Advance Praise for Creating a Life Together

Home , Cohousing, Coop (Italy), Do it yourself, Earthaven Ecovillage, Ecovillage, Ernest Callenbach

Before aspiring community builders hold their first meeting, confront their first realtor, or drive their first nail, they must buy this essential book: it will improve their chances for success immensely, and will certainly save them money, time, and heartbreak. In her friendly but firm (and occasionally funny) way, Diana Christian proffers an astonishing wealth of practical information and sensible, field-tested advice.

—ERNEST CALLENBACH, AUTHOR, ECOTOPIA AND ECOTOPIA EMERGING

Wow! The newest, most comprehensive bible for builders of intentional communities. Covers every aspect with vital information and dozens of examples of how successful communities faced the challenges and created their shared lives out of their visions. The cautionary tales of sadder experiences and how communities fail, will help in avoiding the pitfalls. Not since I wrote the Foreword to Ingrid Komar's Living the Dream (1983), which documented the Twin Oaks community, have I seen a more useful and inspiring book on this topic.

—HAZEL HENDERSON, AUTHOR CREATING ALTERNATIVE FUTURES AND POLITICS OF THE SOLAR AGE.

A really valuable resource for anyone thinking about intentional community. I wish I had it years ago.

—STARHAWK, AUTHOR OF WEBS OF POWER, THE SPIRAL DANCE, AND THE FIFTH SACRED THING, AND LONG-TIME COMMUNITY MEMBER.

Every potential ecovillager should read it. This book will be an essential guide and manual for the many Permaculture graduates who live in communities or design for them.

—BILL MOLLISON, COFOUNDER OF THE PERMACULTURE MOVEMENT, AND AUTHOR, PERMACULTURE: A DESIGNER'S MANUAL

Creating a new culture of living peacefully with each other and the planet is our number one need—and this is the right book at the right time. Creating a Life Together will help community founders avoid fatal mistakes. I can't wait to tell people about it.

—HILDUR JACKSON, COFOUNDER,GLOBAL ECOVILLAGE NETWORK (GEN); CO-EDITOR, ECOVILLAGE LIVING: RESTORING THE EARTH AND HER PEOPLE Creating a Life Together is a comprehensive, engaging, practical, well-organized, and thoroughly digestible labor of love. Hopefully scores of wannabe community founders and seekers will discover it before they launch their quest for community, and avoid the senseless and sometimes painful lessons that come from trying to reinvent the wheel. This book is a gift to humanity—helping to move forward the elusive quest for community, fueling a quantum leap towards a fulfilling, just, and sustainable future. —GEOPH KOZENY, PRODUCER/EDITOR OF VIDEO DOCUMENTARY, “VISIONS OF UTOPIA:EXPERIMENTS IN SUSTAINABLE CULTURE”

While anyone can build a village, a subdivision, or a housing development, the challenge is filling it with people who can get along, who can reach agreements, and who can achieve far more together than they ever could alone. If your aspiring ecovillage or intentional community gets even this far — and this awesome book will show you how — then maybe you have a realistic chance of living sustainably and, by example, of changing the world. My appreciation grows daily for this thorough, practical, and engaging guide.

—ALBERT BATES,DIRECTOR,ECOVILLAGE TRAINING CENTER, AND INTERNATIONAL SECRETARY,ECOVILLAGE NETWORK OF THE AMERICAS.

Developing a successful community requires a special blend of vision and practicality woven together with wisdom. Consider this book a marvelous mirror. If the abundant, experience-based, practicality in this book delights you then you probably have the wisdom to realize your vision.

—ROBERT GILMAN, FOUNDING EDITOR OF IN CONTEXT, A QUARTERLY OF HUMANE SUSTAINABLE CULTURE, AND AUTHOR OF ECOVILLAGES AND SUSTAINABLE COMMUNITIES

So many well intended communities fail because they don't even know the questions to ask, let alone where to find answers. This book offers a wealth of detailed information that will help guide communities to finding what is right for their specific situation, and greatly increase their odds of their success.

— KATHRYN MCCAMANT,COHOUSING RESIDENT, ARCHITECT, AND PROJECT MANAGER, AND AUTHOR OF COHOUSING NEW SOCIETY PUBLISHERS Cataloguing in Publication Data: A catalog record for this publication is available from the National Library of Canada.

Cover design by Diane McIntosh. Cover art by Sally A. Sellers, detail from "Family in B-flat" (1998) hand-dyed, hand painted and commercial cottons 45" x 81." Illustrations by Jacob Stevens. Printed in Canada by Friesens, Second Printing, July 2004.

New Society Publishers acknowledges the support of the Government of Canada through the Book Publishing Industry Development Program (BPIDP) for our publishing activities.

Paperback ISBN: 0-86571-471-1

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NEW SOCIETY PUBLISHERS www.newsociety.com Dedication

For my friend Al Rasche for helping make this book possible, and for my mother Rosetta Neff, for abiding loyalty, good humor, and every kind of support. Table of Contents

Acknowledgments ...... xi Foreword – By Patch Adams ...... xii

INTRODUCTION:CREATING A LIFE TOGETHER ...... xv The Successful Ten Percent ...... xv What Are Intentional Communities and Ecovillages? ...... xvi Cohousing Communities ...... xvii Why Now? ...... xvii What You’ll Learn Here ...... xviii Is this Information Really Necessary? ...... xix Is this Advice “Corporate”? ...... xix How to Use this Book ...... xx

PART ONE: PLANTING THE SEEDS OF HEALTHY COMMUNITY ...... 1

CHAPTER 1: THE SUCCESSFUL TEN PERCENT – AND WHY NINETY PERCENT FAIL ...... 2 Lost Valley – How One Group Did It ...... 3 What Works, What Doesn’t Work? ...... 4 The Successful Ten Percent ...... 5 Why Ninety Percent Fail ...... 6 “Structural Conflict” – And Six Ways to Reduce It ...... 7 What Will it Cost? ...... 9 How Long Does it Take? ...... 10 How Many People do You Need? ...... 10

CHAPTER 2: YOUR ROLE AS FOUNDER ...... 14 What Kind of Person Founds a Community? ...... 15 What Else You’ll Need ...... 16 “If Only I Had Known!” ...... 18

CHAPTER 3: GETTING OFF TO A GOOD START ...... 20 Don’t Run Out and Buy Land – Yet ...... 22 When You Already Own the Property ...... 23 Organizing Your Group ...... 24 Getting Real about Finances ...... 29 Collecting Funds ...... 31

vi Raising Money from Suppporters ...... 31 Attracting and Integrating New Members ...... 32 Creating “Community Glue” ...... 33 Pioneers, Settlers, and the Flow of Members ...... 34

CHAPTER 4: COMMUNITY VISION – WHAT IT IS,WHY YOU NEED IT ...... 35 Sound a Clear Note ...... 36 Elements of a Community’s Vision ...... 37 Your Vision Documents and Vision Statements ...... 38 Do it First ...... 40

CHAPTER 5: CREATING VISION DOCUMENTS ...... 42 More Than One Vision? ...... 43 A Sacred Time ...... 45 ”That’s Not Community!” – Hidden Expectations and Structural Conflict ...... 45 Exploring the Territory ...... 47 Sharing from the Heart ...... 52 Writing it Down ...... 53

CHAPTER 6: POWER,DECISION-MAKING, AND GOVERNANCE ...... 55 Power – The Ability to Influence ...... 55 Focused Power, Widespread Power ...... 56 How Consensus Works ...... 56 What You Need to Make Consensus Work ...... 58 “Pseudoconsensus” and Structural Conflict ...... 60 Agreement Seeking – When You Don’t Want to use Full Consensus ...... 62 Multi-winner Voting ...... 62 Community Governance – Spreading Power Widely ...... 63 More than One Form of Decision Making? ...... 63 What Decision-making Method Should You Use? ...... 65

PART TWO: SPROUTING NEW COMMUNITY: TECHNIQUES & TOOLS ...... 67

CHAPTER 7: AGREEMENTS & POLICIES:“GOOD DOCUMENTS MAKE GOOD FRIENDS” ...... 68 Remembering Things Differently ...... 69 Giving Yourselves Every Chance of Success ...... 70

vii Your Community’s Agreements and Policies ...... 71 Abundant Dawn’s Agreements ...... 73

CHAPTER 8: MAKING IT REAL:ESTABLISHING YOUR LEGAL ENTITY ...... 75 Why You Need a Legal Entity – Before Buying Your Property ...... 75 Using a Lawyer ...... 76 Finding the Right Lawyer ...... 78

CHAPTER 9: THE GREAT LAND-BUYING ADVENTURE ...... 80 Legal Barriers to Sustainable Development ...... 80 Shopping for Counties – Zoning Regulations, Building Codes, Sustainable Homesteads, and Jobs . . . . . 82 The Proactive Land Search ...... 84 Friendly Loans from Friends and Family ...... 85 Onerous Owner-financing (Better than None at All) ...... 86 Do-it-Yourself Refinancing with a “Shoe Box Bank” ...... 90 When One Person Buys the Property ...... 91 Acquiring Fully Developed “Turn Key” Property – Confidence, Persistence, and Negotiation ...... 92 If at First You Don’t Succeed ...... 95

CHAPTER 10: FINDING THE RIGHT PROPERTY ...... 99 Choosing Your Site Criteria ...... 99 How Much Land Do You Want? ...... 99 Raw Land – Lower Initial Cost, Years of Effort ...... 100 Developed Land – Electricity, Toilets,and Showers ...... 101 Fully Developed Turn-key Property – Move Right In (With a Big Financial Bite) ...... 102 Buying Property Like the Professionals Do ...... 103 Conducting the Search – On Your Own or with a Real Estate Agent ...... 108 Investigating Likely Properties ...... 109 Taking Property Off the Market While You do Further Research ...... 112

CHAPTER 11: NEIGHBORS AND ZONING ...... 114 How Zoning Issues can Impact Community Plans ...... 114 Zoning Issues and Your Property ...... 116 Gambling with Former Use Permits ...... 118 Seeking a Zoning Exception ...... 119 Negotiating for What You Want ...... 121 Zoning Exceptions, Neighbors, and Public Hearings ...... 122

CHAPTER 12: FINANCING YOUR PROPERTY (LOANS YOU CAN LIVE WITH) ...... 126 About “Renting Money” – What You Should Know ...... 126

viii Private Financing ...... 129 When One Member Buys the Property ...... 129 Protecting Your Sole Owner with a Triple Net Lease ...... 130 Owner Financing ...... 131 Bank Financing ...... 132 Drawing on the Cohousing Model ...... 136 What about Grants and Donations? ...... 139 Refinancing Your Property ...... 139

CHAPTER 13: DEVELOPING SUSTAINABLE HUMAN SETTLEMENTS ...... 142 Earthaven’s Development Process ...... 142 Listening to your Land ...... 146 Creating your Site Plan Yourselves ...... 146 Avoiding “Urban Refugee” Syndrome ...... 147 Creating Privacy in the Midst of Community ...... 148 Designing for Conviviality ...... 149

CHAPTER 14: INTERNAL COMMUNITY FINANCES (CAN WE AFFORD TO LIVE THERE?) ...... 152 Rural Communities — How Will your Members Make a Living? ...... 153 The Risks of Community Businesses ...... 155 Keeping Member Assessments Affordable ...... 159 Joining Fees ...... 159 Housing Arrangements ...... 163 Site Lease Fees and the Debt Load ...... 164 Labor Requirements ...... 165 Building Equity ...... 167 Can People Afford to Join You? ...... 168

CHAPTER 15: LEGAL ENTITIES FOR OWNING PROPERTY ...... 170 Checklist for Choosing a Legal Entity ...... 170 How You’ll Hold Title and Arrange Members’ Use Rights ...... 171 Organizational Flexibility ...... 173 How You’ll be Taxed ...... 174 Overview: Corporations and Non-profit Corporations ...... 174 Limited Liability Corporations (LLCs) ...... 176 Homeowners Associations – Tax Advantages (and Disadvantages) ...... 178 Condominium Associations ...... 182 Housing Co-ops – Separate Ownership and Use Rights ...... 183 Non-exempt Non-profit Corporations ...... 185

ix CHAPTER 16: IF YOU’RE USING A TAX-EXEMPT NON-PROFIT ...... 189 Advantages of a 501(c)3 – Donations, Tax Breaks, Limited Liability ...... 189 Disadvantages of a 501(c)3 – Onerous Requirements, Irrecoverable Assets ...... 190 Land-owning Entities and 501(c)3 Corporations – The Best of Both Worlds ...... 192 How One Group Retained Control of its Board ...... 194 Title-holding Corporations – Collecting Income from “Passive” Sources ...... 194 Private Land Trusts – Protecting the Land ...... 195 Community Land Trusts – An Irrevocable Decision ...... 196 For “Common Treasury” Communities – 501(d) Non-profit Corporations ...... 196

PART THREE: THRIVING IN COMMUNITY — ENRICHING THE SOIL ...... 199

CHAPTER 17: COMMUNICATION,PROCESS, AND DEALING WITH CONFLICT: THE HEART OF HEALTHY COMMUNITY ...... 200 The “Rock Polisher” Effect ...... 201 Nourishing Sustainable Relationships ...... 202 The Roots of Conflict: Emotionally-charged Needs ...... 203 High Woundedness, High Willingness ...... 205 Seven Kinds of Community Conflict We Wish We’d Left Behind ...... 206 Twenty-four Common Sources of Community Conflict ...... 207 The Fine Art of Offering Feedback ...... 210 Receiving Feedback – Listening for Kernels of Truth ...... 210 Threshing Meetings ...... 212 Creating Specific Conflict Resolution Agreements ...... 213 Helping Each Other Stay Accountable to the Group ...... 214 A Graduated Series of Consequences ...... 215

CHAPTER 18: SELECTING PEOPLE TO JOIN YOU ...... 218 Select for Emotional Maturity — the “Narrow Door” ...... 219 But is it Community? ...... 221 Passive Victims, Outraged Victims ...... 221 Membership Screening and the Law ...... 223 Dealing Well with Saying “No” ...... 223 How Can You Tell? ...... 224 Questions, References, “Long Engagements” ...... 226 APPENDIX 1: SAMPLE COMMUNITY VISION DOCUMENTS ...... 230 APPENDIX 2: SAMPLE COMMUNITY AGREEMENTS ...... 233 APPENDIX 3: SETTING UP AND MAINTAINING A 501(C)3 NON-PROFIT ...... 238 RESOURCES ...... 241 INDEX ...... 245

x Acknowledgments

AS SOMEONE WHO KNEW LITTLE of intentional Davidson, Stephen Gaskin, Michael Traugot, communities in 1992, I’m grateful to those devot- Diamond Jamison, River Jamison, Susanna ed activists in the Fellowship for Intentional McDougal, Stephan Brown, Barbara Conroy, Community who patiently educated me – Laird Don Lindemann, Katie McCamant, Chuck Schaub, Geoph Kozeny, Caroline Estes, Jenny Durrett — and especially Colorado compadres Upton, Dan Questonberry, Tony Sirna, Harvey Buzz Burrell, Denise Coté, Zev Paiss, Panther Baker, Elph Morgan, Jillian Downey, Tree Wilde, the late Mike Mariner, Allen Butcher, Bressen, Betty Didcoct and Paul DeLapa. Ben Lipman, David Lynch, John Cruickshank, I couldn’t have written this book without John and Betsey McKinney, Judith Yarrow, Rob being editor of Communities magazine for the last Jones, Jan Laser, Nancy Wood, and Jim Wetzel. decade, and have learned much from its staff, I am grateful to the people who helped set columnists, contributors, and guest editors: Lance me on the path towards learning, teaching, and Scott, Billie Miracle, Ellie Sommer, Velma Kahn, writing about communities: Dan Drasin, Cecil Scheib, McCune Renwick-Porter, Jacob Dorothy Ives, Gordon-Michael Scallion, Ernest Stevens, Tristan Masat, Bill Metcalf, Albert Bates, “Chick” Callenbach, Jerome Ostentowki, Bill Jan Bulman, Irwin Zucker, Douglas Stevenson, Becker,Don Markle,and Hildur Jackson. Carolyn Shaffer, Steve Niezgoda, Joyce Foote, I’m especially obliged to the community Robert Foote, Deborah Altus, Tim Miller, Joe founders who generously shared their stories — Peterson, Lois Arkin, Hank Obermeyer, Jeff Velma Kahn, Tony Sirna, Arjuna daSilva, Valerie Grossberg, Blair Voyvodic, Michael McIntyre, Naiman,Chuck Marsh,Peter Bane,Dianne Brause, Daniel Greenberg, Jeff Clearwater, Rob Sandelin, Kenneth Mahaffey, Hank Obermeyer, Luc Reid, Luc Reid, Larry Kaplowitz, Elana Kann, Bill Dave Henson, and Adam Wolpert — heroes all. Flemming, and Patricia Greene. Enormous thanks to the people who offered I am deeply grateful to the Fellowship for expert advice: Frances Forster, James Hamilton, Intentional Community for generous permission Bob Watzke, Zev Paiss, Chris ScottHanson, Jim to excerpt information from ten years of articles Leach, Dave Henson, Gregory Clark, Cindy in Communities magazine, which helps illustrate Maddox, Carolyn Goldschmidt, Steve Goldstein, community principles in every single chapter of and Bill Goodman; and those who critiqued chap- this book. I appreciate the shared stories and ters: Tree Bressen, Geoph Kozeny, Velma Kahn, insights of community veterans Judie Anders, Patricia Allison, Harvey Baker, and Paul DeLapa. Dave Jacke, John Charamella, Patch Adams, Very special thanks to Rick Tobin, Brecharr Brad Jarvis, Corinne McLaughlin, Gordon Hemmaplardh, and Don Rose.

xi Foreword

BY PATCH ADAMS

I’M A COMMUNITY FOUNDER.I knew when I ly if we had run into this thorough, intelligent entered medical school in 1967 that I would cre- book back then. Maybe looking at all we had to ate an intentional community to offer low-cost do would have scared us away. We probably had medical care. I knew health care delivery was in fewer meetings than any founded community in big trouble, and as a nerd activist interested in history. We also made every known mistake. Yet cybernetics, I wanted to create a model that for me, community living was a magical nine addressed all the problems of care delivery. In years. At a certain point in our process we real- order for health care delivery to be inexpensive, I ized that in order to continue with our hospital thought the staff should live in the community dream we would have to take most of the steps and it would include farming and host of support this book lays out so well. facilities. I know the medicine I wanted to prac- Only a few community members wanted to tice would include helping stimulate patients’ liv- continue in our medical service mission. The rest ing vital, independent lives. Concerned for the have all have all stayed together these 33 years as health of communities and society as much as of family, though no longer as an intentional com- individuals and their families, I had read copious munity. In 1993, the incredible people who chose utopian and dystopian literature. to continue to create our medical community I was sure I wanted to do this in an inten- realized we needed to do things differently, and tional community. I visited Twin Oaks in 1969 made a commitment to the kinds of organiza- and other communities as well, all of which all tional structures this book suggests. fed my hunger to live this lifestyle, which I knew Very few communities would survive long would be good for both staff and patient. I knew without the depth of structure you’ll find here. I would start a community when I graduated in Whether you use this wisdom or not — it still is 1971, and wrote up an eight-page paper with our worth all the efforts to create and live in commu- first mission statement. nity. I’ve had no burnout or regrets. Community The innocence of that document makes me has made everything in my life easier and has smile today. Like any good nerd, I tried to find allowed me to have huge dreams, inconceivable any literature to help guide me on how to make without community.The skills I’ve learned, prac- my community vision happen. Nothing. So I tical and human, seem infinite. My love for spoke with fellow communards and dove right humanity has thrived and expanded. Nothing in. I wonder what we would have done different- about community has been easy, but it all has

xii FOREWORD xiii been fun. This is the work for political activists still might make a million mistakes. I suggest who want to live their solutions. If we are to sur- reading this book and then visiting ten communi- vive as a species we will do so learning the ecstasy ties to see how they did it. of community. We do have to get together. I thought it would take four years to build our Creating a Life Together shows what to pay free 40-bed hospital in community. Now, in our attention to in forming new communities and 33rd year, we may finally break ground this year. ecovillages, and offers exercises to develop com- We’re ready. We’ve learned that the journey to munity intelligence. Do these exercises even if you community is nurturing, and so will you. Good don’t agree with them; consider them training luck! wheels. Of course no book can be complete; you There is hardly anything more appealing, yet apparently more elusive, for humankind at the end of the 20th century than the prospect of living in harmony with nature and with each other.

— Robert and Diane Gilman, Ecovillages and Sustainable Communities

Do not be afraid to build castles in the sky. That is where they belong. But once the dreams are in place, Your job is to build the foundation under them.

— Henry David Thoreau Introduction Creating A Life Together

FOUND THE LAND!” Jack exclaimed over Jack tried mightily to persuade us to go in with “Ithe phone. As the originator of EarthDance him on the land, there were no takers, and he Farm, a small forming community in northern barely got his money out before the option Colorado, he had been searching for just the deadline. right community land for years, since long before The Successful Ten Percent he and a circle of acquaintances had begun meeting weekly to create community. He was so sure I’ve since learned that EarthDance Farm’s expe- it was the right land, he said, that he’d plunked rience is fairly common. Most aspiring ecovil- down $10,000 of his own savings as an option lages and community groups — probably 90 fee to take it off the market for two months so percent — never get off the ground; their envi- that we could decide. sioned communities never get built. They can’t I had joined the group several weeks earlier, find the right land, don’t have enough money, or and I knew nothing about intentional communi- get mired in conflict. Often they simply don’t ties then. However, it had seemed in their meet- understand how much time, money, and organi- ings that something was missing. zational skill they’ll need to pull off a project of “What’s the purpose of your community?” I this scope. had finally asked.“What’s your vision for it?” No I wanted to know about the successful ten one could really answer. percent, those groups that actually created their That Saturday we all drove out to the land to communities. What did they do right? check it out. I’ve sought the answer to this question ever And promptly fell apart. Confronted by since, in my years as editor of Communities maga- the reality of buying land, no one wanted to zine, and by visiting dozens of communities and commit. Frankly, there was nothing to commit interviewing scores of community founders. And to. No common purpose or vision, no organi- I’ve seen a definite pattern. Generally, founders zational structure, no budget, no agreements. used the same kinds of skills, knowledge, and In fact we hadn’t made decisions in the group step-by-step processes to create widely different at all, but had simply talked about how won- kinds of communities, from urban group house- derful life in community would be. Although holds or rural ecovillages.

xv xvi CREATING A LIFE TOGETHER

Creating a Life Together is an overview of that An intentional community aspiring to process, gleaned from some of the most innova- become an ecovillage attempts to have a popula- tive and successful community founders in tion small enough that everyone knows each North America. This is what they did, and what other and can influence the outcome of commu- you can do, to create your community dream. nity decisions. It hopes to provide housing, work opportunities, and social and spiritual opportu- What Are Intentional Communities and Ecovillages? nities on-site, creating as self-sufficient a community as possible. Typically, an ecovillage builds A residential or land-based intentional commu- ecologically sustainable housing, grows much of nity is a group of people who have chosen to live its own organic food, recycles its waste products with or near enough to each other to carry out harmlessly,and, as much as possible, generates its their shared lifestyle or common purpose togeth- own off-grid power. er. Families living in a cohousing communities in Sirius Ecovillage near Amherst, the city, students living in student housing coop- Massachusetts, grows a large percentage of its eratives near universities, and sustainability advo- organic food, generates a portion of its own off- cates living in rural back-to-the-land homesteads grid power, and offers tours and classes on sus- are all members of intentional communities. tainable living. EcoVillage at Ithaca has built Community is not just about living together, the first two of its three planned ecologically but about the reasons for doing so. “A group of oriented cohousing communities on 176 acres people who have chosen to live together with a near Ithaca,New York,and operates its own common purpose, working cooperatively to cre- organic Community Supported Agriculture ate a lifestyle that reflects their shared core val- farm for members and neighbors. We’ll explore ues,” is one way the non-profit Fellowship for two aspiring ecovillages in the following chap- Intentional Community describes it. ters: Dancing Rabbit Ecovillage in Missouri, What most communities have in common is and Earthaven Ecovillage in North Carolina. I idealism: they’re founded on a vision of living a use the term “communities” in this to mean better way, whether community members literal- ecovillages as well as other forms of intentional ly live together in shared group houses, or live community. near each other as neighbors. A community’s More and more people are yearning for more ideals usually arise from something its members “community” in their lives; you may be one of see as lacking or missing in the wider culture. them. These are people who feel increasingly Ecovillages are intentional communities that isolated and alienated, and want something aspire to create a more humane and sustainable more satisfying. This can mean seeking to create way of life. One widely quoted definition (by community where they are, or it can mean seek- Robert and Diane Gilman) defines ecovillages as ing residential, land-based intentional commu- “human-scale, full-featured settlements in which nity. It includes cohousing, shared group house- human activities are harmlessly integrated into holds, ecovillages, housing co-ops, environmen- the natural world in a way that is supportive of tal activist communities, Christian fellowship healthy human development, and which can be communities, rural homesteading communities, successfully continued into the indefinite future.” and so on. INTRODUCTION xvii

