, priorities shall be established by the Land Use Committee. Animals necessary to the livelihood or food supply of community members shall have priority over animals kept for recreation or as pets.

 

14. Owners are strictly responsible for the care of barnyard pets and farm animals and jointly responsible for disposing of their wastes in an ecologically and esthetically acceptable manner (to be approved by the Land Use Committee).

 

15. Owners will work with the Land Use Committee to come to an agreement about the allocation of fodder, grazing land, and barn space for barnyard and farm animals.

 

16. Owners will pay the community for their animals' use of common land and facilities, either in cash or in kind, according to agreements worked out with the Cobb Hill Owners Committee.

 

17. Owners are expected to make use of grazing and hay lands in ways that maintain or increase those lands' fertility and productivity and that protect water and wildlife resources.

 

18. Owners are responsible for fencing sufficient to contain the animals in a way that protects the animals and the community. Owners are responsible for ameliorating promptly any damage caused by these animals to buildings, fences, and land. The community is responsible for respecting fencing and gates and abiding by the animals owners' instructions with regard to keeping animals fenced and controlled.

 

19. Owners shall carry insurance policies sufficient to protect the community from property and liability damage attributable to barnyard pets and farm animals.

 

Wild Animals

 

20. We welcome wild animals and strive to preserve their habitats, especially in forest and wetlands. We will try to manage grazing and croplands in ways that encourage wildlife, as far as possible without threatening our crops, domestic animals, or livelihoods.

 

21. When it is necessary to protect crops, domestic animals, or built space from wild animals, we will do so as far as possible by nonviolent means (fencing, repellents, guard animals). However if necessary, and to the minimum extent necessary, we will kill wild animals in order to protect domestic animals, farm animals, buildings, people, and livelihoods.

 

22. Hunting by the general public is not allowed on our property. We may work out a hunting policy with neighbor hunters we trust, so we will know when hunters are on our land, know who they are, and know that the hunting will contribute to population balance and diversity of wild animals on our land.

 

23. We will especially protect endangered species on our land, insofar as we know of them and insofar as their protection is within our power.

 

24. We will permit the use of domestic animals in the control of wild animal populations within the building and garden areas of Cobb Hill. (For example, barn cats catching mice or dogs chasing woodchucks from gardens.) But we will limit our domestic animals’ interference with wild species by restricting their range and access to the wild habitats on our land, especially during seasons when their prey are bearing young.

Policy on the Allocation of Annual Operating Budget

Each expense line item that is included in the annual operating budget will be allocated to Owners according to criteria which reflect appropriate distribution of the expense. For example, expenses that are the equal responsibility of all Owners will be divided equally. Expenses which vary according to house size will be divided proportionately to square footage of Owners’ units. Expenses which vary per capita will be divided proportionately to number of persons in Owners’ households. Other distribution criteria may be used. The finance committee will propose the allocation method of each expense line item in each year’s annual budget proposal to the Owners.

The approved allocation methods for the 2001 budget follow.

Equally

 

1. •Audit/Accounting

2. •Legal

3. •Grounds

4. •Real Estate Taxes

5. •Property Insurance

6. •Tractor

7. •Barn Repair

8. •Other Farm Expense

9. •Operating Reserve

10. •Replacement Reserve

11. •Snow Removal

By Square Footage

1. •Wood

By Person

1. •Electricity

2. •Phone

3. •Propane

4. •Trash Removal

Policy on Land Use

Principles for Our Use of the Land and Buildings

1. We will strive to limit our activities to the carrying capacity of the land. Animal numbers and cropping intensity will change over time as we come to understand better the potential and limits of soil fertility and suitability of different species to different parts of the farm.

 

2. The way we work the farm and add value to its products should "make sense" in the context of our hoped-for contributions to the vitality of the region's agriculture and rural economy.

 

3. As much as possible, we will seek relationships with other neighborhood farmers in order to learn from them and to explore opportunities to work together. This might include machinery sharing, custom work, shared processing of milk or other products, and shared marketing.