Many peruse the hefty Communities Directory, The growing interest in intentional commu- which lists over 600 communities and where they nities, whether ecovillages, cohousing, or other are and how to join them. Others browse the web kinds of communities, isn’t just wishful thinking. for individual community websites, beginning By 2002 the yearning for community, and indi- with such starting places as the Fellowship for vidual communities, has been favorably — and Intentional Community (www.ic.org); The sometimes repeatedly — covered by the New Cohousing Network, (www.cohousing.org); York Times, USA Today, The Boston Globe, NBC’s Ecovillage Network of the Americas “Dateline,” ABC’s “Good Morning America,” (www.ena.ecovillage.org); or the Northwest CNN, and National Public Radio. Intentional Communities Association Why Now? (www.ic.org/NICA). I believe we’re experiencing a culture-wide, yet Cohousing Communities deeply personal, phenomenon — as if some kind Cohousing is another increasingly popular form of “switch”has simultaneously flipped in the psy- of contemporary intentional community. ches of thousands of people. Aware that we’re liv- Cohousing communities are small neighbor- ing in an increasingly fragmented, shallow, venal, hoods of usually 10 to 40 households which are costly, and downright dangerous society, and managed by the residents themselves, and which reeling from the presence of guns in the school have usually been developed and designed by yard and rogues in high office, we’re longing for a them as well (although increasingly cohousers way of life that’s warmer, kinder, more whole- partner with outside developers). Cohousers some, more affordable, more cooperative, and own their own relatively small housing units and more connected. share ownership of the whole property and their This is partly because we’re so unnaturally large community building (with kitchen, dining disconnected. Post-World War II trends toward room/meeting space, and usually a children’s nuclear families, single-family dwellings, urban play area, laundry facilities, and guest rooms). and suburban sprawl, and job-related mobility Cohousing residents conduct their community have disconnected us from the web of human business through consensus-based meetings, and connections that nourished people in our grand- enjoy optional shared meals together three or parents’ day, as well as numbing us with simula- four nights a week. tions of human interaction on TV sitcoms “Cohousers believe that it’s more readily pos- rather than living in a culture small-scale and sible to live lighter on the planet if they cooper- stable enough that we’d have such interactions ate with their neighbors, and their lives are easi- ourselves. er, more economical, more interesting, and more The people interested in intentional commu- fun,” observes Chuck Durrett, one of two archi- nities aren’t extremists. They’re the people next tects who introduced cohousing to North door. Many are in their 40s and 50s; they’ve America from Denmark in 1986. By 2002, 68 raised families, built careers, and picked up and completed cohousing communities were up and moved more times than they can count. They’re running in North America, and approximately tired of Madison Avenue’s idea of the American 200 more were in various stages of development. Dream. They want to settle down, sink roots, xviii CREATING A LIFE TOGETHER and live in the good company of friends. Others es our children as they grow up, and ourselves as are young people; fresh out of college, hyper- we grow older? And what better place than aware of our precarious environmental situation, intentional communities to show the rest of the and disgusted with the consumerist mall ethic, world that even hyper-mobile North Americans they say “No thanks.” can choose to live this way? We’re also recognizing that living in commu- What You’ll Learn Here nity is literally good for us. Scientific research shows that our health improves when we live in It’s becoming increasingly obvious to many of us a web of connection with others. “Of all the that intentional community living is one key to many influences on our health, interpersonal surviving, even thriving, in these disintegrating relationships are not only a factor, but increas- times. But, like members of the EarthDance ingly are being recognized as the most crucial fac- Farm, few of us know where to start. tor,” physician Blair Vovoydic writes in Creating a Life Together is an attempt to help Communities magazine.“Being connected to other your ecovillage or intentional community get off people probably makes you physically healthier to a good start. It attempts to distill the hard than if you lived alone.” This appears to be espe- experience of the founders of dozens of success- cially true for older people, who tend to stay ful communities formed since the early ’90s into healthier longer, recover from illness more quick- solid advice on getting started as a group, creat- ly, and live longer than the elderly not living in ing vision documents, decision-making and gov- community. ernance, agreements and policies, buying and It’s also healthier for the planet. At a time financing land, communication and process, and when — every day — we’re losing 200,000 acres selecting people to join you. It’s the information of rainforest “lungs,” we’re spewing a million tons I was looking for when I began this journey. It’s of toxic waste into the atmosphere, and 45,000 simply what works, what doesn’t work, and how people die of starvation every day, living simply, not to reinvent the wheel. cooperating, and sharing resources with others And this information is not only for people may be the only way of life that makes any sense. forming new communities — whether or not “Small, independent, self-sufficient commu- you already own your land. It can also be valu- nities have the greatest ability to survive the nor- able for those of you thinking about joining com- mal cycles of boom-and-bust which our econo- munity one day — since you, too, will need to my and culture go through, and an even better know what works. And it’s also for those of you chance of surviving the major catastrophes already living in community, since you can only which may loom ahead as our oil supply dwin- benefit from knowing what others have done in dles,” writes Thom Hartmann in his book The similar circumstances. Last Hours of Ancient Sunlight. Because forming a rural community involves What better place than intentional commu- more variables than other kinds of communities nities to downsize possessions, share ownership (for example, how members might make a liv- of land and tools, grow healthy food, share ing), I focus more on rural communities. meals, make decisions collaboratively, and However, most of the steps and skills described together create the kind of culture that nourish- in these chapters apply to urban and suburban INTRODUCTION xix communities as well. This book also focuses on Newly forming communities can flounder communities in which decisions are made by all and sink for other reasons, too. Not being able to community members, and doesn’t examine agree on location. Not having enough time to issues specific to ashrams, meditation centers, or devote to research or group process. Not having other spiritual or therapeutic communities in enough access to capital. Not finding the right which decisions are made by one leader or a land. Based on the hard lessons of the “successful small group. Why you need a legal entity 10 percent” (and the “unsuccessful 90 percent”), (Chapter 8), and what you should consider today’s community founders must be consider- before choosing a legal entity (in Chapter 15), ably more organized, purposeful, and better cap- apply to forming communities and ecovillages italized than their counterparts of earlier years. anywhere; however, information on specific legal Is This Advice “Corporate”? entities (in Chapters 15 and 16) apply only to the United States. As you skim these pages you’ll see many figures and percentages — “business and finance” infor- Is This Information Really Necessary? mation — and you’ll no find advice on the spiri- Many communities that formed in the 1970s and tual principles involved in forming a community. 1980s, including large, well-established ones, Is this book just some representation of “the sys- weren’t familiar with most of this information tem” you may be trying to leave behind? Why is when they started, and apparently didn’t need it. there no mention of the spiritual aspects? Nonetheless, I urge you to learn these steps and I’m presuming that your own spiritual skills. Why? First, because establishing an ecovil- impulses and visions about community are lage or new community is not easy, then or now. already well developed; that you know very well Getting a group of people to agree on a common why you want to live in an ecovillage or inten- vision, make decisions collaboratively and fairly, tional community or create your own. As for all and combine their money with others to own the business and finance advice, consider it a set property together can bring up deep-seated emo- of tools designed to get you from your unique tional issues — often survival-level issues — that personal impulses of spirit to the manifestation can knock a community off its foundations. I of that vision in physical form. And while I’m not want you to have all the help you can get. part of “the system,” I study the system in order Second, since the mid-1980s, the cost of to learn how to use some of its more useful tools land and housing has skyrocketed relative to to create alternatives to it. As an old adage from most people’s assets and earning power. Zoning India says,“It takes a thorn to remove a thorn.”At regulations and building codes are considerably the present time, anyway, it takes budgets and more restrictive than they were in earlier business plans, and a rudimentary understanding decades. And because of media coverage that of real estate and financing, to create alternatives highlights any violent or extreme practices in a to a society in which these tools are necessary. group, the “cult” stereotype has become part of Consider the skills and steps in this book to be the public consciousness, and may affect how the shovels and soil amendments you’ll need to potential neighbors feel about your group mov- grow your own community, from the seeds of ing in next door. your vision into a flourishing organism. xx CREATING A LIFE TOGETHER

How to Use this Book

Most of the skills to learn and steps to take in I suggest first reading this book quickly, to get an forming an ecovillage or intentional community overview, and then a second time, slowly and are not linear, but simultaneous. So although the thoroughly, then collect and read other resources information is presented in a step-by-step way, for more detailed information. I also suggest that some tasks must be undertaken together. For everyone in your group read this book, not just example, although you’ll need to create a legal those who are getting started and assuming lead- entity for owning land before you buy property ership roles. The more of you who are informed together, what kind of land you want as well how — and hopefully disabused of common miscon- you intend to organize ownership and decision ceptions about starting new ecovillages and com- making, makes all the difference in which legal munities — the more empowered and effective structure(s) you choose in the first place. you’ll be as a group. So let’s get started. Part One: Planting the Seeds of Healthy Community Chapter 1 The Successful Ten Percent — and Why Ninety Percent Fail

NE GRAY NORTHERN CALIFORNIA night in merly magnificent forest was an open field of ONovember 1988, six would-be community stumps and brambles, clear-cut seven years earli- founders piled into a small pickup truck and er by the Christian group to raise money to pay headed for Oregon. Their vision at the time was their tax lawyers. Pushing through the wet walls to create a Community Land Trust with houses of grass, the visitors examined the first few build- in the Bay Area and rural land within commut- ings. Most, empty and neglected for almost seven ing distance. They’d just learned of an 87-acre years, had broken windows, rotting roofs, and property with a stream and 25 buildings in rural sagging steps. The group creaked open doors to Oregon that had fallen to the IRS in the 1970s find cold, dirty, foul-smelling rooms full of for $1.7 million in unpaid taxes. The former site debris and mold. When the former owners real- of a Christian intentional community, the prop- ized the IRS would foreclose on their property, erty had a large dining lodge and kitchen, 12 they stripped the buildings of everything move- small rustic cabins, two dorms that could sleep able: furniture, carpets, sinks, stoves, vent fans, 125, laundry and garden outbuildings, a large and fixtures. They had ripped the sprinklers out woodshop, an office/classroom complex, and a of the lawns and removed every light bulb. Now, partially finished residential fourplex. Back taxes as the group picked their way through litter, bro- notwithstanding, it was what many community ken glass, and dead birds, they found no running founders dream of — a rural property with water — the pipes had frozen and broken the many buildings — so off they went. previous year. Not only this, they said, but the Ten hours later they clambered out of the property would probably now cost at least half a cramped truck into the cold rain and surveyed million dollars; its zoning had reverted from the scene. “It was extraordinarily depressing,” multiple occupancy to the county-wide regula- recalls Dianne Brause. What had once been tion of “no more than five unrelated adults,” and groomed, beautiful lawn was now shoulder-high the place was probably still saddled with enor- grass. The once-beautiful vegetable garden grew mous IRS debt. Cold, soaked, and miserable, the thistles eight feet high. Forty-five acres of for- group left. Obviously, the place was a bust.

2 THE SUCCESSFUL TEN PERCENT — AND WHY NINETY PERCENT FAIL 3

But not for two members on that fateful day. were no longer sure they could pay it. By guess- Dianne Brause, a former conference center ing at their chances of success, the possible back- teacher, saw beautiful land with gentle meadows taxes outcome, the probable challenge to rezon- and some great trees left standing, excellent gar- ing, and the property’s state of ruin, Kenneth dening potential, and all the right buildings — an took a leap of faith and bid $80,000. ideal community and retreat/conference center. Over the next three months they heard Kenneth Mahaffey, a businessman who bought, nothing. Their inquiries led nowhere and they renovated, and rented out old houses, saw an got conflicting stories about who really con- excellent piece of real estate, an exciting land-pur- trolled the property. Finally Kenneth and chase challenge, and the ideal site for a communi- Dianne contacted the IRS directly, and eventu- ty. Dianne had experience and interest in com- ally learned that the legal owners were now the munity and good people skills; Kenneth had Seattle law firm that had fought the IRS on expertise in real estate and finance. Both were behalf of the previous owners. They called the movers and shakers who made things happen. Seattle lawyers, who said they knew nothing of Within six months they had closed on the the bid. The next day, however, they called back, property. Today it is Lost Valley Educational saying,“If you can raise $90,000 we can close in Center, a thriving community of 22 adults and three weeks.” seven children, with clean, renovated buildings, With closing costs and lawyers’ fees, the restored vegetable gardens, a reforestation proj- property would cost about $100,000. Kenneth ect with sapling Douglas firs and hardwoods, raised the money from friends, creating three- and a vibrant conference center business. month bridge loans at 8-10 percent interest. He stipulated in his sales offer that the IRS rescind Lost Valley — How One Group Did It their $1.7 million lien on the property. The Kenneth and Dianne’s first challenge was finding seven-year period was up and the IRS had to out who controlled the property and to whom decide whether to sue for the money or drop the they should submit a bid. Was the IRS still in claim. Fortunately, they chose to drop it. charge? Since it had been seven years since the Kenneth and Diane incorporated Lost Valley IRS takeover, was the huge tax lien about to Center, Inc., a 501(c)3 non-profit educational expire? After much confusion and delay, they organization. The property closed in April, were finally able to send a bid via a local legal 1989. Technically, Kenneth held the title, but the firm representing the unknown owners, though new non-profit considered itself the proud they were told they must not, under any circum- owner of 87 acres of grass, thistles, and run- stances, contact the IRS. down buildings. Although it still had a $50,000 The property had been appraised at back property-tax burden and uncertain future $557,000 a few years earlier, and before that, zoning, they’d scored a half-million dollar prop- when it was still forested, at $750,000. The back erty. In a few months Kenneth remortgaged one property-tax bill turned out to be $50,000, but of his real estate holdings and paid off the bridge they believed it could be reduced. Many other loans. Then he loaned the organization another parties had been interested in the property, and $100,000 to create a fund to repair and renovate one had bid $250,000 a few months earlier, but the property. 4 CREATING A LIFE TOGETHER

Like many other community founders, they bought used furniture for all facilities. In faced a serious zoning challenge. The previous October they hosted their first conference. owners had been allowed “multiple occupancy,” Another challenge was to show the county but the county planning department decided that why the back property taxes of $50,000, should be the property’s grandfather clause was invalid reduced. Lost Valley pointed out that according to because of the length of time between the previ- county law, since they and the previous owners ous use and current use of the property. So the were both 501(c) non-profits, they shouldn’t be property reverted to the county’s normal zoning penalized for the length of time lapsed between rules, meaning no more than five unrelated adults the dissolution of the previous community and could live on the land, despite the fact it was 87 their own purchase of the land. The county acres with 25 buildings. While they eventually agreed, and in January 1990 reduced the back did manage to get the multiple-occupancy zoning taxes to about $10,000.The county also generous- reinstated, buying the property without knowing ly decided that the work of Lost Valley fell within this was quite a gamble. Usually,to be among “the their own tax-exempt guidelines, and wouldn’t be ten percent,”community founders need to resolve liable for further property taxes as long as all activ- zoning issues before buying the land. ities on the property supported Lost Valley’s own Two months later, in June, Dianne, Kenneth, tax-exempt purposes. and five others interested in becoming communi- Over the first four months of 1990, Lost ty pioneers moved to the land and set to work Valley residents and volunteers also planted more with a will. gardens and began a reforestation project, start- The first month they cleared all the buildings ing 1,000 trees in their seed orchard and 800 baby of piles of junk, rebuilt the water system, Douglas fir and other trees in the clearcut. They restored the basic landscaping, and planted a developed a watershed restoration program with quarter-acre vegetable garden. By August, they’d federal agencies, designed Ancient Forest Tour set up the woodshop and the Lost Valley programs, and began agricultural research and Center’s business offices, and repaired the dorm educational projects. They held their first resi- buildings, one of the fourplex residences, the dential permaculture design course and began a dining hall, and five classrooms. They created a bimonthly environmental education program. brochure for their conference and retreat center, They continued renovating — cleaning or replac- and plastered local stores and bulletin boards ing all their carpets, installing fire safety systems, with flyers — following advice to be as active and and renovating another cabin. They remodeled a public as possible about their intended confer- small building as a staff kitchen and youth hostel ence center activities. They went out of their way and began hosting overnight guests. to meet their neighbors and join in neighbor- Lost Valley was on its way. hood picnics and volleyball games, and invited What Works, What Doesn’t Work? the neighbors to their open houses. In September, joined by a few more pioneering res- Since the early 1990s, I’ve been intensely curious idents, they renovated some of the cabins, set up about what it takes for a newly forming commu- their commercial kitchen, supplied their dorms nity or ecovillage to succeed. So, first as publish- with mattresses, blankets, and linens, and er of a newsletter about forming communities THE SUCCESSFUL TEN PERCENT — AND WHY NINETY PERCENT FAIL 5 and then as editor of Communities magazine, I by a Limited Liability Company) to purchase interviewed dozens of people involved in the property, and a 501(c)3 non-profit to manage process of forming new communities and ecovil- their planned conference center business. They lage projects as well as founders of established conducted a thorough property search, finding communities. I wanted to know what worked, an 80-acre, million-dollar property with existing what didn’t work, and how not to reinvent the community buildings and cabins. They bought it wheel. for $850,000, paid for by a combination of owner I learned that no matter how inspired and financing and loans from their families, and sec- visionary the founders, only about one out of ten ond and third mortgages from friends and col- new communities actually get built.* The other leagues. They moved in and renovated for eight 90 percent seemed to go nowhere, occasionally months, started up their conference center busi- because of lack of money or not finding the right ness, and refinanced with a single private loan land, but mostly because of conflict. And usual- five years later. ly, conflict accompanied by heartbreak. And In 1998, dozens of web surfers from around sometimes, conflict, heartbreak — and lawsuits. the country coalesced around an Internet call for What was going on here?! These people people to cofound an income-sharing communi- started out trying to create a way of life based on ty in rural New England. After planning the ideals of friendship, good will, cooperation, and Meadowdance community via e-mail and in per- fair decision-making. What had these founders son for a year, the forming community group not known? located 165 acres of nearly ideal land in rural Vermont for $250,000. Six group members will- The Successful Ten Percent ing to move ahead formed a Limited Liability Lost Valley’s story illustrates the major steps of Partnership and through members’ loans raised forming a new community or ecovillage — most of the funds to buy and develop the prop- establishing a core group with a particular vision erty. They spent a year seeking a conditional use and purpose, choosing a legal structure, finding permit from the county for their large multipur- and financing property, and moving in and reno- pose community building, but, after spending vating (or developing land). It also involves creat- $20,000 on tests, permits and fees, they didn’t get ing an internal community economy and refi- it. So, they bought a house in town and started nancing any initial loans if necessary. (Since up their software testing and typing/editing ecovillages are a form of intentional community, businesses there. In 2002, after the businesses I’ll use the term “community” to mean ecovillages had started to take off, they began looking for as well as other forms of community). rural land again. Each of the communities we’ll look at has Each of these communities are among “the undertaken a similar journey, and roughly in the ten percent” — the forming communities that same order. Most of the seven founders of actually get up and running. We’ll learn more Sowing Circle/Occidental Arts and Ecology about each of them in later chapters. Center in northern California were an already But what about the other 90 percent of form- established group of friends and housemates ing communities — the ones that fail? who in 1995 formed a partnership (later replaced

*The figure is somewhat higher for forming cohousing communities. Approximately 25 percent seem to actually get built, according to Cohousing magazine editor Stella Tarnay. 6 CREATING A LIFE TOGETHER

Why Ninety Percent Fail closure sheet, or to demonstrate to potential investors how and when they might In the early 1990s, a founder I’ll call Sharon get their money back. bought land for a spiritual community I’ll call Gracelight. At first it looked promising. Sharon • That she should make it clear to every- had received unprecedented and unusually rapid one at the outset that as well as having a zoning approval for a clustered-housing site vision she was also serving as land plan. She met regularly with a group of friends developer. Sharon didn’t think of herself and supporters who wanted to be part of the as a “developer,” and never used the term, community. But over the next 18 months, first in spite of the fact that she financed and the original group and then a second group fell was responsible for the purchase and apart, disappointed and bitter. Sharon struggled development of the land. with money issues, land-development issues, • That she needed to tell people that she interpersonal issues. After two years she said she fully intended to be reimbursed for her was no longer attempting community, and in fact land-purchase and development costs loathed the idea of community and didn’t even and make a profit to compensate her want to hear the “C”-word. time and entrepreneurial risk. Sharon didn’t think in terms like “entrepreneurial What had this founder not known? risk,” even though she was taking one. • How much money it would take to com- When group members in the first and plete the land development process before second forming community groups final- she could legally transfer title to each ly brought up financial issues and asked incoming community member. Sharon pointed questions, she was offended. And had no budget in advance, and no idea what group members were offended too, when it would cost to complete county require- they learned Sharon was going to make a ments for a site plan and roads, utilities, etc. profit. One can argue for or against mak- • How much each lot would eventually ing a profit on community land; the point cost, and that she shouldn’t have fos- is, Sharon didn’t make her intentions tered hope in those who could never clear at the outset. afford to buy in. Sharon knew that some • That she needed to tell people from the people in the group wouldn’t be able to beginning that, as the developer, she buy in, but counted on her sense that “it would make all land-development deci- will all work out somehow.” sions. Again, one can argue either way • That she’d need adequate legal docu- about one person making decisions about ments and financial data to secure pri- his or her own financial risks in forming a vate financing. Sharon believed that community — but Sharon should have telling potential financial contributors made these clear. her spiritual vision for Gracelight was • That a process was needed for who was in sufficient. It didn’t occur to her to provide the group and who wasn’t, and for what a business plan, budget, or financial dis- kinds of decisions the group would make THE SUCCESSFUL TEN PERCENT — AND WHY NINETY PERCENT FAIL 7

and which Sharon alone would make. 1. Identify your community vision and create • That consensus was the wrong decision- vision documents There’s probably no more making option for a group with no com- devastating source of structural conflict in mon vision or purpose, with one community than various members having landowner and others with no financial different visions for why you’re there in the risk, and with no clear distinction first place. This will erupt into all kinds of between those who were decision-mak- arguments about what seem like ordinary ing members of the group and those topics — how much money you spend on a who were not. In fact, the group wasn’t particular project, or how much or how often practicing consensus at all, but rather you work on a task. It’s really a matter of some vaguely conceived idea of it. underlying differences (perhaps not always conscious) about what the community is for. “Structural Conflict” — And Six Ways to All your community members need to be on Reduce It the same page from the beginning, and must After years of interviewing founders like Sharon know what your shared community vision is, and hearing their stories of community break-up, and know you all support it. Your shared heartbreak, and even lawsuits, I began to see a vision should be thoroughly discussed, pattern. Most new-community failures seemed to agreed upon, and written down at the get-go. result from what I call “structural”conflict — (See Chapter 4.) problems that arise when founders don’t explicit- 2. Choose a fair, participatory decision-mak- ly put certain processes in place or make certain ing process appropriate for your group. important decisions at the outset, creating one or And if you choose consensus, get trained more omissions in their organizational structure. in it. Unless you’re forming a spiritual, reli- These built-in structural problems seem to func- gious or therapeutic community with a spir- tion like time bombs. Several weeks, months, or itual leader who’ll make all decisions — and even years into the community-forming process you all agree to this in advance — your the group erupts in major conflict that could have members will resent any power imbalances. been largely prevented if they had handled these Resentment over power issues can become issues early on. Naturally,this triggers a great deal an enormous source of conflict in commu- of interpersonal conflict at the same time, making nity. Decision-making is the most obvious the initial structural conflict much worse. point of power, and the more it is shared While interpersonal conflict is normal and and participatory, the less this particular expected, I believe that much of the structural kind of conflict will come up. This means conflict in failed communities could have been everyone in the group has a voice in deci- prevented, or at least greatly reduced, if the sions that will affect their lives in communi- founders had paid attention to at least six crucial ty, with a decision-making method that is elements in the beginning. Each of these issues, fair and even-handed. How it works — the if not addressed in the early stages of a forming procedure for your decision-making community, can generate structural conflict method — has to be well-understood by “time bombs” later on. everyone in the group. 8 CREATING A LIFE TOGETHER

A more specific source of community drill procedures now, when there’s no fire. conflict is using the consensus decision-mak- (See Chapter 17 and Chapter 18.) ing process without thoroughly understand- 5. In choosing cofounders and new members, ing it. What often passes for consensus in select for emotional maturity. An often- many groups is merely “pseudo-consensus” overwhelming source of conflict is allowing — which exhausts people, drains their ener- someone to enter your forming community gy and good will, generates a great deal of group, or later, to enter your community, who resentment all by itself, and causes people to is not aligned to your vision and values. Or despise the process they call “consensus.” So someone whose emotional pain — surfacing if your group plans to use consensus, you’ll weeks or months later as disruptive attitudes prevent a great deal of structural conflict by or behaviors — can end up costing you getting trained in it first. (See Chapter 6.) untold hours of meeting time and draining 3. Make clear agreements — in writing. (This your group of energy and well-being. A well- includes choosing an appropriate legal enti- designed process for selecting and integrating ty for owning land together). People new people into your group, and screening remember things differently. Your agree- out those who don’t resonate with your val- ments — from the most mundane to the ues, vision, or behavioral norms, can save most legally and financially significant — repeated rounds of stress and conflict in the should absolutely be written down. Then if weeks and years ahead. (See Chapter 18.) later you all remember things differently you 6. Learn the head skills and heart skills you can always look it up. The alternative — need to know. Forming a new community is “we’re right but you folks are wrong (and like simultaneously trying to start a new busi- maybe you’re even trying to cheat us)” — can ness and begin a marriage — and is every bit break up a community faster than you can as serious as doing either. It requires many of say, “You’ll be hearing from our lawyer.” (See the same planning and financial skills as Chapter 7.) launching a successful business enterprise, 4. Learn good communication and group and the same capacities for trust, good will, process skills. Make clear communication and honest, kind interpersonal communica- and resolving conflicts a priority. Being able tion as marrying your sweetheart. Founders to talk with one other about sensitive sub- of successful new communities seem to know jects and still feel connected is my definition this. Yet those who get mired in severe prob- of good communication skills. This includes lems have usually leapt in without a clue. Like methods for holding each other accountable Sharon, these well-meaning folks didn’t know for agreements. I consider it a set-up for what they didn’t know. So the sixth major structural conflict down the road if you don’t way to reduce structural conflict is to take the address communication and group process time to learn what you’ll need to know. skills and conflict resolution methods early on. Addressing these issues at the start will Community founders must cultivate both allow you to have procedures in place later on heart skills and head skills.. This means learning when things get tense — like practicing fire how to make fair, participatory group decisions; THE SUCCESSFUL TEN PERCENT — AND WHY NINETY PERCENT FAIL 9 how to speak from the heart; how to face conflict facilitator, lawyer, accountant, project manager/ when it arises and deal with it constructively; and developer, land-use planner, permaculture how to make cooperative decisions and craft fair designer, and so on. agreements. It means learning how to create Many well-established North American budgets, timelines, and strategic plans; and how communities never included most or all of these to evaluate legal entities for land ownership or six structural ingredients at their origin, and business or educational activities. It means learn- don’t see why they should have.“Hey, we’re here ing the real estate market in your desired area, now, aren’t we?” In the 1960s, ’70s, or early ’80s, local zoning regulations, and, if needed, how to people usually just bought land and got started. secure loans with reasonable terms. It means Some of these communities are still with us learning how to structure healthy and affordable today, and proud of it. internal community finances. It means learning Nonetheless, for communities forming today, about site planning and land development. It I recommend addressing all six of these issues means doing all this with a sense of connection early on, for all the reasons already noted. and shared adventure. Plunging into the land- What Will it Cost? search process or trying to raise money without first understanding these interrelated areas is a How much it will cost in total (and how much it sure invitation to trouble. will cost each founder) is a question that can Community founders tend to be specialists, only be estimated by creating a financial model but in fact they must be generalists. I’ve seen and plugging in the numbers. To do that, you’ll founders with spiritual ideals and compelling need to start with certain assumptions. Will you visions flounder and sink because they have no be rural, semi-rural, suburban, or urban? What idea how to conduct a land search or negotiate a are land values in your desired area? Will you bank loan. I’ve seen founders with plenty of tech- renovate or develop your property? How many nical or business savvy — folks able to build a members will you have? Will you have commu- nifty composting toilet or craft a solid strategic nity businesses? How will you structure your plan — who didn’t know the first thing about internal community finances to meet monthly how to speak honestly and from the heart to land payments and other expenses? If your num- another human being. And I’ve seen sensitive bers show that your plan is too expensive or oth- spiritual folks as well as type-A “get-the-job- erwise unworkable, revise some of your assump- done” folks crash and burn the first time they tions and try again. encountered any real conflict. How much it costs communities that have Not everyone in your forming group needs to formed since the early 1990s (when it became have all these skills or all this information — harder to do than in previous decades) varies that’s one reason you’re a group! Nor must your widely, depending on all the above factors, but group possess all these skills and areas of expert- mostly on land values. For example, in 1996 ise among yourselves when you begin. You can seven founders of Abundant Dawn community always hire training for your group or expertise bought a beautiful 90-acre owner-financed par- in whatever you need, whether it be a consensus cel on a river with a farmhouse, cabin, and barn trainer, communication skills trainer, meeting in rural southwestern Virginia for $130,000. 10 CREATING A LIFE TOGETHER

They paid $13,000 down, contributing slightly in North Carolina began with an original group more than $1,800 each. in 1990, searched for land for four years, reorgan- At the other end of the spectrum, in 1994 ized their group and bought land in 1994, and seven founders of Sowing Circle/Occidental refinanced and began developing in 1995. They Arts & Ecology Center bought an 80-acre, have spent the past seven years developing it and owner-financed fully-developed “turn-key” prop- increasing their membership, and they also con- erty in Sonoma County, California with rolling tinue to do so. hills, panoramic views, stands of oak and red- Generally, the larger your group and/or the wood, two 20-year-old organic gardens, and 16 smaller your assets, the longer it’ll take. And the community buildings and cabins. They paid fewer your numbers and the greater your assets, $850,000, with each member contributing about the faster it will happen. For example, the $20,000 to the $150,000 down payment. founder of Mariposa Grove, an urban communi- Figure on several hundred thousand dollars ty in Oakland, California, began looking for or more to buy and develop your land, depend- property in 1998, bought it in cash in 1999, and ing on your desired area and the magnitude of spent the next three years renovating it and your plans. The cost per person will depend on attracting members. The two founders of Lost how many founders and/or members split the Valley Educational Center found their property costs. If you use owner financing, private financ- in 1988, bought it (also paying cash) in 1989, and ing, or bank financing, multiply that amount sev- renovated it and got it ready to host workshop eral times over for the true land-purchase cost, participants by 1990. They’ve spent the past 12 including all the principal and interest payments years continuing to develop the physical infra- you’ll be making over the years. (See Chapters 9, structure and build the community. 10, 11, 12, and 14.) So this is really a trick question. While it can take from a year to several years to find and buy How Long Does it Take? property, develop it, and establish your member- It also takes enormous amounts of time to pull ship and financial base, there’s really no end off a project of this magnitude. Even if you meet point. Like a marriage or a business, growing a weekly,you’ll still need people to work on various community is never really “done.” committees that work and/or meet between How Many People do You Need? scheduled meetings — gathering information, calling officials, crunching the numbers, drafting Forming community groups usually start out proposals, and so on — for at least a year, or even with one or two or a few people with an idea, two years or longer. grow larger (fluctuating in size as people attend The founders of Dancing Rabbit Ecovillage a few meetings for awhile and get more involved in Missouri first explored their ideas and organ- or lose interest and leave), and shrink to a much ized their initial group in 1993, began their land smaller number when it’s time to commit money search in 1995, and bought land in 1996. They to buy a particular piece of property. worked steadily to develop it and raise their pop- See Figure 1 (on page 11) for some examples ulation for the next six years, and they continue of how many people are involved in the commu- to do so. The founders of Earthaven Ecovillage nities we’ll examine in this book. THE SUCCESSFUL TEN PERCENT — AND WHY NINETY PERCENT FAIL 11

TABLE 1: HOW MANY PEOPLE DO YOU NEED?

Community Total Envisioned Members at Early Members at Members in # of Members Meetings Property 2002 Purchase

Lost Valley 20+ 7 - 12 2 23 Rural (OR) 87 acres Founded 1988-89

Earthaven 150 15 - 20 12 - 21 57 Rural (NC) 320 acres Founded 1990-94

Sowing Circle/ 10 5 - 12 7 11 Occidental Arts & Ecology Center Semi-rural (CA) 80 acres Founded 1991-94

Dancing Rabbit 500 - 1000 20 - 30 6 16 Rural (MO) 280 acres Founded 1993-96

Abundant Dawn 40 - 60 12 7 9 Rural (VA) 90 acres Founded 1994-96

Mariposa Grove 12 - 13 0 1 9 Urban (CA) Founded 1998-99

Meadowdance 50 - 75 30 - 40 online 6 9 Rural (VT) 20 in-person Founded 1998-00 12 CREATING A LIFE TOGETHER

SPIRITUAL COMMUNITIES: TROUBLE IN PARADISE

Newly forming spiritual communities seem to experi- dismiss the primarily “left-brained” potential ence more structural conflict than most groups; proba- cofounders who could help them, considering them bly because spiritual community founders sometimes merely “bean counters,” when the latter simply want to tend towards a soft-focus, whole-picture orientation understand the financial, legal, and decision-making — what’s popularly called “right-brained” thinking. This arrangements before they leap in wholeheartedly. often frustrates and even repels other potential If you operate more in right-brained mode, I urge cofounders who may use more logical or systematic you to ally yourself with more left-brained compadres “left-brained” thinking. Like Sharon, founders of spiritu- who can help ground your community ideals in work- al communities are sometimes accused of deceiving able business and legal strategies. And if you’re a hard- others about money and power issues, when in fact core left-brainer, I urge you to hook up with more holis- they simply hadn’t focused on clear, explicit communi- tically oriented colleagues who will help you keep your cation about finances and decision-making, and didn’t heart open and help you remember why you want to realize such clarity was necessary. These founders often bring forth this wonderful vision in the first place.

It doesn’t just take information and skills, — what cohousing activist Zev Paiss calls “the money, time, and people to form a community, longest, most expensive personal-growth work- but also a sense of connection, sometimes called shop you’ll ever take.” “community glue” — born of group experiences like preparing and eating meals together, work parties, weekend trips, and long, intimate conversations. Gathering and weaving the thread of Next we’ll take a look at the kind of person skills, information, money, time, people, and who pulls it off — that unsung hero, the com- experiences is complex, and often overwhelming munity founder.

WE SET OUT TO CHANGE OUR WORLD… by Roberta Wilson

As fate would have it, Winslow Cohousing on seen cohousing in Denmark, and of course there were Bainbridge Island near Seattle, formed in 1988, ended no models of it close to home. What we had was up being the first owner-developed cohousing com- McCamant and Durrett’s Cohousing book and an munity in the U.S. We certainly didn’t have much incredible amount of energy. experience to go on. Only one of us had lived in an As with all communities, we made some wise intentional community, and only a few had even choices and some poor ones. We met every week- visited any intentional communities. None of us had end for over two years, with many of us meeting in THE SUCCESSFUL TEN PERCENT — AND WHY NINETY PERCENT FAIL 13 committees during the week. This vigorous schedule with the lack of emotional intimacy, while others, allowed us to buy land, get through the construction especially teens, have felt uncomfortable living in a process, and move into our 30 duplexes and flats by fishbowl. Spring 1992, but it cost us potential members who At times, most of us have probably asked our- couldn’t devote such time to development. Finding selves, “What am I doing here?” — a question, I loans for what looked to financial institutions like believe, that arises from a complex calculation of some kind of middle-income commune was difficult time and energy spent and one’s tolerance for con- and may have cost one credit union representative his flict. Sometimes I’ve asked myself, after a difficult job. The stress resulting from engaging some of our confrontation, why I should put so much of my life own members to work for us hurt the group and hurt energy into something that seems, at the time, to give some of these members as well. Our original group back little. Yet I’m sure that at other times each of us was deeply bonded by the sheer effort of the project. has surely declared: “I can’t imagine living anywhere Yet, after move-in we retreated to our individual else!” — a response to the very personal exchanges homes to recuperate. While our idealism had carried that make living in community so rewarding. I can call us through the forming stages, we weren’t quite pre- my neighbor and ask her to turn off the coffee pot pared for the reality of living cooperatively — so many that I forgot. Children come to visit and play with my of us were used to having our own way in the world. dog. A neighbor pauses from her chores a moment We also had the inevitable turnover. We had prob- and tells me about her life. In the forest, we scatter lems with new residents who either had their own the ashes of a member who died; in our orchard, we heroic notions, or who soared and then dove as the bury the family dog. A neighbor’s sister comes to stay honeymoon phase ended. We had kids who couldn’t and offers massages. The children are delivered to get along, a dog that bit, divorces and deaths, births school by adults who share the duty. Our communi- and celebrations. For the most part, our surrounding ty feels safe. neighbors were friendly. We figured out a work sys- The idealism, dreams, and devotion, while still tem, each serving on clusters — Administration, here, have given ground to the practical and the real Process and Communication, Grounds, and Common experience of living in community — the good, the Facilities. We figured out a meal system, with dinners bad, and the ugly. Community is seeping into our five nights a week. We figured out how to work with cells, I believe, so that even the challenges become consensus. We learned to keep good track of our just part of who we each are. Cooperative culture is finances, and we continued to work towards emo- gaining ground over our individual upbringing in com- tional literacy. We still struggle with issues such as petition; slowly, we are giving up the need for member participation and how to make capital absolute control. We set out to change our world, and improvements, yet our meetings are now civil, effi- now community is changing us. cient, and more emotionally honest. Folks have found their own level after the first years of feeling over- Excerpted with permission from Communities whelmed. Some of them have been disappointed Magazine, Spring 2000. Chapter 2 Your Role as Founder

ALERIE NAIMAN WAS A WOMAN with a In 1993, the group found 320 acres of owner- Vmission. financed land that fit most of their criteria. After In 1991, as she and a group of people inter- the group spent over a year in confusion and con- ested in forming community in the mountains of flict about the community’s ultimate vision, and western North Carolina began their land search, whether or not to buy this particular property, she sold her local business so she could devote Valerie drew up and submitted a contract on the full time to the project. To better understand the land herself, with a loophole in case she needed local real estate market and real estate financing, to get out of it. She hosted a “founders meeting” she studied for and got real estate sales and bro- of tea and fundraising, inviting group members kers’ licenses, and took a job with a local realty who shared the same community vision, and an company, which allowed the group to learn interest in this particular property, as well as about any new properties as soon as they came other local people interested in forming an inten- on the market. tional community. By the end of the afternoon She also contacted communitarians nation- they had raised the $100,000 down payment. wide, asking which legal entities they’d chosen for Over the next few months the group contin- group land ownership, and why, and she learned ued adding members and raising funds to begin as much as she could about the various legal enti- developing the property, and bought it in ties communities could use to own property December 1994. together. She studied Community Land Trusts The following year, Valerie visited the E. F. by making calls to the School of Living in Schumacher Society in Massachusetts to learn Pennsylvania, and by visiting the Institute for how the group could create a small, private “shoe Community Economics in Ohio, organizations box bank” to raise funds. The group adopted this that help groups set up Community Land Trusts. idea, created the EarthShares fund, and over the She eventually didn’t recommend this specific next few years raised enough money to pay off form of land ownership to the group, and they the owner-financers. later created a Homeowner’s Association to own Other founders of “successful ten percent” property and a 501(c)3 non-profit to carry out its communities have traveled a similar path. Recent educational mission. college graduates Tony Sirna and Cecil Scheib

14 YOUR ROLE AS FOUNDER 15 were environmental activists with degrees in your ability to pay back any land purchase and computer science and civil engineering respec- development loans, so your group must con- tively, before founding Dancing Rabbit in sider your site relative to available jobs before Missouri. They educated themselves well in real buying land. And the initial impression your estate, zoning regulations, financing possibilities, group makes on potential neighbors will and non-profit legal structures to buy their land affect whether they will support your getting and create the financial and legal structures that any needed conditional use permits or zoning support their ecovillage dream. variances. In order to establish the Sowing Circle com- What Kind of Person Founds a munity and its non-profit educational organiza- Community? tion, Occidental Arts and Ecology Center, cofounder Dave Henson left his environmental Certain recognizable characteristics stand out in activist job and spent eight months as the group’s successful community founders, or at least full-time point person. He researched possible among “burning souls” — a cohousing term for property sites and sources of financing and vision-driven founders who work zealously to donations, negotiated with the owner of their manifest their dreams. chosen site, and drafted and instituted various Dianne Brause and Kenneth Mahaffey of financial and legal plans through which to carry Lost Valley are clearly burning souls. So are out their purpose. Valerie Naiman of Earthaven, Tony Sirna and And Luc Reid, a software engineer and Cecil Scheib of Dancing Rabbit, Dave Henson cofounder of Meadowdance community in of Sowing Circle/OAEC, Luc Reid of Vermont, was an almost full-time on-line and Meadowdance, and other founders you’ll meet in off-line student of every aspect of community these pages. development he could find, learning as much as Founders need to be visionaries — people he could about what had and had not worked who can imagine, visualize, or feel something well in other recently formed communities. that doesn’t exist yet. Most of the group seeing Contrast these folks with Sharon and the Lost Valley property for the first time saw a Gracelight community.Well-meaning and moti- dreary wreck; Kenneth and Dianne saw a thriv- vated, Sharon nevertheless hadn’t a clue that she ing community and well-appointed, successful needed to educate herself in new fields and conference center. develop new skills to pull off a task of this mag- Founders must be leaders — people who can nitude. Community founders must anticipate inspire others to believe a particular vision is challenges not faced by community founders of possible and who motivate them to take action earlier times. These include the fact that “ideal” and make that vision come true. The people who property isn’t ideal if zoning regulations and joined Dianne and Kenneth at Lost Valley building codes prevent you from developing it wouldn’t have jumped into that uncertain ven- the way you want to. If your group wants rural ture, or worked so fiercely over the first year, land, a lack of decent-paying local jobs will affect without Dianne’s and Kenneth’s burning belief your community’s attractiveness to future mem- that Lost Valley would soon host successful bers. Difficulty attracting members will affect workshops and conferences. 16 CREATING A LIFE TOGETHER

Founders of “the ten percent” are often suc- Naiman and the cofounders of Earthaven, and cessful entrepreneurs, or have at least one experi- Tony Sirna and Cecil Schaub and the enced entrepreneur in their group. Technically cofounders of Dancing Rabbit, immediately an entrepreneur is someone with the ability to began building roads, setting up camping areas, organize and manage a business, assuming the and creating the first rudimentary shelters on risk for the sake of the profit, but I’m referring their undeveloped parcels of land. mainly to the aspect of instinctive business savvy Vision, leadership, entrepreneurial skill, and — someone with an inner “radar” about what willingness to physically build must be present in will work financially. Entrepreneurs take risks, your group, but not necessarily all in the same based as much on intuition as on experience. person. As founders you must certainly have They take the initiative. They’re focused, task- vision — without which nothing will happen. oriented, on-point. They know how to create You’ll need leadership to inspire yourselves and budgets and strategic plans. Kenneth Mahaffey those who’ll join you to support that vision. was a successful real estate investor before You’ll need one or more entrepreneurs who cofounding Lost Valley; he took an enormous know what will work financially, and who are risk buying property that might require paying willing to take a risk — and thus inspire the rest $50,000 of back taxes and might not have the of you to take a risk. And you’ll need to get phys- necessary use permit restored. Valerie Naiman ical on the land to turn your vision into reality. had been a successful movie costume designer Given these “ingredients,” here’s my recipe for and owner of a retail costume shop; she took a growing an intentional community: huge risk by selling her business and investing time and money to pursue legal structures and 1. Imagine, visualize, or feel something that real estate for an untested, non-mainstream proj- doesn’t exist yet. ect, then investing substantial sums in 2. Inspire yourselves and those that join you to Earthaven’s down payment and EarthShares believe your particular vision is possible and fund. Not all people with this ability use it to you can make it happen. make money.Dave Henson, who has entrepre- 3. Use entrepreneurial skills to do all this with- neurial savvy in spades, was a fairly well-known in your estimated budget and time frame and effective environmental activist before (revising either as necessary). cofounding the Sowing Circle/OAEC project. 4. Use labor, tools, and energy to create the And lastly, founders must be physical physical expression of your vision on your builders — people who know how to alter their property. property to help create their vision, from reno- What Else You’ll Need vating a building to digging ponds, building cabins, or erecting solar panels. Kenneth Mahaffey Your group will also need patience, faith, good and Dianne Brause and the first members threw communication skills, tenacity, and the willing- themselves into cleaning and renovating the Lost ness to acknowledge each other. Valley property, as did Dave Henson and his fellow cofounders at Sowing Circle/OAEC. As • Have patience. Forming an effective soon as they’d purchased their properties,Valerie working group, learning good decision- YOUR ROLE AS FOUNDER 17

making and group process skills, that the project was really a kind of researching your options, acquiring and if sacred trust that we were privileged to necessary developing property simply take on,” she recalls. “This belief allowed takes time — from one to several years, me to trust that things were actually depending on the scale of your plans, how being taken care of.” Other founders have many are in your group, how well capital- relayed similar stories of trust and ized you are, and other factors. courage in the face of what seemed like Regardless of how everyone in your overwhelming odds against their project. group would like things to progress more • Good communication skills. Your group quickly, they probably won’t. You’ll also will no doubt find strength in your mem- need to consider the timetables of others bers’ diversity, yet that can also be a chal- involved, including lawyers, zoning offi- lenge. You’ll need to learn how to hear cials, and lenders. Elana Kann and Bill and accept perspectives quite different Fleming, project managers for Westwood from your own. Besides obvious differ- Cohousing in Asheville, North Carolina, ences of gender, age, economic circum- warn that founders must understand and stances, or spiritual or religious orienta- accept the difference between what is and tion, you may differ widely in your com- what is not in their control. Elana and munication styles and in your needs for Bill observe that probably 95 percent of safety, self expression, recognition, and the major variables involved in a forming connection. Some will express themselves community are not in the founders’ con- intensely, and often. Some will share how trol — land value and availability, banks’ they feel; others will consider bringing up lending policies, and city or county zon- feelings irrelevant or annoying. Some will ing regulations. To make expectations want to gather data, consider options, more realistic and reduce anxiety, some and plan extensively, while others will experienced community founders recom- want to dispense with talking and “get on mend taking your most optimistic timing with it.” In fact, the kinds of people estimate at the beginning of your project attracted to forming community are typi- and doubling it. cally explorers, doers, risk-takers, and • Faith. Trust that it’s meant to be, that entrepreneurs — and as such, likely to be you’re being guided by a higher power. impatient with the nuances of skilled Dianne Brause would have been over- group process or consensus decision whelmed by fear and a sense of responsi- making. bility in what she and Kenneth and the • Tenacity. You’ll need determination and others were attempting to pull off, but stamina. The ability to hold to a vision was repeatedly saved by her willingness to and persevere has made all the difference trust that it was meant to be. “After so between groups that built their commu- many synchronistic events that didn’t fit nities and those that felt too discouraged the scientific odds, I chose to act as if to continue. Sometimes it will seem like some higher force was really in charge, the process is going well and moving for- 18 CREATING A LIFE TOGETHER

ward; other times it’ll feel like you’re more than one founder say: “If I’d had any idea stopped at every turn. Keep your eyes on how hard this would be I never would have done the goal, lean into the wind, and keep it!” After a pause, however, they usually add with traveling. a smile, “Thank God I didn’t know, though, • Willingness to acknowledge others. because here we are.” You’ll need to thank and acknowledge “Be careful what you tell your readers about each other many times for ideas, propos- forming community,” warns a friend who lived als, legwork, research, patience, living for years at a permaculture-based community in room meeting space, snacks, tea, and New England. “Don’t be so realistic about the childcare. There’s no faster way to slow process that you scare them off.” He told me if I down progress than burnout, which usu- really wanted to help potential community ally results from too many long hours of founders achieve their goals, maybe I should say contributing to a common cause without relatively little, so I don’t discourage anyone recognition or acknowledgment. You’re who’d otherwise just plunge in and figure it out all essentially volunteers — gifting the as they went along, as most community founders group with your time and life energy to do. Whatever your level of interest in forming a fulfill your vision. You’re going to need to new community, it’s my hope that after reading feed each other with the basic nourish- this book you’ll either say, “Great, I’m inspired. ment that keeps volunteers going — the Let’s get started,”or,“Whew, I’m glad I found that simple courtesy of heartfelt thanks. out. I’ll join one instead!” I know a fine couple whom any community “If Only I Had Known!” would covet as members. He’s a carpenter, she’s a “Why would anyone want to go through all this?” writer. Both are lively, intelligent, spiritually exclaimed Patricia Greene, after she’d given her inspired individuals who have decades of previ- heart and soul to forming a new community that ous community experience between them. But disbanded after the first year. no community they’ve visited has seemed quite Why don’t they just join one?” ask some right, in its location, its financial arrangements, long-time activists in the communities move- or in its qualities of spiritual and intellectual ment. “So many communities have already “juice.” I don’t think this couple is too picky. done all the start-up work, why do that all over They know just what they want and they haven’t again?” Most community activists have met found it yet. I think they’re simply community scores of shiny-eyed idealists sharing founders at heart. And you may be too. grandiose-sounding plans for community who clearly have no idea how much hard, humbling work is involved. And it’s true — growing a new community is So let’s move on. Next chapter — getting your at least as difficult as it is rewarding. I’ve heard group off to a good start. YOUR ROLE AS FOUNDER 19

SUNDAYS AT DUMAWISH miss the folks I don’t see on the development com- “We’re Creating Something More Than mittee. I want to see how much Eleanor has grown in Mere Housing Here” the last two weeks, to hug Mem, and to find out how by Virginia Lore Bruce and Karen are enjoying the group. I look forward to Ethel’s earthy laugh, Kurt’s jokes, and to watching It is Sunday, which means that we will spend three to from across the room as Meg puts a quilt together. four hours today with our cohousing partners, talking Mostly, however, I will go out of faith. Cohousing about pavers and concrete mosaics, our new waiting is now both my religion and my politics. I continue to list policy and how to save the birch trees on the west ask myself “Is this best for the group?” before putting end of the property. About 40 of us will crowd into up my green “Yes” card in response to a proposal, Kurt and Kara’s living room, and, using colored cards, because I sense we are creating something larger than will make decisions in nine minutes that would have mere housing here. taken Kevin and me two days to debate. Small chil- If there is a cathedral for this new church of ours, dren will wander up from the childcare area down- it is the land. We have watched as the land was stairs for whispered consultations with their parents. cleared and the grading completed. We have seen the They will be sent back down when the conversation retaining wall built — the earth pinned into place by gets too intense. Sometimes I’ll go down with them. grouting and rebar, held by shotcrete. We have The intensity almost always gives me a headache. watched from the street above the site the installation There is plenty to be intense about. We’re six of the footings, the pouring of foundations. We have months away from move-in, and the walls are being watched the units at the far end go up first — we’ve framed. We’re one household away from full member- witnessed the snaky white neoprene tubing laid for ship. Since Kevin and I joined this summer, we’ve seen the radiant floor heating, and come back to the meet- five households join and one household withdraw. Our ings to tell each other, “They’ve started framing!” affiliate membership process is rigorous, and unit selec- This is what keeps me going to the meetings: in six tion is based on the date of affiliate membership. These months we will be neighbors, part of something decisions have not been made without introspection, we’ve all built together. If our process makes us more earnest discussion (mediation in two cases), and tears. loving, unselfish and useful to each other, that is only There are times when I would rather be anywhere to be expected. In this community, we will not only than in another cohousing meeting. Today, for exam- have potlucks and hold babies, but we will practice ple. If I were less committed, I’d be home on the gentleness, honesty, love and compassion in a tribal couch, eating popcorn and watching The Big Chill. So setting. We’ll have a place to eat, work, and make why will I go to the meeting instead? music among folks we have learned to trust, and it is I will go partly because I’ve skipped the last two this we will offer to the world around us. weeks. Most of us have to take an occasional break It is as if we are both watching a miracle happen from the fervor of the construction process. I have no and creating it at the same time. Could there be any qualms about trusting the community to make deci- better way to spend a Sunday? sions, which will ultimately be best for the sum of us. Excerpted with permission from I will go partly because I want to see people. I Communities magazine, Spring 2000. Chapter 3 Getting Off to a Good Start

OUR GROUP HAS GATHERED FOR your first of communities, vision statements, lists of values Ymeeting to talk about forming a new com- and goals, outlines of community processes, and munity. Where do you start? community histories. By browsing community I suggest starting with a general overview of websites you’ll get a wonderful sense of the rich and the basic steps involved in growing an intention- varied possibilities for community organization. al community. You could begin by asking every- Visiting communities is another excellent one in your in your group to skim through this way to empower your community dreams with book, then read it more thoroughly later on, and real-life reality checks. I also suggest talking with then read some of the recommended resources as many founders as you can, of both communi- for more in-depth information. ties that are thriving, as well as those that are There is also a wealth of information to be struggling or didn’t work out. My hope is that found on community websites. You’ll find photos you’ll begin your community journey with a great deal of information and increasingly realistic expectations. VISITING ESTABLISHED COMMUNITIES While the following chapters describe steps Visiting communities can bring a sense of reality to the community founders can take, don’t assume project — and hone your sense of what you want, and these steps are linear. The process of growing a don’t want, in your community. I suggest contacting any community is more organic — simultaneously communities you’d like to visit ahead of time and asking ongoing and step by step. See Table 2 for an idea whether they welcome visitors. Ask if you can offer sev- of what this can mean. eral hours’ labor when you visit them, as communities Cohousing communities have a slightly dif- always need extra labor for work projects, and your ferent process from other communities. Some being willing to work will make them more likely to invite additional key steps can include partnering with you. Bring old clothes, work gloves. and food to share. a developer, raising development financing, get- You’ll learn much and will probably have a great time. Be ting a construction loan, and securing individual sure to send a thank-you note afterwards. mortgages. (See Chapter 12.) This is an increasingly popular model of intentional community in which people develop, build, and manage their