 

4. The farm will be available for enterprises intended to earn income, for growing food and other products to be consumed in the community, and for enjoyment.

 

5. Those who are granted use of the common property for particular enterprises will be assured this use will have a security of tenure and not be arbitrarily rescinded.

 

6. All significant construction or repair of buildings will be subject to community discussion and decision in order to maximize community member involvement in the farm operations even if all community members are not involved in a day-to-day manner.

 

7. Use of the land and construction and repair of buildings also need to be consistent with community desires for an aesthetically pleasing environment.

 

Guidelines for Land and Building Use

 

1. We will manage the farm as a unified whole. Even though different members will use the land and buildings for distinct enterprises, we will always try to integrate these enterprises for mutual benefit.

 

2. We hope to share tools as much as possible, and we will arrange training in safety and maintenance as needed. Some tools will only be available for common use if the "borrower" is trained and agrees to follow procedures that are safe for both user and tool.

 

Guidelines for Investments and Financial Relationships

 

1. If all community members decide to participate in financing a capital improvement, like a farm shop or a farm retail space, those expenses will become common costs.

 

2. If only a subset of community members wish to invest and use a capital improvement, like a greenhouse or walk-in cooler, then such a facility would be financed by this subset of members although its construction would still need to be approved by the entire community. Community members might own shares in such a facility in proportion to their financial contribution. Such an arrangement, shares in an enterprise, might need to be open to more people investing over time.

 

3. The community might be recompensed for use of commonly owned assets in proportion to the "use value" of those assets. In other words, bottom land has a higher use value than hillside pasture, and sugar bush has a higher use value than the balance of the forest. Compensation could be in-kind or cash, and it could be off-set by investments made by those using assets (for example, investments in barn repair, soil fertility, pasture mowing, tree thinning).

 

4. All enterprises using common assets and intended to earn income for community members should have a business plan and prepare annual financial reports that may be monitored by the Land Use Committee and available to the CH Owners Committee.

 

5. Both cash investments and labor contributed to the "common good," (such as repair of buildings, mowing grass, planting and weeding common flower beds) could be paid from common funds or could be donated. Either way, this should be clear. If community members expect to be recompensed, their contributions should be agreed upon by the community membership before being made.

 

6. The entire community might choose to make investments in machinery or buildings even if such investments benefit only a few community members. Such investments might flow from our common desire that the farm contribute to the livelihood of community members and the vitality of the region.

 

7. Some community members may wish to make investments in the form of gifts to the community, like building a sauna or hottub, and such gifts will become the property of the entire community.

 

8. When community members sell their homes and leave the community, their shares in structures or enterprises owned by them may be sold to community members or gifted to the whole community. The community is not obligated to "buy out" investments from members leaving the community unless those investments have become common costs by consensual agreement.

 

Guidelines for Relationships Between Enterprises and Community

 

Enterprises such as the organic vegetable operation, the dairy, cheese-making, sugaring, and the art association each benefit the overall community and each benefit from using assets of the community. We will strive to develop, over the years, a mutuality of support between the enterprises and the community as a whole. The LUC suggests that this mutuality of support is difficult to calculate in dollars, particularly during these early years. If we were to calculate a quid pro quo in dollars, enterprises would get "credit" for many improvements in buildings, soil fertility, and other improvements. Many of these credits are difficult to distinguish between use value and value accrued to capital. Consequently, because each enterprise is investing heavily in building adaptation, equipment, and/or land fertility, cash payments for rent are not required for the first two years of our community. Lease arrangements with enterprises will be reviewed and potentially renegotiated in January, 2003. Enterprises are encouraged, meanwhile, to make in-kind contributions to community members--syrup, cheese, or produce, for example--to increase the goodwill and a sense of common ownership.

 

At the beginning of each year, enterprises shall make available annual financial reports to the LUC so that this quid pro quo can be discussed and periodically evaluated. These financial reports should include an accounting of capital investments, depreciation, income and operating expenses. No annual rent payments shall be required until capital improvements that increase the value of community assets have been absorbed by each enterprise. Enterprises shall pay the expenses of liability insurance and shall be responsible for maintaining those portions of the buildings, cropland, and pastures they use. The community shall pay for those maintenance expenses that protect the structural integrity and weatherproof skin of buildings.

 

Guidelines for Decision-Making and Communication About Land and Buildings

 

1. The Land Use Committee (LUC), subject to final decisions by CH Owners Committee, will have responsibility for developing an overall plan for use of the farm and forest, guided by lessons from the land, and annually adjusted to allow for changing needs. This emerging plan will be very fluid during the first few years as individual visions and needs evolve and as we learn from the land. The LUC invites full community participation in shaping our shared vision and common purposes for the farm and forest.

 

2. Individual, family and group garden space will be available to all community members, and the LUC will coordinate these needs on both bottom land and hillsides so that plantings are complimentary and consistent with our overall farm plan.

 

3. Similarly, landscape plantings and other improvements to the space around our homes will be at the discretion of homeowners, but should be consistent with an overall plan developed by the Landscape Committee. We seek to encourage both creativity and unity.

 

4. When members use the land and buildings for distinct, individual enterprises, we will try to integrate these uses for mutual benefit.

 

5. Many uses of land and buildings will be for non-commercial purposes. Some such uses require LUC discussion and some do not.

 

a. Individuals may do what they want in areas where such activity will not interfere with the use, safety or aesthetic values of other members. This includes the areas around individual houses, the individual garden areas, and such activities as picking wildflowers selectively, gathering wild plants, grape vines, etc.

 

b. Some individual projects will have a modest impact on the entire community and need to be reviewed by the Land Use Committee, such as planting bushes, small trees, perennials, using small saplings for individual arbors or art projects, etc. These activities should be reviewed by the Landscape Committee, the Forestry Committee or other appropriate community group.

 

c. Large projects need community decisions, projects such as major renovations to farm buildings, new greenhouses, signs, a sauna, water projects, big plantings.

 

6. We anticipate issues of "rub" between enterprise needs and community needs. Some enterprises will have particular needs that require restriction of community use of barns, to protect sanitation or animals, for example, and the LUC will attempt to find solutions that meet everyone’s needs in a mutually respectful manner. The LUC will attempt to identify and negotiate conflicts over all land and building use issues, including use, access, tool management, and safety. If conflicts are not resolved in the LUC process, the approved Conflict Resolution Process from the CRA will be employed.

Common Rules and Agreement, Sale of Unit

    The Cobb Hill Bylaws Article IV.2.C. states “The Corporation shall have the power, through the Common Rules and Agreements, to establish a procedure or formula for determining the sale price of a Common Share and/or housing Unit in the Community.  For any Outgoing Household the applicable pricing procedure or formula shall be the same procedure or formula that applied when that Household entered the Community, unless an alternative is negotiated that is agreeable both to the Outgoing Household and the Owners Committee.”

    The terms of the original CRA accepted by the community in 2001 were subsequently written into our Declaration using new wording drafted by our attorney.  In order to maintain consistency between the Declaration and the CRA the wording of the Declaration is incorporated below.

    Each member of the Community may only sell a unit in accordance with the following limited equity resale terms:

    At such time as any Owner desires to sell his unit, he shall mail, by certified mail, return receipt requested, or hand-deliver to the Association Secretary a Notice of Intent to Leave.  Any applicable time deadlines set forth in this Declaration shall be measured from the Association's date of receipt of said Notice.

    Thereafter, The Association shall have ninety (90) days from the date of receipt of the first, or if applicable, the second appraisal referenced in Section 12a-3 below, to purchase the property at the option price determined below, or to assign its right to purchase to a third party purchaser designated by the Association, with a closing to said third party to occur within said ninety (90) day period.