20 GETTING OFF TO A GOOD START 21 TABLE 2: THE COMMUNITY-GROWING PROCESS

Develop good communication skills ———-> ongoing -————————————————————> Learn to deal well with conflict ————> ongoing ——————————————————————> (Chapters 17-18)

Organize your Create your Research the Research Learn your Develop or group ———> vision real estate zoning issues in financing renovate your (Chapter 3) documents market in your your desired options: figure property as ———> desired area area: possible out your group’s needed (Chapter 4-5) ——————> costs to get borrowing ——————> (Chapters 9-10) exceptions if power ———-> needed ——-> (Chapter 12) (Chapter 13) (Chapter 11)

Research com- Decision- Choose a loca- Conduct your Finance and Organize your munities: Learn making tion: create site property buy your internal as much as you method: choose criteria———-> search: property community can about how (and learn how (Chapter 9-10) choose your —————> finances (and founders formed to use them) property ——> (Chapter 12) reorganize as them ———> ————-> Choose & set (Chapters 9-10) needed) (All chapters) (chapter 6) up your legal —————>

entity. ———> (Chapter 14) (Chap’s 8, 15-16) ——————>

Create community agreements & documents —————> ongoing ———————————————> (Chapter 7)

Choose new people to join you ——————-> ongoing ———————————————————> (Chapter 19)

*Remember, most of the above steps are not linear, but can overlap. own neighborhoods. They live in smaller-than- play area, laundry facilities, and guest rooms. normal housing units and share ownership of Members optionally share dinners together sev- community areas, usually including a common eral evenings a week, and usually make decisions green, a garden space, and a large common build- by consensus. ing with a kitchen and dining room, children’s 22 CREATING A LIFE TOGETHER

Don’t Run Out and Buy Land — Yet 2. The person or small group has set up an appropriate legal entity for property owner- Many people interested in starting a community ship, or sets it up soon after. assume the first thing you should do is buy land. 3. The documents of the legal entity (or other Even though a beautiful piece of property can be community documents) spell out the rela- tempting, buying your property first is generally tionship of each future member’s financial not a good idea — and can be a huge risk for con- contribution toward ownership and deci- flict later because all the necessary structures sion-making rights, whether people will have haven’t been put in place. I advise against it equity in the property, and other financial unless you’ve taken the following steps: issues. 1. One person or a small group already has the 4. The individual or small group buying the necessary funds to buy it, and can cover its property have agreed on the vision for the mortgage payments for a year or so. community and have created its vision

MANY WAYS TO FORM COMMUNITY

Property and Housing Degree of Closeness • Buy or rent several houses on the same block and • Community members can be closely involved in share backyards; turn one into a community building. each other’s lives — sharing living space or kitchens, • Buy or rent a large house and turn some of its rooms living in close proximity, sharing equipment and tools, into common areas. or having a car co-op. • Rent apartments in an apartment building; turn one • Members can be less involved — living in separate apartment into shared common community space. housing units or in separate houses (in clustered hous- • Buy an apartment building (or buy several housing ing, in more widely spaced but still clustered housing, units in a planned community, condominium, or hous- or on separate lots), or sharing fewer resources in ing co-op) and do the same. common. • Buy land with an existing house or houses (or an office building, retail store, factory building, ware- Degree of Financial Interdependence house, theater, church, or motel) and turn it into hous- • Community members can work for community busi- ing and common areas. nesses (and/or outside businesses), share incomes, • Buy a former conference center or camp and do the and share a common treasury. same. • They can have a hybrid economy — working for • Buy raw land and start from scratch. community businesses and sharing profits for food, housing, medical insurance and other necessities, but Ownership keeping any outside earnings or assets separate. • The community can own the whole property and • They can have fully independent incomes, and share lease housing facilities or homesites to members. some or many community expenses. • Members can hold title to their individual housing units or lots and houses, and share ownership of common land and community buildings. GETTING OFF TO A GOOD START 23

documents, and anyone joining subse- evicted or fired at any time. And the owners have quently must necessarily agree to this privileges the others probably do not, such as, for vision. Or these will be created by the ini- example, the right to all financial knowledge con- tial buyers and the people joining them cerning the property or business, and the right to soon after — but none of the new people will enter or lock others out of any building on the put their money in until the vision is fully property. agreed upon and written down, and every- The owners often have a genuine desire to one knows what it is they’re agreeing to experience a sense of community in the group, as join. well as a strong desire to retain control over all aspects of property use and any activities which Why all these safeguards should be in place could affect property value — since, after all they will become clear as you read on. bear sole financial risk for it. But these two desires are essentially incompatible. You can’t When You Already Own the Property simultaneously have “community” and total con- Many aspiring community founders are people trol over the whole property.This situation often who’d like to turn their family-owned land into resembles a “feudal lord and serfs” situation. an intentional community, or groups of friends People move there believing the place is a com- who have just purchased land together and ask, munity,yet have no financial/legal risk or respon- “Now what?” sibility and no real decision-making power, even If your group has already purchased land, when the landlord/employers may have set up every chapter in this book is still relevant to your some kind of “consensus” process (which they situation, except perhaps Chapter 10 on finding can of course override anytime). Not to mention the right property and Chapter 12 on financing that the tenants/employees may consciously or it. Definitely read “Legal Barriers to Sustainable unconsciously resent the owners for having all Development” and “Shopping for Counties — the power. Or that the owners may truly believe Zoning Regulations, Building Codes, they don’t want power over anyone — but are Sustainable Homesteads, and Jobs”in Chapter 9, unwilling to relinquish it until or unless others as well as Chapter 11 on zoning — you still may shoulder their load of the financial, legal, main- have these issues to deal with. tenance, and other responsibilities. Or that how- Frankly, property owners who want to turn ever benign the owners, the others may project their already-owned land into the site for an all kinds of parental/authority-figure issues onto intentional community often have the greatest them, further clouding the issue. Such inadver- challenge, even though it may seem as if they tent “fiefdoms” tend to repel competent, solvent, have already overcome the largest hurdle. When and informed community seekers, yet attract one or more people are the owner-landlords and people with few skills and limited funds who are, the rest are tenants, or when a land-based busi- perhaps unconsciously, seeking a generous “par- ness is also involved and one or more people are ent” to take care of them. The owners end up the owner-employers and the rest employees, functioning like a substitute mom or dad — there’s an imbalance of power. The owners have whether or not they welcome the role — with a enormous power over everyone else, who can be passel of community “children” to look after. 24 CREATING A LIFE TOGETHER

This isn’t community — no matter how badly expensive property, and could be one member everyone wants it! among many in shared ownership of the subdi- A situation like this can work, however, when vided property. there are agreements about how people can buy What if the owner wants to preserve the in to property ownership and how the size of property in perpetuity as wilderness, or farm- their financial contribution (equal shares? land, or community, for example, and doesn’t unequal shares?) relates to decision-making mind taking a financial loss in terms of the right rights. There must also be a legal entity for own- to sell it one day at full market value? The owner ing the property together, which ideally outlines can place a conservation easement on the prop- these agreements in its bylaws or operating erty or create a land trust or community land agreements. (See Chapter 9.) The group must trust before seeking like-minded fellow mem- also find a way to legally protect the owner from bers. (See Chapter 16.) the ongoing financial and legal responsibilities If you’re a property owner seeking to create such as mortgage payments, property taxes, community on your land, please take these issues insurance, and maintenance costs, and legally into account. Be willing to release total control share these responsibilities, such as through a and find ways for people to become fully partici- Triple Net Lease document. (See Chapter 12.) pating, responsibility-sharing fellow community What if some or all potential community members. And if you cannot or don’t want to members cannot afford the entire buy-in fee at release full control but still want live in close once, but can make a down payment and mort- proximity with others, please do so and enjoy it gage payments over time? One solution would be — but don’t advertise it as “community”! for the owner to become the owner-financer — Organizing Your Group the “bank” — and set up promissory notes with each person. (See Chapter 12.) Following are some start-up suggestions and rec- What if the property is worth so much ommendations from other founders: money, say, several million dollars, that the owner cannot find enough (or any) other poten- Decide how often you’ll meet, and where. It tial community members who, even with owner- helps to schedule meetings on the same day at financing, can afford to buy in and equally share regular intervals, for example, every Sunday from property ownership? One solution could be to 1:30 to 5:00. You might begin by meeting subdivide a smaller portion of the property and monthly or every other week, but when you make it available to shared group ownership. begin exploring financial and legal options and Another possibility is individual member owner- start your land search, you’ll most likely need to ship of separate lots (or a cohousing-type meet weekly, with smaller committees working arrangement with individually owned housing on various tasks between meetings. units and shared common property). A clause in At the same time, you’ll need to be flexible in community membership documents could out- your expectations about meeting participation. line members’ rights and responsibilities about Weekly meetings can become tiresome, especial- using and enjoying the adjoining larger property. ly for parents of small children. Some groups The owner would still own and control the have found ways to make participation easier for GETTING OFF TO A GOOD START 25 people, by arranging for childcare during meet- difference in how well your meetings ings, sending meeting agendas out ahead of time, function. Agenda planners schedule each or using e-mail or phone surveys to gather input item for discussion in a particular meet- and ideas. Since some people will have considering, and note expected amounts of dis- ably more time to devote to the project than oth- cussion time for each. People won’t be ers, some groups have created an internal “time able to attend every meeting, and know- bank” system of credits for hours spent in meeting what topics will be decided or dis- ings, committee work, and research tasks. The cussed ahead of time allows them to general idea is that each member “owes”the com- attend particular meetings, based on their munity a certain number of credits over a period own priorities. of several years. This way people who can’t offer • Evaluation. Allow time at the end of the much project time in the present have the oppor- meeting for evaluation, listing on a large tunity to make up for it later. piece of easel paper what you did well and what could have been better. Doing this Choose a decision-making method; decide how regularly will help your group improve you’ll run meetings. If you chose consensus as communication and meeting skills. your decision-making method, get trained in it • Minutes. Decide who will take notes or as a group, or you could end up operating from minutes, what you’ll include in them, how widely divergent assumptions about how it’s they’ll be distributed, and by whom. done, or crippling your meetings with “pseudo- Encourage people in your group who are consensus.” (See Chapter 6.) good at taking minutes to do it regularly. You’ll also need to decide how meetings will Distribute the completed minutes to be run. Most groups learn, after time, to allow everyone by e-mail and/or postal mail. newcomers and visitors to offer ideas and opinions, but to limit decision-making rights to group Decide on some general principles for your members. Some suggestions and information community. As a preliminary step, and as prepa- about conducting meetings are offered below. ration for your later visioning process, ask your- • Facilitation. Having a facilitator can make selves what are the general principles upon all the difference in how productively and which you’ll base your community. Define your smoothly your meetings run. You can bottom lines in terms of: arrange for one or more group members • Potential location and relationship to the to be trained in facilitation, or you can land (urban or rural, small gardens or have all members take a facilitation work- large farming operation, and so on). shop, and rotate the role in your group. • Preferred distances from cities, major You could also exchange meeting facilita- airports, educational resource centers tion with other communities or with such as colleges or universities, wilderness forming-community groups in your area. or recreation areas, and other places • Agendas. Having meeting agendas created important to your group. ahead of time and sent out to everyone in • Lifestyle issues (whether you’ll have diet your group before meetings makes a huge preferences, or will be oriented to single 26 CREATING A LIFE TOGETHER

get a sense of the steps involved. Then consider SOWING CIRCLE’S GENERAL PRINCIPLES your probable type of location (urban, suburban, Here’s what Sowing Circle founders agreed on and semi-rural, or rural), your preferred area and cur- wrote down as their principles: rent property values there, and whether you’ll 1. We’ll support an educational center. seek raw land, developed property, or a fully 2. We’ll be non-dogmatic and diverse. developed turn-key property, in order to esti- 3. We’re not attached to any one lifestyle, diet, or mate likely down payment and mortgage costs. spiritual purpose. Also estimate the costs of attracting more mem- 4. We’ll consider each person in a couple relationship bers (if applicable), creating your legal entity, as a single, individual member. searching for likely properties and investigating 5. We’ll each make equal financial contributions and the best ones, and any property development or have equal shares of ownership. renovation. Divide these by your estimated final 6. We’ll each have equal decision-making rights and number of members for a rough estimate of how each contribute equal amounts of labor. much the project may cost each member house- 7. We’ll share expenses and reduce our level of hold. If you don’t have information for some of consumption. these variables, take your best guess. Compare this information with your group’s probable people, families with children, or multiple assets and borrowing power (see “Getting Real generations; pet issues; sexual orientation About Finances”). As noted earlier, if the num- and gender issues; drug-use issues). bers are too high, revise your assumptions (for • Preferred financial set up (whether example about your desired location or number everyone will contribute the same or dif- of members), and try again. ferent amounts, or contributions will be tied to decision-making rights; or which Work out a preliminary timeline. Ask your- expenses the community might share). selves the length of time in which you’d ideally like to accomplish everything necessary to move • Spiritual issues (whether you’ll have a to community and set up your physical infra- preferred spiritual orientation or practice, structure. Creating a preliminary timeline based be spiritually eclectic, or secular). on this estimate will provide a baseline for com- • Political issues (whether you’ll be paring your expectations to the reality as it activists, or will support politically active unfolds.You will most likely need to revise it members). many times as you progress through the steps. • Educational issues (whether you’ll offer Timelines, like budgets and flow charts, are classes, or will be a model and demon- planning tools to help you anticipate what might strate site, and so on). be needed at various points, and to give yourselves a series of small goals to help you achieve Create a preliminary financial model. As noted larger milestones. Timelines can also be helpful in Chapter 1, you’ll need to create a rough finan- by serving as a kind of visualization tool. It’s the cial model to get a general idea of the amount of process of planning — not necessarily any given money to raise. Read Chapters 9 through 16 to plan — that’s important. GETTING OFF TO A GOOD START 27

Create a decision log. A record of decisions is an need to decide at the outset how to keep finan- invaluable reference. Update it frequently, post a cial records, taking into account how much dues copy on the wall before meetings, make copies or financial contributions will be, and whether available for members to take with them. Give a any part of these are refundable, and so on. copy to each new member who joins the group. When a group doesn’t create a decision log, Begin writing community policies and agree- people tend to continually revisit the decisions ments. At some point you’ll need to draft agree- that have already been made, which wastes time ments and policies, with regard to financial and drains the group’s energy. Stand by your expectations, communication processes, behav- decisions and resist the temptation to revise pre- ioral norms, and other issues. Some of these vious decisions because new group members you’ll need now as a forming-community group; may want something else. It’s fine to revisit a others later, as shared owners of your property. decision when there is a good reason to do so, (See Chapter 7.) but don’t do it frivolously. (See Appendix 2 for Buffalo Creek’s decision log.) Help each other stay accountable. Before long you’ll need to draft documents and budgets, visit Agree on criteria for group membership. What properties, and research financing options, zoning qualifies someone to become a decision-making regulations, and other matters. You’ll probably member of your group? Are there a minimum assign yourselves tasks and completion dates, as number of functions or meetings newcomers many of these tasks will need to be completed by must attend before having decision-making a particular date so the group can take the next rights? (See Chapter 18.) Many groups find that step.Yet,because unexpected work or family com- a small, non-refundable financial investment mitments or the inability to manage time wisely, ($100 or so), and/or a smaller dues fee of perhaps people often don’t do what they say they will, with $10 a month tends to generate group commit- negative consequences for the group. You’ll need ment and helps separate out the mildly curious. relatively painless, guilt-free ways to help you stay accountable to each other, such as task reviews, Identify your vision and create your vision doc- task wall charts, buddy systems, and other means. uments. The light that will guide all your efforts, Sowing Circle founders agreed that one person this will be one of your first major tasks as a would call each person to ask if he or she had group. (See Chapters 4 and 5.) completed their tasks. It was set up as an official tracking system, not a criticism, so no one would Keep accurate financial records. In the begin- feel singled out. (See Chapter 17.) ning you’ll probably have minor expenses such as refreshments, copying, and postage costs. As you Establish guidelines for group process. This become more committed, expenses might means making decisions cooperatively, communi- include consensus facilitation training, expenses cating honestly, and holding each other account- associated with visiting communities or attend- able for responsibilities. It means giving feedback ing communities conferences, and so on. While and asking for change without making each other more significant expenses will arise later, you’ll wrong, and facing and resolving conflict. 28 CREATING A LIFE TOGETHER

While many groups don’t deal with these ing a fire drill before you have a real fire. (See issues until they’re forced to, I believe learning Chapters 17 and 18.) these skills early in your group life is one of the most significant aspects of creating a healthy Identify goals, record and celebrate your community. Some groups set aside a separate progress. Groups, like individuals, feel energized meeting once a month where members can and successful when they see themselves pro- openly express their frustrations or concerns gressing steadily toward their goals. To help and seek to resolve them. Some amount of con- focus your efforts, you can write down each of flict is normal and expected. It’s important to your goals on a timeline chart (for example, cre- create a conflict resolution plan and practice it ating your visioning documents, getting consen- before you have any significant conflict, like hav- sus training, creating your site criteria). Post the

“MAGICAL THINKING” AND THE ANTI-BUSINESS ATTITUDE

Bill Fleming, a cohousing founder, cautions communi- anything remotely related to business, multinational ty groups against using “magical thinking,” a term for a corporations, or the government. Like many other belief common to four-year olds in which simply countercultural folk, I was also intimidated by tools imagining something means it will happen. “Mommy, I and processes used by the mainstream, didn’t under- can fly to the moon!” stand how they worked, and turned them into sym- Community founders engage in magical thinking bols of everything I rejected. when they disdain facts and research gathered by But over time I learned not to mistake the tool for other members on, say, legal options or environmen- the motivation. I learned “business” is not the same tal issues, and consider the research results to be mere thing as deceitful business practices, money is not the opinions, no more valid than anyone else’s. Magical same thing as domination and the lust for power, legal thinking is in play when people distrust the process of structures are not the same as corporate greed. counting or measuring anything to predict likely out- Every community formed since the early 1990s comes (acres, square feet, years, dollars, amounts of that I know of, has been motivated by a spiritual principal and interest) in favor of intuitive guesses and impulse and/or by environmental and social justice inner guidance, or by dismissing tools such as budg- concerns. Their founders learned to understand and ets and business plans as being “oppressive” or use tools also used by mainstream culture — creating “restricting our creative flow.” legal entities, buying property, borrowing money, This is related to the pervasive anti-business feel- paying interest — in order to create viable alternatives ing which is common in communities — distrust or to mainstream culture. They use these tools to help outright fear of financial planning, borrowing money, create the kind of world where people share interest on loans, contracts and written agreements, resources, make decisions cooperatively, and are corporations and other legal entities, and the like. I mindful of their relationships with the Earth, their plant can understand it. In my younger years I was against and animal relations, and each other. I urge you to do the same. GETTING OFF TO A GOOD START 29 chart on the wall before meetings, estimating the privacy. Write the following on a sheet of easel date by which you’d like to accomplish each goal. paper and hang it where everyone can see it: Highlight or circle each goal as you achieve it. Revise the timeline often, since it probably won’t A: Down Payment/Development. Amount be accurate for long, but always show your you could pay as an equal financial contribu- already-achieved goals. Celebrate when you tion for the down payment and property reach certain milestones; honor and acknowledge development. what you’ve done. Creating community is a huge undertaking, yet here you are doing it, step by B: Monthly Member Assessments. Amount measurable step. you could pay on an ongoing basis as monthly member assessment fee for property pay- Getting Real about Finances ments (principal and interest on any loan(s) One of the most common pitfalls for forming- for property acquisition; property taxes, community groups is unrealistic expectations insurance, repair and maintenance fund). about how much it will cost. To become familiar with the kinds of expenses associated with buy- C: Potential Private Loans. (If applicable) ing and developing community property, read Amount you could make available to the Chapters 9 through12 on locating, buying, and group as a private loan for property purchase financing community land (and keep in mind and development. that these prices will most likely be higher now). You can get an overview of property prices in the Hand out identical pieces of paper and ask area you’re considering by looking in the real each person to write down an amount for A, B, estate sections of the papers or calling a few real- and ifapplicable to them,C,without identifying ty companies there. themselves. Collect the papers, add up each amount, and write these totals on the easel How much can you contribute? At some point paper. Without anyone’s feeling embarrassed, you’ll then need to discuss your individual finan- you can get a general sense of what your group cial situations openly, including whatever income can afford at this point. or assets you each could make available to the If you’re like most groups, you’ll probably project. People are reluctant to share their per- need to borrow money for property acquisition, sonal financial information for many reasons — thus your other financial baseline is your group’s normally it’s no one else’s business, and it violates total borrowing power. Two exercises in a cultural taboo. Wealthier people are often “Assessing Your Potential Borrowing Power” (see reluctant to discuss their finances for fear of Chapter 10) can help you figure this out easily. making themselves vulnerable to reactions rang- At some point,members will need to stop ing from resentment to outright violence, while being anonymous and let the group know how those with fewer assets wish to avoid pity or even much each may be able to contribute to the dismissal by others. down payment and other land-purchase expens- Here’s an exercise you can use to begin the es, and everyone’s potential borrowing power. I discussion while preserving everyone’s financial suggest having general discussions first, then 30 CREATING A LIFE TOGETHER schedule a discussion at a subsequent meeting When someone can’t afford it. When a member where you’ll tell how much you could contribute, can’t afford the buy-in fee, some groups reluc- so everyone will have a chance to think about it tantly decide that they won’t be able to join the ahead of time. community. Other groups figure out ways to No doubt a few group members will have far make it financially possible for everyone to join. greater assets than most others, and some will For example: have far less. More affluent members will be able to contribute more money than others, either as • The community could loan the person the project’s required contribution, or as a private part of the money for the required down loan (and sometimes, though it’s rare, as an out- payment from its development fund, as right donation to the project). Keep in mind that Sowing Circle/OAEC did. The person your group will have several choices with regard then reimburses the development fund to handling contributions to the property pur- over time. Alternatively, another group chase and development. Some examples include: member, or several members, could loan the person part of the required contribu- • You can each pay equal contributions, tion. and tie those contributions to equal prop- • The community could buy the property erty ownership rights and responsibilities with equal contributions from most and decision-making rights, as Sowing founders, but allow some founders to pay Circle/OAEC founders did. half down and the rest in monthly pay- • The community could pay for its proper- ments with interest, as Earthaven did. ty purchase and development with loaned • The community could buy the property funds, with no requirement for a buy-in with equal contributions from most fee, and all members could pay monthly founders, but allow some founders to pay fees that reimburse the loan(s), as with the equivalent ofso many years’ Dancing Rabbit did. labor for the community at some agreed- • You could gather equal contributions upon hourly wage, through a labor con- from founders that guaranteed the right tract, as Earthaven did with some early to build on a plot of land, as Earthaven members. founders did. • The person doesn’t contribute to the land • One member could buy the property, and purchase, but pays the community a essentially loan this amount to the other monthly rental fee to live in community- group members, who would pay the owned housing. The community would member back over time. need clear agreements about whether the • One member could buy the property and property-use and decision-making rights the community could refinance as a hous- are different for founders who are tening co-op, with the founder being reim- ants. Alternatively, the tenant-members bursed all funds except his or her co-op could save money over time to pay the share, as Mariposa Grove plans to do. buy-in fee. GETTING OFF TO A GOOD START 31

• The person could rent a room or a rental take the property off the market and, if needed, unit, or share housing with another com- costs associated with researching its feasibility munity member. Again, doing this would for your group and/or getting an exception to require clear agreements about any dis- zoning regulations. Community groups create tinctions in property use and decision- different methods for collecting funds; for exam- making rights. ple, collecting a small monthly amount and • If the amount of financial contribution is assessing yourselves larger lump sums at key tied to the size and cost of the housing points along the way. unit, the community could create studio- If you hire a member of your group to devote sized housing units for founders with full or part-time to the project for a time, that’s fewer assets, as some cohousing commu- another expense. (Or you could do as one group nities have done. did, and give the person a deep discount on buy- • In “lot model” cohousing communities, in in costs and/or the first choice of homesite or which each member buys a lot and builds living space.) their own dwelling, the community could Raising Money from Supporters allow the member to use the kitchen and shower facilities of its common house, and You might also raise funds from others. build a small sleeping hut on his or her Earthaven cofounder Valerie Naiman suggests site, while saving enough money is to having a document showing your community’s build a house, as Sharingwood Cohousing in Washington did. YOUR COMMUNITY NAME There are most likely many other ways to One of the most rewarding aspects of creating a new help founders without enough funds for the community is choosing a name. It will not only inspire buy-in fee. Sometimes the process of accommo- your group and invoke your vision, but will reflect your dating people in this situation can backfire, so it’s values and aspirations to potential cofounders, lenders, critical to put any alternative arrangements in zoning officials, and neighbors. Positive-affirmation and writing in advance, to protect both the commu- nature-affiliated names such as “Abundant Dawn,” nity in general and the specific members “Earthaven,” and “Meadowdance” seem to work well. I involved. (See Chapter 18 for Pueblo Encantata’s don’t recommend pretentious, flowery, or overly idealis- experience with one such arrangement.) tic names, since (perhaps because their founders were never grounded in business, legal, and financial reali- Collecting Funds ties?) communities with such names often tend to end While your expenses will be minor at first, once up as part of the “ninety percent.” Even if a community you’re about to create a legal entity and begin with a pretentious name gets off the ground, being your land search, you’ll need several thousand called “Harmony Bliss Spirit” can prove downright dollars from each committed member for costs embarrassing during the inevitable periods when peo- associated with forming a legal entity and the ple feel disillusioned or find themselves embroiled in land-search process. When you find a likely conflict. property, expenses can include an option fee to 32 CREATING A LIFE TOGETHER mission and purpose, values, and goals to show press releases, and classified ads should be to to friends, family, and others who might want to whet people’s appetites and send them straight to support your community project. You could your website, where they’ll learn much more organize fundraising events such as benefit par- about your interests, values, and plans. This is ties, with donated live music or catering, or ben- where you reveal as much of yourselves as possi- efit auctions with donated auction items, as well ble. Use your vision statement and other vision as offering supporters the opportunity to give documents (“This is what we’re about”), your low-interest loans. Along with membership decision log (“This is what we’ve done so far, and dues, gifts and friendly loans from supporters what we ask new people to agree to”), and your can total several thousand dollars. “How to Join Us”document (“These are the steps and requirements for joining our group”). Make Attracting and Integrating New Members sure you clearly describe the financial requirements for participating, once you’ve decided on At some point you may decide you’d like other them. You can include photos of yourselves look- people to join your group. You might want to ing like a friendly and engaging bunch of folks, simply tell friends and acquaintances what you’re perhaps a “Frequently Asked Questions” docu- doing and invite them to a meeting, or you could ment, relevant agreements or policies, and photos cast a wider net and draw from the public. of your intended property once you’ve found it. If you decide to draw from the public, target Be sure to make it simple to request information your promotion to people with values and inter- through the website, and designate a member of ests compatible with your future community. If your group to handle these inquiries. you’re planning an ecologically sustainable com- You’ll want the information on your website munity with organic gardens, for example, mail to draw only the people who resonate with your press releases to local environmental organiza- group’s particular values and vision. If you don’t tions and post flyers at health food stores, farm- use a website, you can use brochures and packets ers’ markets, and organic-food restaurants. of printed materials to accomplish the same Use aspects of your vision statement and goals.“It’s more important to reach the right peo- your mission in your flyers or brochures. For ple than simply a lot of people,” notes example,“We’re seeking to form a community of Meadowdance cofounder Luc Reid. ____(kinds of people)___, to buy ___(number You could follow up any inquiries by sending of acres)___ in ___(county/counties)___ in out a thank-you letter and a questionnaire for order to ____(purpose of community)______. inquirers to fill out and return. If it’s a longer brochure, include a few paragraphs A next step could be for interested people to summarizing the key aspects of the values and visit your group. Have a regular procedure of goals of your community. Use this in any press welcoming visitors at the beginning of meetings, releases you may send out as well. and introduce everyone around the circle. If they One of the best ways to attract like-minded show an interest in becoming members, give people is a community website. I suggest creating them a copy of your vision documents and your one as soon as your group feels committed “How to Join Us” document (even though they enough. The purpose of your flyers, brochures, may have already seen these on your website), a GETTING OFF TO A GOOD START 33 current version of your decision log, and other ities that might include preparing food and eating relevant materials. Explain your process for meals together, hiking and swimming, playing when and how new members can participate in volleyball or other sports, making music and meetings and when they’ll have full decision- singing, and telling stories around the campfire. making rights. (Some communities require new Storytelling is an excellent way to create inti- members to take a consensus workshop before macy on deeper levels, especially if the topics are becoming full members. ) Community consult- self-revealing and personal. One way groups can ant Rob Sandelin suggests assigning new mem- do this is to tell their life stories, focusing espe- bers a “buddy” who will be available by phone to cially on life-changing events or those that affect- answer any questions about your process and ed them deeply. Another is to ask each person to your progress so far. share for 20 minutes or so about the attitudes in their family of origin on such normally taboo Creating “Community Glue” subjects as religion, money, or social class. Such Forming a community is not really about your sessions can not only lead to a much closer sense property-purchase and development goals, but of connection, but can also help people under- about generating a sense of community — a stand how each group member might approach kind of group well-being in which you’ve con- such community issues as sharing common nected with each other emotionally and know property or handling community finances. each other deeply. If the group is small enough, or if there’s Rudolf Steiner said that shared physical enough time, each person can tell stories in turn. activities — when people move the body and vocal chords — bonds people at such deep levels that their connection tends to last. This certainly BREAKING BREAD TOGETHER confirms most groups’ experience of what makes In some communities individual households have people feel connected and committed to each kitchens and eat meals at home, with shared meals one other — working together in shared labor, eating or more times a week. Other communities have central together, telling each other their life’s experiences, kitchen and dining facilities where members share three speaking from the heart about personal or inter- meals a day. How many shared meals are necessary to personal issues, singing, dancing, doing rituals, make a difference in community glue? and celebrating birthdays and holidays. “Count up the number of days in a week that a group Most groups have weekly or monthly shares meals, and you’ll have a reasonably good barom- potlucks, often associated with business meet- eter for measuring the closeness of that community,” ings, which certainly contributes to community observes community activist Geoph Kozeny. “When the glue, as well as making decisions together and frequency gets up to four meals a week or so, somehow personal sharing, such as check-ins and wisdom the social glue gets stronger.” circles. (These are explored more fully in Almost every community described in this book Chapter 17.) begins common meals by standing in a circle and hold- One of the best ways for a group to experience ing hands and either taking a moment of silence, offering a sense of community is to rent a rustic lodge a prayer, or singing a song. with kitchen facilities for the weekend, with activ- 34 CREATING A LIFE TOGETHER

If time is more limited, people can put their some people could realize it’s not for names in a hat and draw out as many names as them and leave. However, new people will there is time for, with future meetings planned so join, attracted by your group and your everyone will get a chance. Shyer members can community vision. choose not to speak, but will still enjoy listening • When you agree on criteria for your to other people’s stories. The group can use a property more members could exit — kitchen timer to help each other keep to their that’s not really the kind of land they agreed times. Storytelling evenings are so enjoy- wanted. But new people will join — it’s able they can be repeated many times. exactly the kind of land they wanted. Pioneers, Settlers, and the Flow of • When you agree on financial criteria for Members your community, you could have another exodus — some can’t afford it. But more Two kinds of people are usually attracted to will come, and your financial criteria will forming communities — pioneers and settlers. let them know whether they can afford it. Pioneers take risks and leap into the unknown. • They start the group, do the research, find the When you decide to purchase a particu- land. Settlers wait and see if the pioneer group lar property there may be a stampede for can pull it off. They come in later, when more is the door. Some back off because it’s not known about the project, and when there’s some- the right property after all. Others flee thing more visible to join. Settlers need the pio- because it’s a supreme reality check. Now neers to break trail for them. Pioneers need the that they’re staring community full in the settlers to join when it’s time to raise money and face — gulp! They realize they’re not make the project happen. Pioneers are like entre- ready for it; it’s too huge a commitment, preneurs. Settlers are like wait-and-see investors. too great a lifestyle change. Forming community groups need both. In most groups, relatively few people meeting However, after this point, many more people in the early months will actually end up moving may join the group — because they like you, into the community (although it’s possible a they like your vision, they can afford it — and tight group of friends will go the whole distance. they like your beautiful property! This is often “The group you start with won’t be the group the time when settlers, watching from the side- you’ll end up with,” says Sowing Circle lines, get active again, and bring their check- cofounder Adam Wolpert. “Even some of your books. key founding group members may not be there when you buy your property.” People usually leave when you reach certain milestones: You’re on your way. Next, your first significant • When you identify your community step towards community — identifying your vision and write your vision documents, community vision. Chapter 4 Community Vision — What It Is, Why You Need It

T WAS CRISIS TIME at a community I’ll call so much and can share things equally and all get IWillow Bend. This small community in the along!” rural Midwest launched itself in the early Except they weren’t getting along, and were nineties with no vision or vision statement. That competing mightily themselves, for the underly- means they had no shared expression of their ing basis of Willow Bend’s reality. With no com- desired future, no “why we’re here” agreement mon vision, they had nothing to return to — no that aligned community members and inspired common touchstone of values, purpose, or aspi- them to work toward their shared aspirations. rations about why their community life mat- Then the bottom fell out of the market for tered, how it fit into the larger world. Because the wooden children’s toys they manufactured as they use consensus decision making, no majority their primary community business. Overnight of Willow Benders with the same vision could they lost almost half of their annual income determine the vision for the whole group. On the base. Under severe financial strain, the members surface it looks like they were arguing about held long meetings to figure out what to do. money. But they were actually expressing the Unfortunately different Willow Benders had inherent structural conflict of not all standing on widely different ideas about their purpose for the same ground. And unlike folks in forming- being a community. community groups, people with different visions “We’re here to show people a low-consump- can’t simply go their separate ways and start dif- tion lifestyle that works financially,” says Tom. ferent communities. Willow Bend was their “We’ve got to recoup our losses somehow.” home, and no one could ask anyone else to leave “No way!”exclaims Kathleen.“We’re just here because of their “wrong” vision. As the conflict to enjoy ourselves and not have to work for the grew intense several people saw no way out and man. We’ll just eat beans for awhile.” left the community. Now Willow Bend had two “How can you say that?,” asks Andy, incredu- crises — not enough money and not enough lous.“We’re supposed to radicalize people! We’re people to carry out the tasks of their other com- supposed to show that you don’t have to compete munity businesses.

35 36 CREATING A LIFE TOGETHER

I hope this (true) story illustrates why it’s so mon vision can blow a community apart when a important to establish why we’re here as a basis major challenge or crisis occurs. Or it can slowly for creating community — and why everyone in erode everyone’s vitality and well-being over the the community needs to be on the same page. years as each conflict arising from different Kat Kinkade, cofounder of Twin Oaks com- visions adds to the accumulation of resentment. munity in Virginia, describes a similar circum- “A common vision is neither necessary nor stance. Once some friends of hers were appalled sufficient for starting a new community, since by what they read in the vision documents of a many have gotten by without one, and some that particular community. But when they met some- had one failed,”observes community activist Tree one from that community whom they liked very Bressen. “But a common vision greatly increases much, they decided to visit, and found everyone the probability of success. If your group is going there to be friendly, warm, and charming. to all the trouble to start a community, can you Figuring that actions speak louder than words afford not to give yourselves the best possible they decided to ignore the community’s declared chance?” vision and values and join anyway. Sound a Clear Note But as Kat’s friends lived there over the months, they found themselves increasingly at A vision doesn’t start out as necessarily “visual,” odds with the community’s founders. While and although written down, it’s much more than everyone was warm and courteous at first, the a collection of words. It begins as a quality of newcomers’ values and goals weren’t compatible energy that grabs you and doesn’t let go. It’s like with the community’s, and soon they were a beam of energy leading your group from where embroiled in serious conflict over the direction you are to where you want to go. the community. Eventually the dissension and Your vision must be articulated in a way that distrust grew so bitter that Kat’s friends left the others can understand easily. It must be simple, community — and so did several other mem- clear, and authentic. As Sirius cofounders bers, disillusioned by the bad blood generated by Corrine McLaughlin and Gordon Davidson say, power struggles over vision and values. it must “sound a clear note on inner levels,” so it “This left the group weak, angry, and will attract others who resonate with that note. exhausted,” says Kat. “It was a community “It’s like a tuning fork against which you tragedy, and not an uncommon one.” I’ve heard measure your resonance,” says Adam Wolpert, this same story more than once about other cofounder of Sowing Circle/Occidental Arts & communities. Ecology Center. “It shows how well you’re doing So the first major task members of a forming in the theory-practice gap. It helps you aim community group is to clarify and write down high.” their vision, and make sure they all agree on it. Once it’s written down, a well-crafted vision: Some well-known, long-lived, apparently successful communities don’t have and never had • Describes the shared future you want to a common vision, or at least, never wrote any- create. thing down. This can work — but in my opinion • Reveals and announces your group’s core it doesn’t work well for long. Not having a com- values. COMMUNITY VISION — WHAT IT IS, WHY YOU NEED IT 37

• Expresses something each of you can low-cost natural building materials, and through identify with. outreach programs teach our building methods, • Helps unify your effort. particularly in Third-world countries.” • Gives you a reference point to return to during confusion or disagreement. Values. Your group’s vision arises out of its shared values, the characteristics and processes • Keeps your group inspired. you deem worthy. Values are expressed by how • Draws out the commitment of the people you behave now, and how you intend to behave, in your group. on a daily basis, as you live in community. In the above example, the community might hold val- “By describing what we want to have hap- ues of sustainability, fairness, kindness, generosi- pen,” says Adam Wolpert, “it’s like an insurance ty,service,accessibility,thrift,and conservation policy for the future, for what we don’t want to of resources. have happen.” Interests. This includes experiences, states of Elements of a Community’s Vision being, or physical things people may be interest- The terms “mission,” “purpose,” “values,” “goals,” ed in relative to your future community. Interests “objectives,”“aspirations,”“interests,” and “strategy” usually arise from values and can be expressed as are often associated with a community’s vision. goals. Many of you may be interested in com- These words mean different things to different posting, perhaps because you value sustainabili- communities, as you’ll see in the sample vision ty, and express that as a goal to build compost for documents. Here’s how I use these terms. your future community garden.

Vision. This is the shared future you want to cre- Goals, Objectives. Goals or objectives are mile- ate, your shared image of what’s possible, the thing stones you commit yourselves to accomplish, but that motivates your actions to create community. short-term, often in a few months or a year. Your It’s often expressed as the “who,” the “what” and community’s goals are measurable: you know the “why”of your endeavor. Ideally it’s described in when you’ve accomplished them. In the above the present tense, as if it were happening now. example, the group might want to finish building their model village in three years, and in the fol- Mission, Purpose. Your group’s mission or pur- lowing year begin their outreach program to pose expresses your vision in concrete, physical countries in Central America. terms. It’s what you’ll be physically doing as well as experiencing as you manifest your shared Aspirations. These are strong desires or ambi- image of what’s possible. To understand the dif- tions for inspired, elevated goals, arising from ference between “vision” and “mission,” consider values. Your community may have a goal to con- a community with the vision: “A world where struct a meeting hall for 100 people in two years, everyone has adequate, healthy shelter.” Its mis- and, because you value beauty and sacred space, sion, to express this vision physically, could be: your aspiration is to build a meeting hall that “To build a model demonstration village using will be beautiful, calming, and uplifting. 38 CREATING A LIFE TOGETHER

Strategy. Your strategy affirms a series of goals in • Build a self-sustaining infrastructure to sup- a particular time-frame. If your vision expresses port our basic needs. the “who,” “what,” and “why” of your communi- • Create homes, gathering places and guest ty, your strategy encompasses the “how,”“where,” facilities using sustainable building meth- and “when.” It usually involves budgets and cash- ods and energy sources. flow projections and time lines. Altering your • Maintain an organic stewardship of the land vision will completely change the future you’re that will provide for our own and others’ creating, but altering your strategy only changes food needs while giving back to the Earth. how you end up getting there. In the above • Create and nurture a spiritual center as the example, the group’s strategy for achieving their core of our community. goals might be to raise $500,000 and share low- cost building methods in the first two years by • Create an interdependent social system. offering public workshops and seeking grants • Initiate necessary enterprises to assure eco- from private donors and public foundations. nomic viability with minimal dependence on institutional structures and the market As we’ll see in the next chapter, a communi- system. ty’s vision arises in part from the resonance of its • Establish educational, leadership, intern- individual members’ combined values, interests, ship, and exchange programs that will aspirations, and goals. enable us to be of service to others, com- Nature’s Spirit, an aspiring spiritual commu- municate and share our experiences, and nity in South Carolina, expressed the difference link with similar local and global efforts. between their vision (their dream), mission (their physical activities), and goals (their specific, measurable actions) this way: Your Vision Documents and Vision Statement Vision: A world that values the diversity of all life and provides for its sustainability by living in har- Some communities have formal vision documents mony with nature and spirit. that describe in inspirational terms the shared future they hope to create together. Other groups Mission: To create a community in which we work may have various documents that give a sense of to expand our consciousness by living in the ques- their vision, often conveyed through a vision state- tion: How does one live sustainably in harmony ment, possibly a brief description of their purpose with nature and spirit? This will enable us to be of or mission, inspirational or factual paragraphs service, share our experiences, and link with simi- about their community and what they hope for it, lar local and global efforts. and sometimes lists of shared values and goals. These can appear in internal agreements and Goals: covenants or formal documents associated with • Procure and care for a commons — a land the legal entity through which the community trust that will ecologically support a small owns land (corporate bylaws, partnership agree- village of 50+ people. ments, or operating agreements), and in promo- COMMUNITY VISION — WHAT IT IS, WHY YOU NEED IT 39 tional literature such as website text, brochures, (and sometimes, its goals). and information packets for prospective members. • Is short, ideally about 20-40 words. Your community’s vision is not the same • Embodies the same quality of energy as thing as its vision statement, although a vision your vision. statement serves some of the same functions. • Helps focus your group’s energy like a lens. The vision statement is your vision articulated — a condensed version in a few sentences. “It’s • Offers a shorthand reminder of why like a notice posted at the gate to all who would you’re forming community. like to enter,” says Stephen Brown, cofounder of • Helps awaken your vision as a energetic the former Shenoa Retreat and Conference presence. Center in California. “It says, in effect, ‘This is • Is easily memorized, and ideally each of what we are about; this is what we hope to you can recite it. accomplish; this is what guides us’.” • Communicates your group’s core purpose to others quickly: “This is what we’re Shenoa Retreat and Learning Center: We have about.” joined together to create a center for renewal, education, and service, dedicated to the positive • Allows your group to be specific about transformation of our world. what it is — and is not. • Is what potential new members want to Harmony Village Cohousing: We are creating a see first. cooperative neighborhood of diverse individuals sharing human resources within an ecologically And, like your community vision itself, the responsible community setting. vision statement: • Is something every member can identify Meadowdance Community: We are an egalitar- with. ian, child-centered community that welcomes • Helps unify your effort. human diversity, ecological sensibility, mutual • Keeps your group inspired. learning, and joy. • Reveals and announces your core values. Earthaven Ecovillage (from “ReMembership • Gives you a reference point to return to Covenant”): (We are) an evolving village-scale during confusion or disagreement. community dedicated to caring for people and the Earth by learning, practicing and demon- Like the examples above, your vision state- strating the skills for creating holistic sustainable ment should be fairly clear and unambiguous. culture, in recognition and celebration of the There seems to be a high correlation between Oneness of all life. clear, specific, and grounded vision statements and communities that actually get built — and A well-crafted vision statement: between flowery, vague, or downright preten- • Offers a clear, concise, compelling expres- tious vision statements and communities that sion of your group’s vision and mission never get off the ground. 40 CREATING A LIFE TOGETHER

(Note: Some of the communities from which Northeast. Six years after moving to their land, I excerpted sample vision statements, pg. 39, use and after finishing a major building project, they the terms “vision statement” and “mission state- began having differences about what their next ment” differently than I’ve just described. But steps should be. They couldn’t understand why you’ll get the gist.) their conflict was so intense. Why were they so at odds with each other? What was wrong with Do It First those other people? Finally the group called in a Identify and articulate your vision first, before group process consultant who asked each mem- buying property together. If not, you could end ber to fill out a questionnaire about what they up like one eco-spiritual community in the valued and aspired to in their community. The

EXCERPT FROM VISION DOCUMENTS, DANCING RABBIT ECOVILLAGE

Our Mission: To create a society, the size of a small We intend to grow to be a small locally self- town or village, made up of individuals and commu- reliant town of 500 to 1000 residents, committed to nities of various sizes and social structures, which radical environmental sustainability. We will be allows and encourages its members to live sustain- housed in a variety of living arrangements, eat a vari- ably. (“Sustainably” means in such a manner that, ety of foods, and work on varied projects. It will be within the defined area, no resources are consumed a society flexible enough to include egalitarian com- faster than their natural replenishment, and the munities, cohousing, and individual households. But enclosed system can continue indefinitely without while we may have different approaches to some degradation of its internal resource base or the stan- issues, the common desire for environmental sus- dard of living of the people and the rest of the tainability will underlie all key decisions at Dancing ecosystem within it, and without contributing to the Rabbit. non-sustainability of ecosystems outside.) Although Dancing Rabbit will strive for self-suffi- We encourage this sustainable society to grow to ciency and economic independence, we will not have the size and recognition necessary to have an be sequestered from mainstream America. Rather, influence on the global community by example, outreach and education are integral to our goals. We education, and research. will vigorously promote ourselves as a viable example of sustainable living and spread our ideas and While Dancing Rabbit is still a small community in discoveries through visitor programs, academic and the pioneering stage, we call ourselves an ecovillage other publications, speaking engagements, and the because our vision is of something much more than like. what we currently are. (See Appendix 1 for more sample vision documents.) COMMUNITY VISION — WHAT IT IS, WHY YOU NEED IT 41 questionnaire revealed that community members munity’s success. I knew two forming communi- lived in either one of two subtle but different parties with beautiful vision statements that broke adigms of reality, expressed by the following two up. One halted because its members were young vision statements: parents with too many responsibilities to spend the time that creating a community requires. The 1. We are an educational organization and other was geographically challenged — its mem- model demonstration site based on ecologi- bers were aligned in vision, but members had cal principles. We live as a residential com- strong loyalties to two different locations. Some munity in order to facilitate our work hosting forming community groups with well-aligned classes and workshops. visions have broken up for other reasons, such as 2. We are a community of supportive friends losing their chosen property to a competing valuing an ecologically sound, sustainable buyer with more money. And some new commu- lifestyle, and to help others, we offer classes nities with great visions that have already moved and workshops in these topics. to their property and begun building, have sometimes been brought down by conflicts with Some community members believed the neighbors, zoning regulations that restricted first was the community’s reason for being, oth- their expansion, or the departure of too many ers believed the second — and until that time members. Although it doesn’t solve everything, at no one knew the other reality existed. It was a stun- least an inspired common vision gives a chal- ning revelation. Different people had different lenged community a central core to rally around visions, which they incorrectly assumed every- during challenges like these, and encourages them one shared. Although by this time people were to have the heart to persevere. arguing most of the time, their core problem Other structural-conflict issues can break up wasn’t interpersonal conflict. Their problem communities as well — coming to grief over was structural — built into the system. Theirs how decisions should be made, or what their was definitely a “time-bomb” kind of conflict, agreements were, or through exhausting inter- with members unable to see it’s not that “John’s personal conflict. Nevertheless, and I can’t being unreasonable” or “Sue’s irresponsible emphasize this strongly enough — for the best again,” but that John and Sue were each operat- chance of success, make creating your vision and ing from a different assumption about why the vision statement the first thing you do. community was there in the first place. And what should they do with such structural conflict? Which people should stay in the community and which had the “wrong” vision and How do you do this? We’ll explore that next. should move out? Having a clear, grounded, inspired vision and vision statement does not in itself ensure a com- Chapter 5 Creating Vision Documents

HE PROCESS OF COMMUNITY visioning can makes suggestions for improvement, and Tbe exciting and challenging. It involves sends it back to the small group for revision. deeply held values, strong interests, and high The back-and-forth process between the task aspirations. It brings up both known and hidden force and whole group can occur as many expectations and assumptions. times as needed until it’s done. The larger or The members of your group may hold many the more diverse your group, the longer this shared values and some differing values, and sim- process may take. ilar as well as wildly different ideas and expectations. Some of these may be realistic, others not. Some groups finish within a few weeks or Your task is to unearth, sift, and refine these months, but only if they’re relatively small, their ideas and expectations until you come up with a members know each other well, or they’re fairly grounded yet inspiring description of your homogeneous in interests and values. But if your shared community future. group is large, your members diverse, or your This generally involves two steps: plans ambitious, it can take more than a year. The six cofounders of Shenoa Retreat and 1. Exploring the territory. Yo u e x p l o re yo u r Conference Center spent a year and a half iden- dreams, hopes, and expectations for commu- tifying and crafting their vision documents. The nity in a series of visioning sessions, writing 15 to 20 members of Earthaven’s original group down highlights of what you learn, ideally on spent two years. large sheets of easel paper. The sessions can Some community veterans say it’s better if the include wide-ranging discussions, deep per- group is relatively small, for example between sonal sharing, and visioning exercises. It’s three to five people, or at least no more than ten. best if these sessions are long — half-day, Visioning with a smaller number of people helps day-long, or weekend meetings. reduce the likelihood that the group will try to 2. Writing it down. A smaller task force or contort itself this way and that in order to include committee uses this material to draft a pre- the diverse visions often found in a larger group. liminary vision description and vision state- “It’s far better to start with a very small ment. The whole group critiques the work, group, even two or three people who have a