    The Association's repurchase price will be determined with reference to a licensed appraiser who shall determine the full fair market value of the unit.  (For the purposes of this Article XII(A) the "Unit" shall include the physical unit together with the Unit Owner's allocated interest in all of the common interests and lands of the Community.)  The parties shall make a good faith effort to choose the appraiser within five (5) days of the receipt of the Notice and both parties shall provide the appraiser with relevant records and information which the appraiser may require and shall share equally in the cost of the appraisal.  In the event that either party is displeased with the appraisal, either may obtain a second appraisal at his own cost and expense. If, following the completion of the second appraisal, there is still disagreement over the value of the unit, the two appraisals will be averaged to determine the final repurchase option price.  If either party does not agree to an averaged price, the procedures contained in the Association Common Rules and Agreements with regard to the resolution of conflicts shall be used to determine a repurchase price, with the option of seeking an additional appraisal if the two original appraisals differ significantly.

    In the event that the Association does not exercise its right of repurchase within said ninety (90) day period, Unit Owner shall be free to sell to any third party at any price.  However, in that event, the Association shall have a fifteen (15) day right of first refusal to purchase the unit upon the same terms and conditions as are contained in the third party purchase and sale agreement except for a closing date which shall be the later of the date set for closing in the purchase and sale agreement or thirty days from the Association's date of exercise.  In the event of such third party contract, Unit Owner shall send or hand-deliver a letter to the Association and the Association shall have fifteen (15) days from the date of receipt to notify Unit Owner of its exercise.

    In the event of a sale to the Association or its designee or assignee or to a third party purchaser, the Unit Owner shall pay to the Association fifteen (15%) percent of Unit Owner's net profit from the sale calculated by subtracting Unit Owner's adjusted cost basis from the sale price less sale-related closing costs.  Unit Owner's adjusted cost basis shall be calculated as follows: Original Purchase Price adjusted for Inflation, Plus Purchase Closing Costs, Plus  Capital Improvements adjusted for Inflation equals Unit Owner's adjusted Cost Basis.

    For the purposes of this Section "adjusted for inflation" means that the adjusted purchase price shall be determined by taking the Consumer Price Index U.S. Housing, 1982-84=100 - Series ID CUUR0000SAH, (hereinafter CPI-US Housing) or similar index, for the year of sale, and dividing it by the CPI-US Housing for the year of purchase and multiplying the resulting figure by the original purchase price.  Closing costs mean the normal and customary closing costs incurred by buyers and sellers in home purchases such as recording fees, sale related attorney fees, property transfer tax, and realtor's commissions.  Closing costs do not include pro-rations or other adjustments between buyer and seller.  Capital improvements mean those improvements authorized under the procedures set forth in 12a-5 above.

    In order to have any Capital Improvements added to a Unit Owner's cost basis for the purposes of calculating a Unit Owner's Net Profit, Unit Owner must, prior to undertaking any major improvements for which the Unit Owner desires to receive a Capital Improvements Credit, seek the approval of the Association in accordance with the Common Rules and Agreements of the Community.  In order to receive a Capital Improvements Credit, Unit Owner must submit to the Association all paid invoices for labor and materials specifically related to the approved improvement.  The credit shall be the sum of all of the payment amounts reflected on the invoices and said credit shall be adjusted for inflation commencing on the date that the last such invoice for any capital improvement project is submitted to the Association. The inflation adjustment shall be determined in the same manner as it was for the original purchase price.

    This limited equity restriction shall apply to all units in the Community but shall be automatically subordinated to any housing subsidy covenant prepared in accordance with 27 V.S.A. §610 and any mortgage given to a bank, mortgage company or any other institution typically engaged in the business of making residential home loans

Policy on Membership Waiting List

A waiting list of committed, informed and aligned people desiring to move to Cobb Hill is important for the future of our community. During the project development years that led to the first set of unit owners, we experienced the importance of becoming well acquainted with each other as a prerequisite to the commitment to purchase a home at Cobb Hill. Our emphasis has been on the alignment of potential members with explicit principles that underlie this community. The following set of intentions and process steps for a Waiting List reflect this experience. The emphasis is on opportunities to know future members through participation in work, social events, and meetings, culminating in an exploration meeting that would lead to mutual clearness about placement on an official waiting list. Intentions

 

1. To relate to all those who approach us with an interest in joining the community with fairness and respect.

 

2. To assure that residential members will fit well with our community's functioning and mission.

 

3. To ensure that the community and its working farm will successfully survive beyond the founding generation, special consideration may be given to relatives and renters along with age, skill, and diversity needs of the community.

 

4. To maintain at least three subsidized units for families also meeting income guideline

Process

1. There are many ways to get to know Cobb Hill, especially through informal contact with Cobb Hill members. When an individual or family's interest focuses on the idea of eventual Cobb Hill home ownership, the first step is to contact someone on the membership committee who will serve as a contact person. The contact person will make sure that the interested party receives an orientation to Cobb Hill. After the orientation, the contact person will keep this potential future member informed of opportunities to interact more with Cobb Hill by passing on notices of open meetings, meals, social events, and work days. If the idea of membership continues to be appealing, the potential future member should inform the contact person of this fact and declare a desire to begin a formal exploration process for the waiting list.

 

2. The formal exploration process will include a financial clearness and introduction to the Cobb Hill by-laws, CR&A's, and other material that helps the newcomer understand Cobb Hill history and commitments. An exploration meeting will be held with the potential future member(s) and as many current members as possible. If the outcome of the exploration is mutually positive, the individual or family is officially placed on the waiting list for a Cobb Hill unit.

 

3. After going through exploration, the individual or family will have a designated contact person. It will be the responsibility of the potential member to make sure there is regular contact with Cobb Hill. It is the responsibility of the contact person to make a potential member aware of opportunities for contact and participation through visits, work project, social events, email, and meetings.

 

4. A second exploration may be requested by either the family or the community when the opportunity to join the community occurs.

 

5. Cobb Hill owners will have the opportunity to buy and move into a vacant unit before it is offered to the waiting list. Several Cobb Hill owners may want the unit coming up for sale. Practical considerations such as the size or location of the unit may give a clear indication that this unit is more appropriate for one of these Cobb Hill households. However, if there are no clear practical indicators, the decision will be worked out through a group process involving the community in a search for the optimal resolution.

 

6. Waiting list order will be established and maintained by date of exploration, with the order occasionally subject to special considerations for relatives and renters along with age, skill, and diversity needs of the community.

 

7. A renter who has a place on the waiting list may be living at Cobb Hill and integrated into the life of the community at the time a sale occurs. The renter would have special consideration, but would not automatically be given the option to buy a unit that is for sale.

 

8. Relatives of current community members who have a place on the waiting list would receive special consideration, but would not automatically be given the option to buy a unit that is for sale.

 

9. A person or family may go through the process to be put on the waiting list although they have commitments that would prevent them from moving to Cobb Hill for many years.

 

10. A unit cannot be purchased by someone on the waiting list until they are at a point, (or reasonably close to it), of being able to move into the community.

 

11. If this waiting list is perceived to be too long, a second waiting list will be established with people who have not gone through the exploration process but have expressed an interest in doing so.

 

12. Information about a family's status on the waiting list, as well as the waiting list policy, will be available to those seeking membership at Cobb Hill.

 

13. The waiting list will be reviewed and updated annually at the august community meeting.

Waste Stream Policy on Septic System Usage, Recycling, Trash and Composting

Principles

Waste is essentially unknown in natural systems. As a community living on land, we accumulate and modify a large amount of material which becomes potential waste. That portion of it which can not be reused onsite, biotransformed or recycled offsite we call waste. A guiding principle of our community, that of sustainability, is generally best achieved by emulating natural systems wherever possible. Our commitment as a community is therefore to minimize waste and to treat the unavoidable waste which we do generate with awareness and skill to minimize its impact on the health of our land, its soil, its plants and animals, ourselves, our community and the larger biosphere.