42 CREATING VISION DOCUMENTS 43 strong agreement about the purpose of the com- A scenario like this could have several out- munity, and allow it to unfold organically from comes: that strong and firm nucleus or seed, than it is to 1. The vision of the original group members start with 20 people who have no clear agree- remains constant and the people who res- ment or purpose, and then try to discover one,” onate with it remain involved. Those who advise Robert and Dianne Gilman in their book don’t, leave the group. Ecovillages and Sustainable Communities. 2. Some people leave your group, disappointed However, regardless of the size of your group, that more people didn’t share their vision. everyone needs to contribute to the vision. It New people join your group, attracted by the doesn’t work if especially influential people artic- vision articulated by the largest number of ulate the vision and everyone else just goes along remaining group members, or by the most with it. When people don’t “vote” for the vision at influential members. the outset by helping create it, they end up “vot- 3. Your group disbands. Too many people ing” for it later, through their behavior. Those wanted too many different things. aligned with the vision will vote “Yes” by behav- 4. Your group splits into two or more smaller ing consistently with it; those who were never groups. really aligned may vote “No” on the vision by balking at or unconsciously sabotaging certain What’s typical? Smaller groups of long-time processes or tasks later. If everyone in the group friends, especially those who have already participates in the visioning process and buys into worked together on visionary, spiritually orient- it at the beginning, the community functions as a ed, or activist projects tend to align to a common more harmonious, cohesive whole later on. vision. Larger groups, especially those whose participants don’t know each other well (such as More Than One Vision? people responding to public announcements You may not be able to resolve vision differences about forming a community), tend to experience easily. Let’s say you discover that most people in high attrition and/or splinter into smaller your group want a rural self-reliant homestead at groups. This is fine. One or more of the smaller least an hour’s drive from the city, but others groups may go on to form a community. want a country place that’s no more than 30 min- If a group is small and based primarily on utes from their city jobs. Among both the hour- deep connections or shared friendships, most away and job-commuter groups, some definitely members will tend to stay in the group and alter want open, honest feedback but others want any expression of community vision to fit every- none of that “touchy-feely stuff.” Some of the one’s interests and desires. The founders of for-process as well as anti-process people want a Sowing Circle/OAEC in northern California homeschooling co-op; others don’t. With diver- were long-time friends and environmental sity like this, you’re probably not destined to end activists, some of whom had been housemates up in the same community. But your visioning on and off for 15 years. They wanted a commu- process wouldn’t be wasted. It could help bring nity that would operate an educational center clarity to what each of you does and does not and demonstration site based on ecological prin- want in a community — a helpful first step. ciples. One artist member supported this vision, 44 CREATING A LIFE TOGETHER yet wanted to continue painting and teaching each person, either because the group needs to painting. So the when the community estab- recruit new members or because they have a mis- lished its non-profit center, they included arts guided sense of wanting to take care of everyone and called it the Occidental Arts and Ecology or be ‘all things to all people,’” says Stephen Center, offering workshops on landscape paint- Brown.“To be successful, a forming community, ing along with those on organic gardening and like a business, needs to hold a relatively narrow permaculture design. focus and sharply defined objectives. If the com- This kind of coalescing of interests usually munity tries to do too much, by attempting to works best if a founding group is fairly small. meet the needs of all who come along, it will Most of the seven founders of Abundant Dawn spread itself too thin and either not get off the community in rural Virginia had previously lived ground or run out of steam fairly early on. The in large income-sharing communes. Some want- vision therefore also defines what the project ed an income-sharing community; others want- does not intend to accomplish. If your vision is ed independent finances. Since friendship and too broad or comprehensive, and tries to please connection was their major draw, they formed all of the people all of the time, it will fall of its smaller subcommunity “pods” within Abundant own awkward expansiveness, trying to be in too Dawn. Founders favoring income-sharing many places at once.” became the Tekiah pod, those favoring inde- How do you handle it if, after weeks or pendent incomes became the Dayspring Circle months of visioning sessions, you discover you pod, and they all still got to live in community are really two potential communities? What if together. many people leave, or the group splits in two? However, if a forming community is not This can feel chaotic and disorienting — and based on existing friendships but on an idea that newly bonded group members or long-time it would be nice to live in community, then the friends can feel loss knowing their friends won’t original founders will probably hold to their par- be joining them in the same community future. ticular visions and others will drop out, especial- If this happens it’s perfectly OK; it’s part of the ly if the initial forming group is large, or if its process. members were attracted through flyers or other “A key challenge for the group at this time is public means. Such a group tends to have multi- to help everyone discover his or her own vision, ple values, aspirations, and expectations, making and, in so doing, allow everyone to see which the visioning process more complex. Some com- visions are sufficiently aligned to serve as the munities, particularly cohousing communities, basis for the group vision and which visions need begin with this challenge. to find expression elsewhere,” observe Diane and When your group is diverse, do you adopt a Robert Gilman in Eco-Villages and Sustainable vision that will cause some people to stay and Communities.“It is important to avoid the expec- others to leave, or do you try to mold the vision tation that every initial member of the group to meet everyone’s different values and interests? should continue with the group, since for some Don’t try to create a one-size-fits-all vision. that could mean either suppressing their own “All too often there’s the temptation to accom- vision or attempting to force a vision on others modate or shape the vision to suit the needs of that the others do not truly share. Honor each CREATING VISION DOCUMENTS 45 person’s contribution and don’t be afraid to sort more tentative about the idea of community or out who will and who won’t continue with the about your group specifically. You may want to group.” consider asking these people not to participate in Finding out that you have multiple directions the visioning process. Or, you might want to and diverse ideas, and that you may in fact be include them in the processes but (with every- two different potential communities is not a sign one’s knowledge and consent ahead of time) give of failure but a step along the way. Even with the less weight to their interests and suggestions best of intentions, if your group discovers that than you do those of the more committed mem- you’re not all on the same page, you can still wish bers. This can be a difficult issue to bring up for each other well and form two communities. discussion, as some people believe “it’s not com- (And you don’t have to lose each other as munity” if you consider excluding or limiting friends.) anyone’s participation. But consider it practically. If six of you meet regularly and have similar A Sacred Time interests, and a seventh person comes occasional- Your visioning process is one of the single most ly,or is present for some but not all of your meet- important tasks you’ll undertake as a forming ings, or has substantially different ideas about community. This is where you’ll speak form the community than the rest of you, should that per- heart about what really matters to you. It’s a son’s values and desires be part of your shared sacred time. Your voices may become suddenly community future? Maybe they should, and soft, or tight with emotion. You may get tears in maybe not, but I believe you’ll be better off dis- your eyes. You’ll be unearthing — birthing — cussing and deciding this with everyone involved something here. Listen for that deep sense of ahead of time. purpose, that group entity that wants to be born. “That’s Not Community!” — Hidden And listen equally, for what seems “off,” or unre- Expectations and Structural Conflict alistic, or something only personal growth or therapy could provide. This is the time to ask Most people drawn to community have expecta- yourselves: “Are these expectations realistic? Do tions or assumptions about what “community” they make sense?” means. They believe they know why they want Visioning seems to involve both the process to live in community, and what they’ll expect to of exploring and that of revealing, much like find there. Some expectations or assumptions Michelangelo finding the sculpture hidden with- focus on activities — we’ll share some resources, in the marble. Something new emerges, sparked we’ll share some meals, we’ll cooperate on deci- by the potent brew of individual values, ideals, sions. Others arise from painful experiences aspirations, and expectations. from the past and focus on emotional states the If you haven’t done so already, it’s important person hopes to feel in community — connec- to decide now who is and is not a committed, tion, inclusion, acceptance. Past emotional pain decision-making member of your group. You can motivate people toward community because may have some less committed members, people at some level they believe community will pro- who attend meetings only occasionally or who vide what’s missing from their lives. “Missing” have only recently joined, or people who feel factors that propel people toward community 46 CREATING A LIFE TOGETHER can include affection, acceptance, inclusion, and and disappointed. Not knowing the source of emotional safety. This can involve conscious loss their discomfort, they tend to blame the commu- and known expectations — “It’s going to be like nity, or other members, for it. a warm and loving family” — as well as unfelt Second, hidden expectations about commu- pain and unconscious expectations (“…and I will nity differ widely from one group member to be totally loved and accepted, finally!”). another. This comes up when we each think Hidden expectations about community usual- we’re behaving in good community fashion but ly aren’t realistic.They often take on a golden, nos- someone else is aghast at how our behavior talgic quality, like looking back on a paradise lost. “betrays” community ideals. Someone will Here’s what one member of a forming communi- express frustration, even outrage, when we’ve just ty wrote about her personal vision of community: breached an invisible rule in that person’s own personal paradigm. “How can you say that? Like a warm embrace, a gathering of friends, That’s not community!” Or, “How could you do laughter on sunny days, caring and offering such a thing? That’s not community!” support in times of need, like coming home. The community visioning process can offer Warm, homey, spiritually rooted, peaceful, joy- your group an excellent opportunity to flush ous, celebratory, connected, close, respectful, hidden expectations to the surface and examine emotionally honest, trusting. Home! them rationally. “Don’t go into all this psychology stuff,” There is absolutely nothing wrong with this advised one experienced community friend. “It vision. It’s probably what we all want. The ques- sounds like therapy talk. Community isn’t about tion is — can we expect community to provide it? psychology. It’s about neighbors learning a high “The fantasy of creating an ‘ideal’ communi- level of functioning together so they can make ty tends to transform a simple discussion into a decisions and get the work done.” magical blend of fact and fiction,” writes Zev I disagree. Community does involve psycholo- Paiss in Cohousing magazine. “Visions of com- gy stuff — which, in my opinion, is why rough- munity are fertile grounds for the expression and ly 90 percent of new communities fail. Forming growth of long-suppressed dreams. And the a community is deeply psychological. Emotional opportunity to express these feelings can have an pain and hidden expectations exert a powerful urgent quality in the early discussion stages.” pull on people, and community founders are no Suppressed pain and hidden expectations or exception. Put a group of people in a communi- assumptions about community can be a prime ty visioning session, and you have dozens of dif- source of structural conflict “time bombs” that ferent needs and expectations, known and erupt weeks, months, or years later. This hap- unknown, ricocheting invisibly around the room. pens for two reasons. I bring this up so your group can use the First, living in community cannot erase visioning process to identify, if possible, any hid- buried emotional pain. When people find that den expectations and bring them in to the light after living in community they’re still yearning for of day. Knowing what everyone wants (and really something valuable and elusive (although they wants), will help your group see where you may may not know what it is), they tend to feel angry be on the same page and where you may not be. CREATING VISION DOCUMENTS 47

And the best time to examine this is now, in your The group will need lined paper for each per- visioning meetings, before you go out and buy son (legal pads work well), pens or pencils, pads land together. You don’t want to find wildly dif- of extra-large (4” x 6”) yellow sticky notes, both fering pain-driven expectations later, when red and green paper stick-on dots, sheets of easel everyone’s financial investment, homes, and com- paper and blue masking tape (it doesn’t pull munity self-image are on the line. The more time paint off walls), and large sheets of easel paper you spend on this issue now, the less you’ll spend covering roughly a 4’ x 8’ area of wall space, or a later. The exercises below can help your group large whiteboard. with the visioning process. See Exercise 7 for Exercise #1: Individual Values, Group help with accessing hidden expectations. Values Exploring the Territory The first exercise is designed to help people The following exercises are offered to help trig- become more aware of what they may want to ger insights and stimulate the process of sharing, experience in community living. discussing, unearthing, and revealing the compo- Depending on the size of the group, it can nents of your community vision. They’re offered take from one long day and evening, to a week- as a smorgasbord of options: you may be end (or two different day-long sessions). The inspired to choose some or all of them, modify exercise works in a large home or facility where them, use exercises from other sources, or make people can go off by themselves and concentrate. up your own. The exercise begins by writing five different As mentioned earlier, this may take several two- or three-page recollections of experiences in half-day or day-long sessions over several weeks. which you felt especially fulfilled in a communi- I suggest meeting in a cozy room with enough ty-like setting or a shared group activity. These tea, snacks, pillows, and childcare to be comfort- settings can include: able and relaxed for many hours. Choose a facilitator, or arrange for an outside facilitator. To • your family remind you of your goal, make the following • summer camp, as a child or as a camp poster on a large sheet of easel paper and hang it counselor where everyone can see it. • hiking or camping trips with friends • a college dorm, fraternity or sorority, or OUR COMMUNITY VISION student co-op • Shared future we want to create • a shared group household or intentional • Reveals & announces our core values community • Each of us can identify with it • an activist or service project, a shared work task • Helps unify our effort • a therapy group, 12-step group, ritual • Reference point we can return to group, or men’s or women’s group • Keeps us all inspired • a theatrical or musical presentation 48 CREATING A LIFE TOGETHER

• a team sports activity or shared athletic After everyone has had a turn, each person event selects five or six of the values, beliefs, or aspira- • your workplace tions that are most personally significant, and writes the essence of each in a phrase or short • the military sentence (not in a single word) on large yellow You’re looking for times when you felt pro- sticky notes. foundly happy with other people, as if you were Each person reads out their phrases and blessed to be there, as if you had “come home” — hands them to the facilitator, who sticks them on when you not only enjoyed the experience, but the wall of easel paper or a large whiteboard. The felt connected and bonded with the other people group can ask clarifying questions but doesn’t present. otherwise comment on the statements, or agree If you can only think of positive times that or disagree with them. weren’t all that profound, that’s fine. Just write After everyone has finished, the whole group, about some experiences you enjoyed with others. or a few people from the group, clusters the If you can’t think of five different times, that’s sticky notes into whatever natural categories OK too. Just write as many as you can. they seem to fall into. These may include “inter- While writing these stories focus mostly on personal relations,” “shared meals,” “governance what you felt and thought during these experi- and decision-making,” “celebration,” “shared ences, rather than going into detail about what work,” “children,” “ecological values,” “spiritual happened. values,” and so on. This is focused work that requires concentra- The facilitator gives each person half the tion. Some people can do it anywhere; others number of stick-on red dots as there are people will need privacy and quiet. Make sure people doing the exercise (e.g., three dots if you are six get the quiet they need. If some people finish people; five if you are ten, etc.). Each person before others, ask them to go elsewhere if they places a red dot next to the clusters that are most want to talk with others so they won’t disturb important to him or her personally in a future those still working. Writing five little stories can community. take several hours. Take breaks as needed, and Now the facilitator gives each person the when everyone has finished, take a break. same number of green stick-on dots as there are Each person will end up with an overview of people in the room (in other words, twice the activities they especially like to do and states of number of red dots). Within the clusters, each being they especially like to feel in a community- person places a green dot next to the individual like setting. phrases that are most important to him or her Next, form into groups of three. One person personally. at a time reads their stories and the other two lis- Sit back and look at where the dots are. This ten, taking notes if they like, and reflect back to is an indication of what’s most important to you the speaker what the stories tell them about that as individuals and as a group, and how aligned or person’s values, beliefs, and aspirations. The first divergent your values and interests may be. person writes these insights down, adding any Talk about what you see. Do most of you more that come up. share the same values and interests? CREATING VISION DOCUMENTS 49

(To keep this work for the writing-it-down In this process you each call out words or phras- phase of your visioning process, ask someone to es that embody what you’re seeking in communi- copy the clusters, phrases, and red and green dot ty. The facilitator and a second person write the indicators onto one or more sheets of easel paper words and phrases down on the large yellow you can hang in the room.) sticky notes, which they stick onto the wall space Exercise #2: Individual Values, Group covered with easel paper or a whiteboard. As you Values call out your words and phrases, don’t hold back. Say anything and everything that comes to Here is a shorter and simpler exercise designed to mind. Don’t criticize or comment on anyone get at the same kind of information, although it’s else’s offerings — this is a time to let ideas pop far less rich and revealing than the first exercise. up like popcorn, without censoring. Pass out five or six extra-large yellow sticky Cluster the post-its into categories, and place notes to each person. Everyone answers the ques- your red and green stick-on dots, as above. tions, “What values do you hold personally for Look at the clusters and dots, and talk about community?” and “What values do you think we what this shows you about yourselves. (And have share in common?” on the sticky notes, with one someone copy it onto one or more easel papers answer per note. It works best if this is done you can hang up, as above.) silently. At the end of five minutes, everyone Brainstorming is like a snapshot of your places their sticky notes on the wall of easel group at a given point in time. If you do this paper or a large whiteboard. As in the above exercise in the early stages of the visioning exercise, the whole group or a few people cluster process you’ll get a quick overview of what the the sticky notes into categories of similar values. group generally wants at that time. If you do it Don’t be concerned if people don’t just write again towards the end of the visioning sessions, values, but also write interests or ideals. The you may get different results. exercise will still give you an idea of how aligned Exercise #4: Non-neogtiables you may be, individually and as a group. Hand out the same proportions of red and Each of you lists on a piece of paper those things, green sticky dots as in the above exercise, and ask situations, and systems that must be or must not each person to put red dots on the clusters and be present before you will seriously consider green dots on the individual sticky notes that going forward with the community. Then every- express the values they hold most dearly. one reads their lists and a scribe writes them on As in the above exercise, sit back and look at a large sheet of easel paper for everyone to see. where the dots are. (And to keep this work for This exercise will show you places where various the future, ask someone to copy it down on one individuals in the group may seem incompatible, or more sheets of easel paper you can hang up.) but don’t worry; this is just a beginning step. Exercise #3: Brainstorming “The exercise is amazingly revealing, because it forces us to examine what is really important to This exercise is similar to the first two. us,” says cohousing consultant Zev Paiss. I rec- Brainstorming offers a quick overview of your ommend doing this exercise at least twice, once whole group’s many interests, values, and ideals. in the middle of your visioning sessions and 50 CREATING A LIFE TOGETHER again at the end (which may be weeks later), When your list is complete, give everyone as because what people consider “non-negotiables” many red dots each as the number of items on can change so much over the course of visioning the list, and ask each person to put dots by the work. actions they are personally willing to actually do “Despite the apparent solidity of the term in their daily lives (not actions that they simply ‘non-negotiable,’” notes Zev, “as we learn about support theoretically). Some will have dots left our personal priorities and experience working over, since probably everyone won’t be willing to with others to develop a collective vision, those do everything on the list. items most important to us inevitably change.” This exercise presumes that people aren’t sim- Exercise #5: Where do we Draw the Line? ply “for” or “against” various values but differ in the matter of degree, which show up in what they Process consultant Rob Sandelin uses this exer- are willing to actually do. It can help your group cise to help groups disagreeing over different see, immediately and visually, where you fall as choices or strategies. It shows that a group can individuals in terms of specific actions you will or agree on a common value, but not agree on the will not take regarding seemingly shared values. lengths to which each person would go to Doing this process with a variety of these shared express that value. values — “honesty,” “love of nature,” “spirituality,” Let’s say everyone in your group assumes and so on — can help you see whether most of you’re all on the same page about what you mean you, in fact, are aligned in vision, and if any of you by “ecological living.” But some of you want the differ radically. (Better to find this out now.) community to grow most of its own organic food Exercise #6: The Public/Private Scale and everyone eat vegetarian, and others want each household to make its own decisions about This exercise is used by Rob Sandelin to help this, and offer a choice of omnivore or vegetarian groups get a sense of how strongly their members food at common meals. feel about a sensitive issue that some members On a large sheet of easel paper that every- may not want to speak about openly. Let’s say one can see, create a list, and, in increasing you’re discussing an aspect of your future commu- order of effort, time, or “strictness,” outline the nity life that seems to bring up discomfort and different actions people can take to express the apprehension, but no one is coming out and say- value or principle you’re discussing. Items at ing what’s bothering them. If you suspect that the top of a list on “ecological values,” for exam- some people do or don’t want something but don’t ple, might include: “Buy organic produce,” want to say so publicly, you can use this exercise. “Recycle trash,” and “Compost kitchen scraps.” On a sheet of easel pad paper, write a hori- Farther down you’d find actions that take more zontal line numbered from one to nine, with the effort or commitment, such as: “Eat vegetari- numbers one, five, and nine larger than the oth- an;” or “Flush the toilet rarely.” The bottom, ers. Below is an example of what your paper will listing the most “radical” actions, might say look like: “Use only off-grid power,” “Build only with ______recycled lumber,” and “Don’t use a car unless 1 2 3 4 5 6 7 8 9 you’re car-pooling.” Opposed to it So-so Advocate it CREATING VISION DOCUMENTS 51

Give everyone a blank slip of paper and ask Writing as fast as possible with the non- them to write the number that corresponds to dominant hand is what makes the exercise work. their level of support for the principle, activity, or Your writing (or printing, if that’s what comes situation you’ve been talking about. A nine means out) will tend to be large and scrawling, even you wholeheartedly support it; a one means you’re primitive. It may reveal expectations about com- adamantly opposed to it; a five means you could munity that you know very well, as well as expec- go either way.The other numbers are graduations tations that may be important to you but about of support or lack of support for the subject. which you may be barely aware. You may have Collect the slips of paper and make check marks strong feelings as you write. at every number the people have written.You may Prepare the questions in advance, in ques- have one mark at 9, three marks at 3, and three at tionnaire form, with a copy for each person. 2, for example. Now you’ll have an immediate and Leave at least half a page of blank space for each visual way to see how the group as a whole really answer. It should take about eight double-sided feels about the subject. It can be a real eye-open- pages. er. You may find that only one or two people The exercise takes about 20-30 minutes, and strongly support something, and most others seems to work best when everyone in the room don’t care or actively oppose it.Depending on does it at the same time. The exercise doesn’t what your scale tells you, there may be no need to necessarily trigger deep insights in everyone, and discuss the subject further. Without having to it doesn’t do it every single time. But it can offer embarrass anyone publicly, you now have a realis- a powerful source of insight for some. tic indicator of the spread of opinion in your You don’t have to share your answers with group about a particular value or ideal. anyone, so be as candid and uninhibited as you “This technique is a quick and powerful way like. Don’t think when you’re writing. Just write as for an individual to see where they fit in with the fast as you can and let your non-dominant hand rest of the group,” says Rob. “If the scale shows do the work. everybody is at the 7-9 range and I am the only person that is at a 2, that is very valuable to me 1. What do you want more than anything? For to know. Conversely, it is very helpful for the yourself. group to know that one of its members is not 2. What do you want more than anything? For aligned with everybody else.” the world. Exercise #7: Hidden Expectations 3. What do you want more than anything? For your children. This exercise, derived from art therapy, operates 4. What do other people do that hurts you? on the principal that you can bypass your think- 5. What do you fear? ing process and access your unconscious mind. It 6. What makes you mad? involves answering questions, but this time, 7. What makes you cry? answer them as fast as you can with your pen or 8. If you could go back in your childhood and pencil in your non-dominant hand. (If you’re change your mother (or primary female care- right-handed, use your left hand; if you’re left- taker), what would you change? handed, use your right.) 9. If you could go back in your childhood and 52 CREATING A LIFE TOGETHER

change your father (or primary male care- congenial, playful aspects of your community’s taker), what would you change? social life. 10. What didn’t you get as a child? However, discovering that you might have 11. If you could make something in your child- hidden expectations that in community you’ll hood better, what would it be? always be included and never be left out, or that 12. If you could make something in your child- you’ll always be fully accepted and never criti- hood go away, what would it be? cized, or that you’ll always be totally emotionally 13. What do you need to feel safe? safe and never experience conflict — watch out. 14. What do you need to feel loved? Expectations like these can be time bombs. You 15. What do you need to feel happy? can take the space now to defuse them by nam- 16. What kind of community do you want? ing them, sharing them (if you wish), examining them more closely, asking yourself if they seem When everyone is finished, take a break. realistic, and becoming willing to laugh about When you return, gather in groups of three and them and let go of them. invite anyone who wishes to share what they If everyone in your group is doing this, it can learned to do so within the small groups. have a profound effect on your shared vision for Speaking is optional. Some people will speak, community, which can be considerably more some won’t; hearing some people describe their realistic and grounded than it might otherwise insights can motivate others to share their own. have been. Congratulations! When each small group is finished, return to Sharing from the Heart your whole group, and again invite people to share what they’ve learned. Don’t write anything You can certainly combine elements from these down at this point, but just listen, and then talk various exercises and make up your own. You can about any expectations — known or hidden — repeat “Non-negotiables” and “Brainstorming” as that anyone may want to talk about.This process many times as you like, to see how the group’s can be very revealing, and it can also help you feel ideas are shifting or coalescing. You can bring in closer and more bonded as a group. “Public/Private Scale”and “Where Do We Draw The point of this exercise, however, is not the Line?” anytime to get a sense of how everyone necessarily for you to share any conscious and in the group feels about something, not just the hidden expectations with the group, but simply most outspoken ones. The whole idea is to stim- to uncover them. It’s an opportunity to look them ulate awareness of what you each really want, and in the face, so to speak, and ask whether or not get a sense of your group’s shared or differing they are realistic, or if they serve you. If you dis- components of vision. Ideally, the ideas from pre- cover that you expect companionship and play- vious discussions and exercises will be captured fulness in community, for example, which might on large sheets of easel paper on the walls. be a fairly conscious expectation arising from Really get into this with each other, as you growing up in group of active brothers and sis- share what you aspire to, deeply yearn for, ters, that’s fine. This seems like an expectation expect, hope, and fear about living in communi- that serves you: being more aware of this expec- ty. These conversations can be tense, they can be tation can motivate you to consciously create deep. And they’re often funny.It’s a good time for CREATING VISION DOCUMENTS 53 a sense of humor, as you might find out that the Writing it Down two most inspired “burning souls” in your group To help with the writing process, I suggest mak- have opposite hidden expectations. Consider ing the following posters on large sheets of easel these revelations to be part of the process. paper (see below), and hanging them up as At this stage you’re not creating strategy — reminders of you what you’re aiming for. how you’ll get there — but simply working at identifying and visualizing the various aspects of your shared future. Have a note-taker write OUR VISION DOCUMENTS down the main points of your discussions, type • Can include Vision, Mission, sometimes them up, and save them for the more compre- Goals hensive writing process to come. • Vision: Shared future we want to create You may discover aspects of your future • Mission: What we’ll be doing to create it community that some of you want and some of • Goals: Shorter-term milestones we commit to you are indifferent about or don’t want. You can negotiate, trying to meet everyone’s interests • Vision Statement: Vision articulated briefly while not limiting anyone’s opportunities. If that isn’t possible, you can see if some people are will- DECISION-MAKING AND THE ing to let go of some part of their personal VISIONING PROCESS desires so the group may gain alignment on a wider part of the vision. You may want our com- Many experienced communitarians believe that consen- munity to raise horses because you love them; for sus is the appropriate process for deciding an issue as example, and I may want us to raise fields of critical as the visioning process. “The consensus process wheat because I secretly fear famine. Can either itself fosters an attitude that can help forge a bond and of us let go of these personal desires so we can all build trust in your group,” observes consensus facilitator live in our rural, self-reliant homestead? You may Betty Didcoct. “When the input of everyone is honored, want us to operate a coffeehouse in our store- who knows what might surface — a strong single vision front space because you love the arts and intellec- that draws everyone, or multiple visions that suggest the tual pursuits; I may want us to run a soup presence of more than one potential forming community.” kitchen because I yearn to serve the homeless. Other community activists, such as Rob Sandelin, sug- Can either of us let go of this so we can all create gest not using consensus for your visioning process. For our vibrant urban community? consensus to work well your group must have a common With differences like these, it’s a time for purpose, and when you’re still in the visioning process, it deep and heartfelt sharing, of asking ourselves doesn’t have it yet. A group needs a method, he says, “Is this realistic?”“Will this work for me?”“Will such as, say, 75 percent voting, in which some people this work for all of us?”“What’s really important can diverge radically from others about what they want in to each of us?”“What can I live without; what’s the community without bringing the whole process to a not negotiable?” There is no real rule — you will crashing halt. I personally agree with this view, although need to navigate this unfolding territory as you there are groups out there who employed consensus for think best. their visioning process and it worked just fine. 54 CREATING A LIFE TOGETHER

ASSESSING YOUR VISION DOCUMENTS OUR VISION STATEMENT • Expresses vision and mission/purpose You may want to test your vision documents and vision statement against the following criteria: • Clear, concise, compelling • Ideally short, 20-40 words For you as an individual: • Ideally memorized 1. Do you feel good when you read the written expres- • Helps awaken vision sion of your vision? 2. Is it meaningful for you? If not, how would it need to • It’s what others see first be changed to make it meaningful? 3. Does it resonate with your personal sense of identity? Do you feel as if you can “own” it? One way to do this is for everyone to go home 4. Does it inspire you? and write their own idea of what the community’s vision statement would be. At the next meeting For your group: read each person’s version, then get into groups of 1. Is your vision document simple, clean, and authentic? three and merge them. Then select a committee 2. Does it reveal and announce your group’s core val- of three or four people to write a rough draft of ues? vision documents and/or a vision statement 3. Does it focus on the “who,” “what,” and “why” of your based on the groups’ merged statements. Include project? 4. Is it fairly concrete and grounded (not vague or flowery)? in this writing group, if possible, a visionary 5. After you read it, can you remember it? Do you “see” it? thinker, a systems thinker, and someone skilled 6. Does it express your purpose? with words. It works best having a small group 7. Does it inspire your group? write something to present to the group because 8. Does it generate excitement? it’s much easier to respond to something already 9. Does it show what your community will be like when written than it is for everyone to sit around and your vision is achieved? try to write the whole thing as a group. At the 10. Does it express passion, conviction, and commitment? next meeting, the group reviews the first draft, 11. Is it possible in the current zoning, building-code, decides what it likes and doesn’t, makes sugges- and lending environment? tions and refinements, and sends the amended Your Vision Statement: draft back to the small group for more work. This round robin word-crafting process can occur as 1 Is it clear, concise, and compelling? many times as needed until the full group pro- 2. Does it express your vision and purpose? nounces the vision documents complete. 3. Does it also reveal and announce your core values? 4. Is it fairly short? Can you memorize it? 5. Can you identify with it? 6. Does it inspire you? Next — power imbalances in communities, 7. Do others “get it” right away? and how your decision making and other self- 8. Does it seem reasonable? Is it unrealistic? Is it too governance methods can spread power equally ambitious? among members. Chapter 6 Power, Decision-making, and Governance

OST INTENTIONAL COMMUNITIES,other in the group. Some appreciate them; others Mthan those led by a single spiritual teacher resent them. or leader, intend that power be shared equally Sometimes the power imbalance involves among members. But certain members may still someone being more influential than others have considerably more power than others. because of his or her role in the community. In Much of the conflict in a core group or commu- some communities one person, often a founder, nity occurs over issues of unequal distribution of seems to have considerably more influence over power. decisions than others, even if the community Sometimes the power imbalance is caused by uses democratic decision-making. The power- one or more people dominating meetings and person might have established the original vision committees. These folks might have a dominat- for the community, put up all or most of the ing communication style — interrupting, talking money, and/or lived there the longest. Other loudly, “talking over” others, or speaking with community members habitually defer to his or such intensity and certainty that no one can her opinion, even if the group officially believes oppose them. This means they end up having a everyone has equal say. lot of the power in the group. Power — The Ability to Influence Or maybe they have fine communication skills but unintentionally dominate meetings People who have power and privilege in a group and committees because they have more infor- usually aren’t aware of it. They usually exercise it mation about issues than others do. These peo- innocently and don’t notice that it’s not reciprocal. ple arrive with a briefcase, clipboard, pocket cal- Joel Kramer and Diana Alstad in The Guru culator, and a sheaf of documents about how it’s Papers define “power” as the ability of a person or done. Who could disagree? system to influence other persons or systems — Still others are fine communicators and don’t and it’s neither good nor bad. They distinguish know any more than anyone else, but they’ve got between plain and simple “power” and “the such energy and force in their personality that authoritarian use of power.” (Italics mine.) When people instinctively look to them for leadership. people have authoritarian power, they enforce or Without meaning to, they’ve got a lot of power perpetuate their power by punishing or ignoring

55 56 CREATING A LIFE TOGETHER

those who disagree with them. This distinction in your group will almost certainly generate con- helped me see that the authoritarian use of flict over power imbalances at some point. I con- power is something most of us want to avoid, yet sider this another kind of structural conflict, “power” — our ability to influence each other — because putting this kind of decision-making is not only not negative, but something which, if method in place at the beginning is a “structure” we encourage it equally in our group, can benefit which can help protect against it. all of us. (Of course, simply having a fair decision I see decision making as the main power- making method doesn’t address power imbal- point in a community — who makes decisions ances triggered by dominating, intimidating, or and how they make them. Power imbalances can manipulative behaviors outside of meetings, tak- be greatly reduced by using a fair, participatory ing unilateral actions that affect the community decision-making method that spreads power without first checking with others, or breaking equally and offers checks and balances against community agreements. These issues will be power abuses. (Everyone’s having good commu- addressed in Chapters 17 and 18.) nication skills certainly helps too.) Not having a Focused Power, Widespread Power fair, participatory decision-making method early If a community chooses a single person or a committee to make certain decisions, they’ve got SOWING CIRCLE’S REASONS FOR focused power — which is good for decisions CHOOSING CONSENSUS which must be made quickly or which require Sowing Circle/OAEC founders chose consensus for five special expertise. reasons. which they describe in one of their community With majority-rule voting, power is theoret- documents: ically spread widely, and everyone has it. However, in controversial issues, where the vote Consensus creates and strengthens a spirit of trust, coop- may be split 51-49 percent, half the group has all eration, and respect among the Partners (members): the power, the other half has none. • By incorporating the clearest thinking of all Consensus decision-making is a group deci- Partners, consensus increases the likelihood of sion-making process in which all present must new, better, and more creative decisions. agree before action is taken. It’s based on the • Because all have participated in its formation, belief that everyone has a piece of the truth. The everyone has a stake in implementing decisions. intention is that each person in a meeting is given the time and space to speak their truth, and • Consensus significantly lessens the possibility that is listened to with respect. If done correctly, this a minority will feel that an unacceptable decision method can help to spread power throughout has been imposed on them. the whole group, and is the method chosen most • Consensus safeguards against ego/adversary atti- often by contemporary community founders. tudes, uninformed decision-making, “rubber stamping” of decisions, coercion, self-interested How Consensus Works positions, mistrust, and half-hearted agreements. While there are many styles of consensus, in general it works like this: Members don’t vote Yes POWER, DECISION-MAKING, AND GOVERNANCE 57 or No on motions. Rather, proposals are intro- son blocks it. (Some groups don’t proceed if duced, discussed, and eventually decided upon. more than one person stands aside, believing Proposals don’t necessarily remain as they were that the group doesn’t have enough unity to go introduced, but are improved or modified to forward with the proposal.) meet people’s concerns as necessary. When it’s When a group uses consensus to make a time to decide, people either give consent to the decision, they can only change that decision by proposal, stand aside from it, or block it. reaching another consensus. It may take longer Giving consent doesn’t necessarily mean loving to make decisions using consensus than it does every aspect of the final version of the proposal, when using majority-rule voting, especially at but being able to live with it and being willing to first. However, implementing a proposal once it’s support it. agreed upon usually takes far less time. Majority- Standing aside is an act of what’s sometimes rule voting, in which up to half the people can be called “principled non-participation,” in which unhappy with a decision, often generates foot- someone can’t personally support the proposal, dragging and other forms of unconscious sabo- but doesn’t want to stop the rest of the group tage when it comes to implementing the propos- from adopting it. People who stand aside are al. With consensus, a decision often takes longer noted in the minutes, and, depending on the to decide, but far less time to implement since group’s agreements, may not have to help imple- everyone’s behind it. ment it (but they are still subject to it). A consensus meeting is not “run” by a chair- Blocking the proposal stops it from being person, but served by agenda planners and a adopted, at least for the time being. It is not used facilitator. For each meeting, the agenda planners for personal reasons, or because someone doesn’t create an agenda which will help the group like how the decision may affect them personal- address relevant topics in a certain order and ly. “Blocking is a serious matter,” writes consen- within certain time frames for a well-paced, sus teacher Bea Briggs, “to be done only when effective meeting. The facilitator’s job is to con- one truly believes that the pending proposal, if sider the needs of the group as a whole, create an adopted, would violate the morals, ethics, or atmosphere of trust and safety, help those who safety of the whole group.” Caroline Estes, want to do so to participate in the discussion another well-known consensus teacher, often (and not let anyone dominate), help the group says that people who understand consensus well stick to its agenda contract, keep the group will only block a proposal three or four times in focused and on task, and assess how well the their lifetime — and in 50 years of consensus group is agreeing, before testing for consensus. practice, she’s never blocked once. (Caroline fur- Consensus is essentially a conservative ther notes that people who often want to block a approach to decision making — if everyone in group’s proposals are probably operating on a your group cannot support the proposal, you different set of values than other members and don’t adopt the proposal, or you change the pro- may be in the wrong group.) posal. While in the consensus process theoretical- A proposal is passed when everyone in the ly one person can stop a group from moving for- meeting gives consent, even if one or more peo- ward on a proposal, this is a rare event in a well- ple stand aside. It is not passed if at least one per- trained group. People objecting to a proposal 58 CREATING A LIFE TOGETHER voice their concerns openly from the beginning, up with surprisingly creative and workable and the group attempts to modify and refine the solutions. proposal to meet these concerns. If, after much In a well-trained group with good facilita- discussion, there isn’t much support for the tion, using consensus can elevate the conscious- modified proposal, the facilitator doesn’t call for ness of a group. It’s not just a decision-making a decision, but lays aside the proposal for a technique, but a philosophy of inclusion, draw- future meeting, or calls for a committee to sug- ing out the ideas, insights, and wisdom of every- gest new solutions at a later meeting. one’s “piece of the truth.” Consensus generates an entirely different But it’s not a panacea and it won’t work in dynamic among meeting participants than every situation. To get the full power and impact majority-rule voting. With the latter, competing of this process, certain elements must be present. factions usually try to win converts to their posi- What You Need to Make Consensus tion by criticizing the other position and creat- Work ing an “us versus them” atmosphere. But consensus creates an incentive for supporters of a pro- Willingness to learn the process. Consensus posal to seek out those who disagree with them needs to be taught thoroughly, and its basic prin- and really try to understand their objections — ciples periodically reviewed. I can’t emphasize and to reform the proposal to incorporate the strongly enough the need for training: the more other members’ concerns. Conflicts and differ- people in your group who understand consen- ences can arise using consensus as often as they sus, the better it will work. Training often takes do when using other forms of decision making, place in one or more weekends or multi-day but in consensus conflicts are seen as a catalyst to workshops, with plenty of opportunity to prac- creating more innovative solutions and crafting tice. Fortunately there’s a wealth of consensus an agreement out of all the different concerns trainers who can help, and articles and books to that people raise. So consensus is not compro- get you started. mise, which weakens everyone’s interests, but a (See resources for more information on consensus creative meta-solution, which, ideally, strength- trainers, see www.CreatingALifeTogether.org). ens everyone’s interests. Because the consensus facilitator draws out Common purpose. Without a shared vision and the ideas and concerns of each member and common purpose to focus and unify your efforts, doesn’t let the more articulate or energetic mem- your group can bounce around endlessly bers dominate, consensus empowers a group as a between confusion, frustration, and grim battles group. Majority-rule voting usually rewards the for control. In the times when you find your- most aggressive members but disempowers the selves yelling at each other or your momentum group as a whole. halted by apathy or despair, you need a common Done well, consensus can transform meet- touchstone to return to. You need to remember ings from overlong, frustrating, draining ses- where you’re going and why you’re going there — sions that go nowhere and elicit people’s worst one of the reasons you spend so much time and behaviors, to spirited, stimulating events where energy creating your community vision. everyone’s ideas are valued and the group comes POWER, DECISION-MAKING, AND GOVERNANCE 59

Willingness to share power. For many, consensus then you are ready to fully engage in consensus. requires a kind of paradigm shift — from an For example, I may not like the boy my daughter impatient “I know best” attitude to a simple is dating and think he isn’t a good companion for acceptance of and respect for other human beings. her, but I realize I might be wrong, that I might Folks who are used to being in charge — alpha have misjudged him, and that the situation is males and females, articulate dynamos, and people safe enough that I can give my permission for her who usually think they know better than others to date him knowing she will learn from the — can have an especially hard time with consen- experience. Consensus is often about giving per- sus at first. If your group is top-heavy with such mission to go ahead, even if you are concerned folks you might want to think twice about using about the outcome. You give permission in order this method, and ask if they are willing to give up to have experiences to learn from.” such roles and innate assumptions. And related to this: Equal access to power. Consensus requires a level playing field. It doesn’t work well when one Willingness to let go of personal attachments person in a group is the employer, who could in the best interests of the group. If your main theoretically fire or demote the others; or when concern is what the decision will be and whether one member is the land owner, who could theo- it’ll be the one you want, it’s unlikely you’re prac- retically sell the land or evict the others. ticing deep listening, holistic thinking, and letting go of your preconceived ideas, say consensus Physical participation, and the right people trainers Betty Didcoct and Paul DeLapa. present. In consensus no one decides by proxy. (although in well-trained groups, the interests of Trusting in the process, and trusting each other. absent members are taken into account). This means believing that by continuing to share Participation requires that people be there ideas and concerns about a proposal with each because agreements are built on what comes out other, you will come up with a much better solu- of the discussion. And good decisions require tion than any one of you could have thought of good information to start with. Group members alone. It’s believing that there is a solution, and who might implement a decision, or have infor- that together you’ll reach it. It’s assuming that mation or perspectives relative to a topic, need to everyone is doing his or her best to listen to one attend the meeting. another’s point of view. It takes willingness just to sit patiently through the ongoing discussion, even The right topics. Not all topics require that the though you don’t yet know how it will turn out or whole group be present to decide. Some things how the issue will get solved. can be decided by area managers or committees, based on the whole group’s input. Humility.“I have come to believe that one of the foundations of successful consensus process is Well-crafted agendas. When a few designated personal humility,”says consensus facilitator Rob people plan an agenda ahead of time, and when Sandelin. “When you can consider that your the whole group reviews, revises, and approves it beliefs about a community issue may be wrong, at the beginning of a meeting, the group has just 60 CREATING A LIFE TOGETHER made a contract with itself for how they’ll spend who might block a decision out of sheer con- time in that meeting. Making such a contract trariness. But I’ve learned that a good facilitator, and sticking to it goes a long way towards having like a kind of aikido master, can redirect the effective, satisfying, upbeat meetings. Having no overly verbal, draw out shy folks, diffuse aggres- agenda, or an agenda controlled only by certain sive behavior, stop cross-talk, and repeatedly people, or a poorly crafted agenda, can diminish bring a group back to its task of making good the group’s trust and subject them to confused, decisions. “A good facilitator can save you up to dragging, time-wasting meetings. 50 percent of the group’s time,” notes Bea Briggs. “A poor one can easily cost the group as much.” Skilled facilitation. The facilitator is not the group’s leader or chairperson, but its servant, Enough time. Making good decisions takes charged with the job of helping the group make time, especially when people are first learning the best decisions possible. The facilitator is new procedures. Arrange enough time in your empowered to help the group keep its process meetings so that you won’t feel rushed; as your and agenda contract with itself, move forward in group builds trust and experience together, you’ll its discussion and decision-making tasks, and get more efficient at making decisions with this intervene when necessary. The facilitator doesn’t method. participate in the discussion. (In many commu- “Pseudoconsensus” and Structural nities several members learn facilitation so they Conflict can rotate the role. Some communities trade facilitation with other nearby communities, so “Many groups aren’t trained in how to use con- everyone can take part in the discussion.) The sensus,” says Caroline Estes. “When I get called facilitator is neutral about the topics being disin to help, it’s usually because the group doesn’t cussed, and treats everyone equally, showing no understand the process.” favorites. He or she helps spread the power When a group thinks it knows how to use throughout the group by asking,“Have we heard consensus, but doesn’t, it’s a set-up for structural from everyone?”“Does anyone have anything to conflict. They proceed in ignorance, sowing seeds add?” The facilitator seeks solutions, asking,“Are of frustration and resentment that can fester for there any other ideas?” The facilitator helps the years to come. Many political activists in the group focus on where it is in the discussion by 1960s and ’70s assumed they were using consen- summarizing what’s been said so far, by drawing sus, but were often just guessing at it. This is out and clarifying decisions, and by asking,“Are what I call “pseudoconsensus,”and it’s widespread we ready to move on?” With a skilled facilitator, in communities. Here are some of its forms: community meetings which used to be irritating or unproductive can move more swiftly, which • Big League Complex. The main problem in means its members tend to remain alert and many forming community groups, says energized, enjoy themselves, and get more done. Caroline Estes, is when people are used to I used to think consensus wouldn’t work in a having their own way, or they believe they group with an aggressive member who’d steam- know better than others. I call this the “Big roller over others; or an angry, suspicious person League Complex.” It seems particularly POWER, DECISION-MAKING, AND GOVERNANCE 61

prevalent when the group has a high per- munities, whose members often seem to centage of business executives or people misunderstand blocking. I’ve heard of in the helping professions, as is the case cohousing core groups in which people with many cohousing communities. sometimes blocked proposals because, for “Participants in a consensus group must example, someone wanted this kind of be willing to give up hierarchical roles and front door and no other, saying,“I’m sorry privileges and to function as equals,” but that just doesn’t work for me.”This is writes Bea Briggs. “The contributions of not consensus; it’s self-indulgence. Then experts, professionals, and elders are, of there was the forming cohousing group course, welcome, but they must not be where a member living in another state, allowed to silence the voices of the other reading about a particular proposal on members.” the agenda of the next meeting, sent word • Decision by endurance. Another pseudo- that he disagreed with the proposal and consensus notion is the belief that people was blocking in advance, so there’d be no need to stay in the room until they make need to discuss it. This poor fellow didn’t a decision, no matter how long it takes have a clue that you don’t do this with (even if that means until four in the consensus — but the group hadn’t a clue morning, as many ’60s-era political either, since they let him do it! A trained activists well recall.) If people believe they group knows blocking is used only when must keep talking about something for someone’s “piece of the truth” shows them hours and hours until they all agree, their something important the rest of the meeting is not well-facilitated and/or group hasn’t seen. One uses this privilege their agenda wasn’t well planned. A good after a time of earnest, objective, soul- facilitator keeps to the agenda’s planned searching. Not understanding the block- schedule and suggests unconcluded items ing privilege is what can make pseudo- be tabled for future meetings and/or consensus dangerous. A whole group can sends items to committee. be held hostage to such tyranny. (C.T. Butler’s Formal Consensus process has a • Everyone decides everything. Some groups further safeguard, which some consensus flounder in frustration and burnout facilitators call the “principled objection” because they believe everyone in the — a block can only stand if it is consis- group must be involved in every decision, tent with the group’s stated purpose. If no matter how small. Not true. The the group believes it’s not consistent with whole group is usually needed for decid- their purpose, the block is not valid.) ing major policy issues; smaller issues can often be decided by committees, operating with general guidelines from or over- Consensus is like a chain saw.It can chop a lot sight by the whole group. of wood, but it can also chop your leg! The point — you have to be trained to use consensus, or its • “I block, I block!” Pseudoconsensus seems improper use can hurt you. Not getting trained in especially prevalent in cohousing com- consensus is another form of structural conflict. 62 CREATING A LIFE TOGETHER

Rob Sandelin says, “If even one person in your change it. With a sunset clause, the group agrees group doesn’t fully understand consensus — on a proposal for a certain period of time; say a don’t use it.” month, six months, a year, etc., at which time the decision is automatically discontinued and the Agreement-Seeking — When You Don’t Want to use Full Consensus situation reverts to what it was before. The decision can be continued (or continued and modi- Agreement-seeking methods fall in between fied) only by a consensus of the whole. majority-rule voting and consensus and can A sunset clause is a way for people who aren’t include elements of both. fully supportive of a proposal to allow the whole group to try it for a while without requiring the Super-majority voting. As in consensus, people agreement of the whole group to rescind or mod- try to build agreement for a proposal and modi- ify it later if it doesn’t work out. fy the proposal as needed, but they vote for or Consensus teacher Tree Bressen points out against it. The proposal must receive many more that in order for sunset clauses to work well, the “Yes” votes than a simple majority to pass. group must have a well-functioning agenda list Depending on what the group has decided in and tracking mechanism for decisions so that the advance, the required majority can be anywhere item will be brought up again later. Otherwise from 55 to, say, 95 percent. those group members who went along with the decision reluctantly may not be so willing the Voting fallback. The group attempts to come to next time someone proposes a sunset clause. consensus once, or twice, and if they don’t reach Multi-winner Voting consensus, they fall back to a percentage of voting the group has previously decided on, any- Another decision-making method that spreads where from majority-rule (51 percent) to, say, a power equally in a group involves finding a way 95 percent vote. for the greatest number of members to get the most of what they want. Multi-winner voting is Consensus-minus-one or consensus-minus-two. a system adopted from European parliamentary In consensus-minus-one, a proposal still passes elections in which each person gets a certain even if someone blocks it (it takes two to block number of votes to spread across a range of the proposal for it not to pass). In consensus- choices. minus-two, a proposal still passes even if two peo- Sharingwood Cohousing in Washington ple block (it takes three people to block the pro- State uses multi-winner voting as a proportion- posal for it not to pass). Consensus trainer al spending method for its annual discretionary Lysbeth Borie believes these terms are misnomers, funding allocation. Once a year Sharingwood since neither is actually “consensus,” and suggests members hold a “budget party” to decide what these methods might be more accurately termed projects they’ll fund the following year. They agreement-minus-one or unity-minus-one. dress up in fancy clothes for wine and cheese in their Common House. Each member receives The sunset clause. In consensus, once a decision an envelope of play money as they enter, which is made, it requires a consensus of the whole to represents his or her real power in the decision POWER, DECISION-MAKING, AND GOVERNANCE 63 making. This is the amount of money in the dis- wide-ranging community and policy issues are cretionary budget fund for the following year, decided upon. Day-to-day work is accomplished divided by the number of community members by smaller committees overseeing finance, physi- — “voters” — who attend the budget party. cal infrastructure, membership issues, and so on. Various members or committees sponsor Committees are set up by the Council, and projects they’d like to see funded the following report to it. The committees decide on issues year, and set up displays in the room, which the and distribute a record of their minutes and all guests visit during the evening. A “New Retaining decisions to members by email and by posting Wall” display, for example, might have a short them in the kitchen and Council Hall. After sample rock wall and a member-advocate of the posting, the community has three weeks in project who explains the benefits of the project. which to offer concerns regarding a decision. In Party guests spend various amounts of their that event, the proposal goes back to the discus- play money on one or more of the proposed proj- sion stage for further refinement and revision, ects they like best. As soon as a project gets whol- which is also posted for three weeks for every- ly funded its sponsors ring a bell and announce it one’s OK. If a committee decision is not chal- — “The retaining wall is funded!” — to every- lenged in the three-week period, it stands. This one’s cheers. Since more projects are proposed for way, every community member who reads the the next year than Sharingwood has money for, committee minutes can keep track of each com- not all projects get enough play-money funding. mittee’s activity, and oversee all community deci- At the end of the budget party sponsors of the sions. Additionally, committees may bring pro- least-funded projects donate their contributions posals about more significant issues to Council to the almost-funded projects. This way the for discussion and decision by the group. greatest number of people fund the greatest num- More than One Form of Decision ber of their favorite projects. Making? Community Governance — Spreading As we’ve seen, although consensus often takes Power Widely longer than other methods, its decisions are usu- In communities, as well as in core groups, every- ally implemented faster. However, because form- one needn’t decide everything — it’s too ing-community groups must sometimes decide unwieldy. So how does a group manage decisions things quickly,particularly when a land-purchase so that power is balanced and everyone has input may be involved, some community veterans rec- into decisions, yet meetings don’t take too long, ommend having an alternate, faster process in and people aren’t driven crazy with details? The place. “ten percent” communities profiled in this book And some groups might have more than one all govern themselves with whole-group-meet- decision-making method, using different meth- ings and a series of smaller committees. ods for different kinds of decisions. If some com- Let’s consider the method used by Earthaven munity members own the property and others Ecovillage in North Carolina. Full group meet- are tenants, for example, the group might use ings, called Council, are held over two days, one consensus for most decisions, and a super- weekend a month. In Council, significant and majority method solely for decisions affecting 64 CREATING A LIFE TOGETHER

property value; or have a decision-making body when they enter the community.) It’s important (that uses consensus) comprised only of proper- to be flexible, and know when it’s appropriate to ty owners who make decisions affecting proper- be inclusive and when to be more directive in ty value. (However, doing so will probably bring decision-making. You must agree in advance on up power issues, unless all members understand which method you’re using before starting a who makes which decisions, and agree to this meeting.