 

Two aphorisms capture much of the philosophy of our waste management approach; "reduce, reuse and recycle". and " follow your own waste stream".

 

Our recycling and trash systems will be organized around individual households initially because we feel that it is the best way to make a quantitative assessment of our own habits in regard to the generation and conversion of potential waste.

General

A Waste Management Committee will be responsible for handling practical matters associated with these CR&As. This committee will monitor ongoing efforts of the community to implement these rules, revise them as needed and present changes to the community for approval, oversee maintenance of the septic system, distribute current regulations from our recycling center, announce special collections of waste materials, keep up with new markets for potentially recyclable materials and report to the community at regular intervals.

Septic System

1. As a community we will minimize the effluent through our septic system by using only that amount of water needed to accomplish the cleaning and washing functions in our sinks and will be frugal in our use of water for showers and bathing.

 

2. We will use environmentally benign cleaning products. These include phosphate free soaps, and simple surface cleaners such as vinegar and ammonia in preference to strong detergent based cleaners.

 

3. Sanitation should be accomplished without the use of Chlorine bleach (unless mandated by law for business applications)

 

4. Non-degradable insoluble materials such as bones, grease, manufactured plastic and paper products such as tissues and tampons must not be allowed to enter the septic system.

 

5. Diapers should be either disposable, cleaned offsite or very carefully cleared of fecal material into our composting toilets before being washed in washing machines.

 

6. Disposal of liquid toxic materials in the septic tank must be avoided. Strong bleach, acids, paints, mineral oil and other solvents, motor oils, pesticides, herbicides, antibiotics, photographic chemicals must not be disposed of in the septic system or through the basement drains. They must instead be taken to local facilities which are charged with their safe disposal.

 

7. Any business using the common septic system shall produce a waste management plan detailing any materials that may enter the system which will satisfy requirements of the Environmental Conservation Agency and Act 250 permitting. Businesses will also need to furnish solid waste and recycling plans to the community if they generate a significant amount of trash, compost or recyclables.

 

8. Regular inspection and maintenance (pumping) of the septic tanks should be performed under guidelines drawn up by a Waste Management Committee.

Recyclables

1. We will minimize waste by carefully choosing what we bring into the community paying special attention to packaging. Whenever possible we will purchase in bulk or choose reusable, compostable or recyclable forms of packaging. We will also favor products that have been been made from recycled materials and/or can be reused onsite.

 

2. Each individual household shall be responsible for sorting potential waste into those categories of materials that can be accepted for recycling at The Hartford Community Center for Recycling. Guidelines for preparation of recyclables (washing, rinsing, compression etc.) shall be in conformance with recommendations of the HCCFR.

 

3. A current copy of the above guidelines will be furnished to each household by the Waste Management Committee. Each household will keep these guidelines in a readily accessible place for reference by household members and guests.

 

4. Toxic materials and hazardous wastes should be disposed of according to Hartland Community rules. The waste management committee will notify residents of special collections and toxic roundups as they are announced.

 

5. Individual households are encouraged to share trips for recycling and trash disposal.

Trash

 

1. Each household will store its trash in appropriate sealable containers within its own building.

 

2. Individual households within a pod (no more than 5 households) may choose to store their combined household trash in animal proof containers in an area designed for this purpose. No more than one outside receptacle per household of less than 40 gallons capacity is allowed. These receptacles should be of a size and number that they can be transferred to a receiving facility by a vehicle which is available to members who use them.

 

3. Residents are responsible for assuring that no trash accumulates outside their own structure or the shared containers.

 

4. Trash shall not contain recyclables, compostables, liquids or hazardous materials.

 

5. Construction and demolition waste generated by common community actions will be disposed of as soon as possible.