STYLES OF CONSENSUS Quaker style. Consensus was developed by Quakers and Native Americans, but without a specifically reli- in seventeenth century England as an extension of gious or cultural context. their beliefs in equality, nonviolence, and everyday Formal Consensus. Facilitator C.T. Butler devel- accessibility to divine guidance. In Quaker meetings oped this as a step-by-step (hence “formal”) process people sit silently, seek a place of inner tranquility and to address the typical problems of consensus as used guidance, and don’t offer their opinions unless they by members of political activist groups. The first step, believe they’re divinely inspired to do so. once a proposal is made, is to ask only clarifying questions. In the next step, people state only objec- Native American style. Certain Native American tions and concerns, which are written on a large easel tribes have traditionally made decisions in the context pad and grouped according to topic. In the third of being moved by Spirit before speaking, respectful- step these groups of concerns are addressed, one at ly listening to one another, and giving particular a time, with discussion and suggestions for refining or weight to the voice of community elders. modifying the proposal. The last step is calling for consensus. The steps can occur sequentially in one “Community” style. Derived from these traditions meeting, but for more complex or controversial top- and by the contemporary communities movement, ics are usually spread across several different meet- what I call “community” style considers emotions that ings. Proposals can be blocked only when the group come up in meetings as potentially relevant input for agrees that the person’s reasons for the block are decisions. If someone is angry or tearful in a meeting, based in the group’s vision and values, called the for example, a community-style facilitator would use “principled objection.” If not, the block is considered the person’s upset as an opportunity to find out what invalid and the proposal passes anyway. This step “pieces of truth” about a proposal or a group dynam- prevents a group from being covertly disrupted by ic those feelings may contain. someone not aligned with the group’s vision and val- Consensus by individual guidance.Developed by ues, as is often found in non-profit organizations and various community activists in the early ’80s (including cohousing communities He finds that this way of Betty Didcoct, and members of Sirius community), treating blocking allows non-profits and cohousers to this method involves meditating and seeking spiritual include these people without being held hostage to guidance before beginning the meeting, so that any their ability to block the group from moving towards decisions may be informed by intuition and spiritual its intended purpose. guidance. It’s very similar to the practices of Quakers POWER, DECISION-MAKING, AND GOVERNANCE 65

Other community activists caution against If your reason is to create a community with using a so-called “fallback” decision-making your current group of friends, you may want a method in addition to consensus, for two rea- more inclusive method like consensus that sons.First,ifsomeone blocks a proposal,the builds support and connection, regardless of the people who want the proposal to pass can just sit great land deals you might have to pass up. back and say, “No matter, we’ll just switch to 75 What Decision-making Method Should percent voting now and pass it anyway.” The You Use? group won’t try to keep re-crafting and honing the proposal to meet that one person’s concerns. If you want to spread power widely, help bond In consensus,the idea is that when concerns the group more deeply,and evoke the shared wis- about a proposal are met, it makes a better decision. dom of the group for decisions, consider using A “fallback” method is likely to result in lower- consensus or an agreement-seeking method (or quality decisions. (And as consensus trainer both). For spreading resources across a range of Patricia Allison points out, willingness to stop choices, try multi-winner voting. the consensus process and simply vote because And for accomplishing many tasks without someone has blocking concerns means they taking the whole group’s time, consider setting group’s not really using consensus.) Second, up systems like Earthaven’s Council and com- many facilitators point out that consensus is not mittee structure. just a method but a philosophy of inclusion. If you’ve chosen consensus, here are some When individuals are less able to influence the ways to get trained in it: group’s decisions because it has switched to a • Read Bea Briggs’ Introduction to Consensus faster method, they see it as breaking down the for an excellent overview of the process trust and cohesion of the group. If there’s pres- itself, and especially how to facilitate a sure on the group to decide something quickly, consensus meeting. I suggest studying it, people won’t feel the time or space to get in touch section by section, as a group. with and express their concerns. They could feel • Study the Formal Consensus process in pressured into deciding something they don’t C.T. Butler’s book, On Consensus and really want, and end up leaving the group as a Conflict. I recommend Formal Consensus result. for inexperienced groups, as I think its I believe this issue hinges on whether you step-by-step process is easier to learn and want to start a new community primarily to easier for beginners to facilitate. build its physical infrastructure and see who’ll • Visit other community groups or politi- join you over time, or to create a place where you cal activist groups, and as a guest, observe can enjoy connection and friendship with your their consensus process. existing group. If your reason is mostly to create a community and live with whomever resonates • Hire a consensus trainer to come out and with its vision, you may want to use a faster deci- train your group. sion-making method than consensus (such as • Offer support to any group members super-majority voting), in these circumstances, who want to learn facilitation (including regardless of the current members you may lose. financial help for additional training), so 66 CREATING A LIFE TOGETHER

you’ll end up with a team of people who In Part Two we’ll look at some of the techni- can rotate the job of facilitating your cal tips and tools for growing a community — meetings. from making agreements and setting up legal entities to finding, financing, and developing Some core groups and communities go all your community property — and how you’ll out to understand and practice consensus well, raise enough money internally to pay property and their meetings show it. Sharingwood loans and operating expenses. cohousing gives whatever approval and financial support necessary for the ongoing training of its process team. Members of Earthaven’s core group arranged trainings by both Caroline Estes and C.T. Butler. Part Two: Sprouting New Community:

Techniques & Tools Chapter 7 Agreements & Policies: “Good Documents Make Good Friends”

ou’ll be hearing from our lawyers!” said Montana, but no one else in the group was quite “YSteve and Sandy, faces grim, as they left ready to make the jump yet. Gambling on the the porch and strode to their car. Stunned, power of their vision, the couple put most of Darren and Maria stood in their doorway and their life’s savings into the down payment and watched the couple disappear down the long moved to the ranch, bringing their home-based gravel road. Steve and Sandy had left a commu- pottery business with them. nity I’ll call Cottonwood Springs a few days ear- For two years they hosted a series of visitors, lier, saying they no longer wanted to be part of it. but no one became a member. They’d just returned to demand their $22,000 “That’s why we didn’t finish our bylaws,” says membership and site-lease fees back. Maria, “since we didn’t want to make unilateral “But, but … you know we’ve spent all the decisions about the community without know- money,” Darren replied, not believing his ears. ing the wishes of any future members. We want- “On the balloon payment, the new roof, the ed everyone to create it together.” pump repair.” Steve and Sandy were the first visitors who The lawyers showed up the next day with the really seemed “right.” They loved the land and papers for a lawsuit. Steve and Sandy wanted not the vision of a self-reliant homesteading com- only the return of their $22,000 for membership munity, and had great skills — he was a and site-lease fees, but $15,000 more for legal builder, she was a gardener. They had enough fees and damages, and $4,200 for “back wages”— money for membership and site-lease fees, and a retroactive $10 for every hour they had worked were even able to move to the property and live in the new community since they’d joined two in their RV. Best of all, they’d arrived in time months before. to avert a looming financial crisis, since the This was a nightmare for Darren and Maria. first $13,000 balloon payment for the proper- After meeting for three years with other commu- ty was due in a few weeks. The newcomers nity-interested folks, they had found their ideal seemed like the answer to Darren and Maria’s land, an owner-financed 83-acre ranch in rural prayers.

68 AGREEMENTS & POLICIES: “GOOD DOCUMENTS MAKE GOOD FRIENDS” 69

The first month everyone was elated. and Sandy, who thought, “That’s not communi- Enjoying each other’s company, they put in long ty!” They felt that they had no choice but to hours of hard, rewarding work reroofing the leave. barn that would become their kitchen/dining And that’s when the newcomers found out room, replacing the well-pump, and upgrading that there was no provision for departing mem- the irrigation system. bers to get their money back. “It was fine with us that we hadn’t worked on All Darren and Maria had shown them were the bylaws any further,” recalls Maria, “because written descriptions of their ideas and visions, we were working so hard to finish the roof and and a half-finished set of bylaws, “which,” Maria irrigation system while the weather was still recalls, “they said they agreed with.” But with no good. We knew we’d get to it later.” signed contracts or legal documents, there were The second month Sandy began to point out no agreements about what either party could or aspects of Cottonwood Spring’s site plan that could not do. The newcomers were under no obli- she didn’t like. Could she and Steve put their gation to stick with the founder’s visions and house over there, rather than where the plan plans; the founders were under no obligation to indicated houses should be? Could they build pay anyone anything. Everyone was unhappy; but their house with standard construction materials for a scrap of signed paper, there hangs the tale. rather than the more labor-intensive alternative They settled out of court. By refinancing the materials Darren and Maria wanted for commu- property (made possible by the balloon payment nity homes? and recent property improvements), Darren and Sandy and Maria began to get on each other’s Maria returned Steve and Sandy’s $22,000 mem- nerves. Maria wanted Sandy to stop trying to bership and site fees, but no additional claims. change Cottonwood Springs into something it Although the founders didn’t lose their property, wasn’t. She hadn’t counted on new people want- they lost a great deal — a new friendship, the ing this much change. Sandy was frustrated, feel- excitement of creating a real community at last, ing unable to co-create the kind of community and a good deal of their own energy and heart she and Steve had envisioned. Maria assumed for community.Steve and Sandy got their money that initial power struggles were normal, given back, but not their injured pride or dignity, and that community living brings up people’s issues. certainly not their community dreams. Also, as a long-time veteran of group process Disgusted and embittered, they never wanted to issues, Maria saw conflict not as a problem but see another intentional community again. as an opportunity to ultimately get more con- Remembering Things Differently nected, once the conflict was resolved through deep personal sharing and coming to common True stories just like this one happen all too agreement. But such ideas were foreign to Sandy, often. who took the increasing tension as a sign that Some forming communities have made ver- things weren’t working out. Relations between bal agreements — but … what was it we said the founders and newcomers deteriorated until again? I may remember that, according to our Darren and Maria proposed they have a serious work-equity agreement, if we were to disband process meeting. But this was too weird for Steve our community and sell the property. I’d be 70 CREATING A LIFE TOGETHER compensated in actual earned wages, in real dol- Well-meaning folks such as these can keep lar amounts. But you may remember agreeing their scruples if they keep in mind these three that I’d be compensated only as a percentage of tendencies of the recollection process: the sale price. This would never become a prob- 1. Jack remembers vividly what he meant — lem — unless we decide to disband and sell our what he believed and mentally pictured property. Why wouldn’t normally savvy folks vividly — but not what he actually said. like us write it all down? (People often don’t say what they mean: not Heartbreaking though it is — because it’s so in an attempt to deceive, but because of poor simple to prevent — many forming communi- communication skills. ) Not knowing what ties flounder or sink because its founders don’t Jack meant, Jill recalls only his actual words. write down their agreements at the outset. But that’s not what he remembers at all. Months or years later, when they try to conjure 2. Jill is sure she remembers what Jack said — up what they thought they agreed on, they but she didn’t actually pay close attention to remember things differently. Unfortunately, even his words at the time. Rather, she was uncon- people with the greatest goodwill can recall a sciously so focused on what she herself conversation or an agreement in such divergent believed about the subject, that she thought ways that each may wonder if the other is trying Jack had said what she believed. But it’s not to cheat or abuse or manipulate them. This is what he said at all. He remembers what he one of the most common and most devastating said — but not what Jill was thinking while he structural-conflict time bombs. said it! Why do so many would-be communitarians 3. Jack says something and, seeing Jill nodding in not put agreements in writing? Why does this agreement, he assumes that the communica- kind of structural conflict happen so often? tion that he intended in his mind was the com- I believe many idealistic, visionary people munication that was received in her mind. But think the only reason to sign an agreement or it wasn’t. Jill interpreted what she heard him contract would be to prevent someone else from say as something else entirely. Once again, cheating them. And who wants to suggest that they’re not remembering the same thing. their community colleagues might do that?! It’s Giving Yourselves Every Chance of too embarrassing to bring up; it’s not polite; it’s Success in poor taste.“If I suggested we write this down and sign it, what kind of rude person might they Communication can get so fouled up, and so think I am?” fast — it makes no sense not to just check it out Then there’s the anguish of people who’d like by having a group member write down what the world to be a better place — want to help it everyone thinks they’re agreeing to and then become a better place — and can’t bring them- read it back, or have everyone read it. Now is the selves to agree to such documents because on time to say, “Wait a minute; this isn’t what we some level, wouldn’t that just be inducing distrust just said,” rather than dredging up remembered and suspicion? Couldn’t we keep distrust and differences months or years later, when people’s potential cheating away from us by simply not life savings or their major life decisions may be ever thinking about it? at stake. AGREEMENTS & POLICIES: “GOOD DOCUMENTS MAKE GOOD FRIENDS” 71

Obviously, you’ll improve how well everyone nity in Missouri. Vinnie knows whereof she remembers an agreement if you not only write it speaks. She not only has created a successful down, but also ask everyone to sign it. While not business and several non-profit projects with var- appropriate for every kind of agreement or writ- ious friends, but also has a strong background in ten document, pretending you’re the Ben the administration side of philanthropic giving Franklins and John Hancocks of your own and has worked with significant donors. Vinnie Declarations can be rewarding, especially if doc- knows how the world works, in my opinion, and uments are signed ceremonially. Of course, it’s knows the value of making everything agreed also a good idea to keep your agreements in a upon between even the best of friends crystal safe place (or in two different safe places), and clear and unambiguous — and written down. refer to them as needed. Your Community’s Agreements and “But just having written documents, or having Policies them with our signatures, doesn’t guarantee anything,” you might say. “Anyone can break those You’ll have agreements, often called “policies” or agreements anytime. What’s a piece of paper?” “guidelines,” both in the forming-community Formal written contracts between people, stage and later, when you’re living on your prop- and documents for legal structures such as erty. The forming-stage documents could bylaws are only binding when someone not abid- include vision documents and policies about ing by them is taken to court and forced to com- your group’s membership and decision-making ply on pain of fines or jail. And while this is cer- processes, communication norms, finances, and tainly not something you’ll want to see happen, the land-search process. These are often record- this potential consequence does serve as a kind ed in meeting minutes, decision logs, covenants, of deterrent. and informal contracts. A more powerful deterrent is social pressure. As you establish a legal entity, purchase Legal documents and formal contracts as well as property, and move to the community, you’ll other kinds of written agreements, such as meet- probably make additional agreements for the fol- ing minutes, decision logs, behavioral norms, and lowing kinds of community issues: so on, can easily be breached, but not without • Community labor and one-time or peri- everyone in the community knowing they were odic fees owed. breached and by whom. Social pressure and the • Land-use and ecological guidelines. possibility of group displeasure can be a strong • How ongoing or periodic community motivator for keeping agreements, even among expenses will be paid; what happens in people who believe that they wouldn’t need such the event of cost overruns. pressure to keep agreements. Social pressure works most of the time, and it’s certainly better • Policies for dogs and other pets, children, than what happened to the folks at Cottonwood noise, tool use, conserving water or elec- Springs. tric power, or the use of drugs , alcohol, “Good documents make good friends,” notes tobacco, or firearms. Vinnie McKenny, founder of Elixir Farm, a suc- • The processes by which new members cessful herb farm and small intentional commu- join the community. 72 CREATING A LIFE TOGETHER

• New members’ expected financial contri- had no policy about people’s behavior, since they butions and labor requirements. all seemed to behave reasonably well. The nor- • The processes by which members may mal conflicts were handled by their communica- leave the community, including how, or if, tion processes, and their differences of opinion they will be reimbursed any of their were addressed in consensus meetings. But after membership fees or other expenses. living together in relative harmony for 11 years, they discovered that a member had done some- • Behavioral norms, including how the thing so unacceptable it forced the issue. They community will handle people violating realized they needed rules about behavior, and those norms, and the consequences for more importantly, an agreement about what to doing so. do if anyone breached them. The group came up • Grounds for, and the process of, asking with one of the wisest and most humane com- someone to leave the community. munity behavioral policies I’ve seen, with not Some of these agreements will be recorded in only a clear description of members’ rights and the formal documents associated with the legal responsibilities, but also a graduated series of entity you’ll form to purchase land together, or to consequences when someone violated them. conduct any non-profit activities or operate a Other communities anticipate the kinds of community-owned business. These can include agreements they’ll need over time and begin creat- Articles of Incorporation and Bylaws (corpora- ing them early on, as did the founders of tions), Partnership Agreements (partnerships), Abundant Dawn community in Virginia (most of or operating agreements (Limited Liability whom had previously lived in other communities). Companies), for example, depending on which They began working on their policies and agree- legal structure(s) you choose. (These will be ments in 1994, three years before they found and examined more closely in Chapters 15 and 16.) moved to their land. Some of these were a collec- Other agreements may be recorded in docu- tion of different agreements they made over time, ments such as leases, promissory notes, real that they later compiled as a policy on a given sub- estate deeds, and contracts, and still others may ject. In other cases they just sat down and created be in simple policies your group drafts, approves, a policy step by step. As of this writing, eight years and implements. later, some agreements are completed; others are Many forming communities are so over- approved by the whole group but need more work; whelmed with organizational or construction still others are in draft form and not yet approved. tasks in their early years — or simply don’t antic- They’ve saved the actual writing of some formal ipate what they might need — that they create contracts and leases until they’ve agreed on the certain policies and agreements only when a cri- policies which those contracts will contain. sis reveals the need for them. Their agreements, some of which are listed That’s what happened to the Community below, illustrate the kinds of issues most forming Alternatives Society in Vancouver. While they communities address sooner or later, depending had agreements about financial and labor on their living arrangements and the degree of requirements, and guidelines about how they’d shared resources. These are the kinds of issues use and maintain their common facilities, they your group will need to consider. I suggest you AGREEMENTS & POLICIES: “GOOD DOCUMENTS MAKE GOOD FRIENDS” 73 use Abundant Dawn’s list to stimulate your own and distribution, use of the community garden, thinking on which agreements your group wants and how food resources are shared. to make, and when. Creating agreements like these is serious Conflict Resolution Document. More of an business and requires a lot of time and care. evolving plan than a policy, this document (Abundant Dawn’s founders estimate that the describes methods for resolving conflicts, number of person-hours they’ve spent creating including but not limited to full-group process their agreements, both in committees and com- meetings. munity meetings, to be in the thousands.) Some people might consider the number and complex- Financial Policy. The Financial Overview ity of Abundant Dawn’s agreements excessive, encompasses all agreements about money, but I think it’s smart. This is a community including all community income sources and founded by experienced communitarians — and expenses, members’ financial obligations, what it’s one of the ten percent. the community does and doesn’t pay for, and Abundant Dawn’s Agreements what happens in a financial emergency. The Formula Agreement describes their formula for Vision Statement. The who, what, and why of determining the monthly fees owed by each pod Abundant Dawn community. or subcommunity within Abundant Dawn, based on the pod’s current number of people and Articles of Incorporation and Bylaws. Part of cars, and each pod member’s annual income. Abundant Dawn’s documents as a non-exempt non-profit. Visitor Policy. Guidelines for how to host visitors seeking a community to join. Membership Policy. Rights and responsibilities for different kinds of membership, commit- On-Land Business Policy. How members own ments, sabbaticals, part-time members, how and operate businesses in the community, membership ends. including financial relationships, community control, non-members as co-owners or employ- Community Structure Overview. Sections on ees, permission, and contracts. community legal structure, community culture, decision-making and governance, pod structure, Land Planning. Overall site plan for communi- forming pods, pod joining fee. (A “pod” is a ty land. smaller subcommunity within Abundant Dawn.) This document addresses balancing Environmental Guidelines for Building. members’ desire for freedom with their desire Description of the various sustainability factors not to be negatively impacted by the choices to consider in building a home. made by their neighbors (with regard to noise, nudity, etc.). Forestry Policy. Guidelines for use and care of forest, including when and how trees can be cut, Food Policy. Description of bulk food purchase how firewood can be gathered, etc. 74 CREATING A LIFE TOGETHER

Pet Policy. How many dogs and cats each pod would dissolve the legal entity, sell their proper- may have, and how to minimize the animals’ ty to a land trust or become a land trust, contin- impact (especially the impact of outdoor cats ue to live in the homes they’ve built, and disburse and dogs) on both the wildlife that was already any assets. This was an extremely difficult agree- there, as well as on other community members. ment to create, and few communities ever think about this in advance. (But it’s good planning.) Expulsion Policy. What may be an expellable offense, and how a member would be asked to leave, financial resolution, etc. One of your group’s most significant set of End of Abundant Dawn Community as We agreements will be those embedded in the docu- Know It. If the group could not continue as a ments of the legal entity through which you’ll community, this agreement shows how they own property together. We’ll look at those next.

YOUR PET POLICY

Once you move to your property your community will Dog packs, dogs barking, dog droppings, dogs with definitely need a pet policy, since pets, especially fleas, dogs digging up gardens, and dogs scaring off dogs, create some of the thorniest conflicts faced by wildlife are some of the issues that arise over man’s communities. In the early 1980s, for example, a group best friend in community. Cats too, can be an issue in of city dwellers moved to the rural Midwest to begin communities, as some experts estimate that one cat their new spiritual community. While they had no kills roughly 100 small animals and birds over the agreements at all, (believing that spiritual folks like course of a year. And yet, sometimes communities themselves didn’t need any), they forgot that dogs no want dogs to deter deer who eat gardens, or cats to longer contained in yards naturally become that bane eliminate the rodents that get into food supplies. So of communities—a hunting pack. Their now-liberated while Fido and Fluffy may indeed be welcome, they dogs exuberantly followed their instincts and killed a need to be managed. Some communities have agree- number of small mammals, including kittens and cats ments that dogs and cats must wear small neck bells belonging to other members. The community erupted to warn wildlife of their approach, or that dogs be in gut-wrenching conflict. Some members were furi- fenced and leashed. ous over the loss of their pets and feared the dogs Recognizing that pets could be important mem- might kill other cats or even attack their children. The bers of the family, Earthaven’s founders allowed peo- dog owners were furious and defensive, since their ple to keep their dogs when they moved to the land own beloved family dog couldn’t be guilty — it was (although no more than five or six total on the proper- other members’ dogs. It got so ugly that some fathers ty), but not get new pets when their pets died. threatened to shoot the dogs on sight. Stunned by the Abundant Dawn crafted a unique plan that regulates uproar, the community finally decided they might the number of dogs and cats per neighborhood, need rules after all, and agreed that all community based on neighborhood population. (See “Pet Policy, dogs would be fenced. Abundant Dawn.” Appendix 2, pg. 235.) Chapter 8 Making It Real: Establishing Your Legal Entity

O — I DON’T WANT US TO have any are literally corporations.) It’s when people use “Nlegal entities or form a corporation! these structures to harm others and avoid Corporations and lawyers are what’s wrong with responsibility that they become objectionable. this country!” So declared a cofounder of a start- We can use these structures to create a more sus- up community I was once involved with. She was tainable, cooperative way of life and, by demon- willing to create community agreements and stration, influence our culture for the better. policies, but not a legal corporation. While I Why You Need a Legal Entity — Before knew our group needed a legal entity to own Buying Your Property property together, I certainly saw her point. Corporations are entities which under the law are Why does your community need to form a legal treated as if they had the rights of actual people, entity? First, you’ll need one to purchase your but allow the real people who run them to incur property, and to own it together over the years. debts, violate the environment, or harm others (Technically you can purchase property as a with no consequence to them personally. And group with no legal entity,but your default choic- when most people think “corporation,”they think es — Tenancy in Common and Joint Tenancy — big, multinational corporations. Armed with mil- are not recommended. See Chapter 15.) Second, lions of dollars and fleets of lawyers, large corpo- you’ll need a legal entity (which could be a sepa- rations can deny, evade, and delay prosecution for rate one) to own and manage any community- environmental and other crimes for which an owned businesses or to manage any non-profit individual person would be swiftly thrown in jail. activities — especially if you want to receive tax- No wonder many of the people most interested deductible donations for those activities. in creating a more cooperative, alternative culture Consider the consequences if you don’t have are averse to “corporations” and “legal entities.” a legal entity. Serious, potentially community- Yet form them we must, if we are to protect killing conflicts can arise regarding: ourselves from potentially ruinous lawsuits, exorbitant taxes, or sudden responsibility for • property rights and responsibilities of paying debts we didn’t agree to. Legal entities are members themselves neutral. (And only some legal entities • vulnerability to creditors and lawsuits

75 76 CREATING A LIFE TOGETHER

with regard to members’ personal assets Thus the criteria for choosing your commu- • financial compensation for departing nity’s legal entity for property ownership usually members depends on how well it can (1) protect your members from potential lawsuits or other finan- • issues about who-all holds title to proper- cial liability, (2) prevent unnecessary taxation, ty and what happens if the group dis- (3) allow your community to hold title to land bands and sells its assets and structure land use and decision-making Not to mention that without choosing a par- rights the way you like, (4) allow your communi- ticular entity you might end up paying exorbi- ty to accomplish its purpose, and (5) reflect your tant, unnecessary taxes. Not having a legal entity values. (See Chapter 15.) for your community is definitely a structural- Some communities have different legal enti- conflict time bomb that could someday blow ties for each kind of activity; others conduct var- your group apart. ious activities under one legal structure. And since no legal entities are designed specifically for WHY FORM A LEGAL ENTITY? intentional communities (except 501(d) non- profits created for the Shakers) we must borrow 1. Having a legal entity will make the process of buying from the various legal structures designed for land easier. A seller or lending institution will take a operating businesses, pooling money for invest- legal entity with tens of thousands in the bank and a ments, or holding land in common, and shape brief credit history more seriously than a collection of these structures to fit our community’s particu- individuals trying to buy property together. lar needs. 2. Any agreements the group makes as part of the doc- “Wait a minute, our community won’t be like uments of its legal entity (such as operating agree- that,” you might say. “We’re going to create some- ments or bylaws), will be compatible with state law, thing beautiful and noble — not some business.” and thus legally enforceable. If a member violates Ah, but your financial dealings need to be con- one of these agreements, the other members will ducted in a businesslike way.After all, you’ll prob- have the force of law behind them to induce the ably be dealing with hundreds of thousands of errant member to comply. dollars and you’ll need clear, fair agreements. And, 3. Some legal entities are more compatible than others when you get right down to it, your community is for the various ways you can own property together, a business, since it involves your putting this such as: (a) everyone owns the property in common; money together and agreeing how you’ll spend it, (b) each household own its own individual plot; or how you’ll raise more of it when needed, and how (c) each household owns its own individual plot and you’ll deal fairly with any surplus or deficit. everyone together owns the rest of the property in Using a Lawyer common. 4. Since the IRS and the state will tax your community Yes, you should definitely have a real estate according to whichever legal entity you have chosen, lawyer when you buy your property, and a lawyer you might as well pick one that saves the most taxes with tax-law experience to help you set up the relative to your community’s particular circumstances. legal entity with which you’ll own your property. Wait until you’ve learned as much as possible MAKING IT REAL: ESTABLISHING YOUR LEGAL ENTITY 77 about your community’s most likely legal But before any of this, your whole communi- options before you hire one, though. For one ty needs to be absolutely aligned and clear on thing, you will be empowered, because informa- what it is you’re trying to do. tion is power. You will also avoid paying a lawyer “Remember,” says Dave Henson, of Sowing to spend several expensive sessions demystifying Circle/OAEC, “your lawyer (or your CPA) the realm of business legalities before even works for you. Their advice on organizational beginning to draw up a document. You will not questions is only as good as your community’s feel like supplicants or amateurs. You won’t be clarity about your economic and organizational overwhelmed or intimidated. goals.” I also recommend hiring an experienced tax Once you and the lawyer (or you and your accountant or CPA. The point, after all, is to tax accountant) have picked a legal entity, you choose a legal entity which not only reflects your can save far more in lawyer’s fees if you draft your values, but also saves you the most tax money. start-up and operating documents yourselves, Tax accountants and CPAs often know more and have the lawyer or tax advisor review them about the nuances of these financial issues than for any specific provisions applicable to your lawyers. state or province. Lay people can draft their own Few lawyers or accountants know anything legal documents, with the right help. Nolo Press, about intentional communities — another rea- a publisher of self-help legal books, offers step- son for learning as much as you can about possi- by-step books and software on how to form your ble legal entities and picking several likely ones own partnerships, LLCs, corporations (for cer- before you see the lawyer. At an hourly fee that tain states), and non-profit corporations in the could be several hundred dollars, you don’t want US, and Self-Counsel Press does the same in to have to pay the lawyer or accountant to edu- Canada. Nolo Press, and Community cate him or her as to what an intentional com- Associations Institute (CAI), an organization munity is before naively asking for a suggested educating and representing homeowners and legal structure. You’ll want to have written a condominium associations in the US, will both clear, concise definition of your planned inten- soon publish books on how to create your own tional community, along with several possible community associations. legal options for accomplishing, it before you Beware, however. At least one lawyer told me walk in the door. that doing it this way can cost a community Most lawyers don’t know an extensive group more money, but only if people change amount about the entire range of business and their minds several times and request multiple investment entities, but tend to specialize, and revisions, which increases the lawyer’s billable will likely steer you towards the entities they hours. know most about. This can work to your disad- If you’re applying for non-profit tax status, vantage, as your community can end up wearing you might want your lawyer or tax advisor to the wrong legal structure like an ill-fitting shoe. review your federal (and if applicable, state) tax Know which structures seem the best match exemption application form too. Arrange it so before you seek legal help, then pick specialists in that your lawyer will answer your specific ques- the structures you want. tions and review — not rewrite — the forms 78 CREATING A LIFE TOGETHER you have prepared. (You can file your applica- members — not just those experienced in busi- tions with the state yourselves as well.) ness and finance — be as informed as possible Why not just do everything yourselves and about these matters. Community-wide knowl- skip the legal fees? An experienced lawyer can edge and understanding helps the group func- spot potential problems and suggest solutions. tion more intelligently and, more importantly, He or she might be familiar with other, similar helps equalize power relationships within the cases, and will make sure that any problems that community. It can prevent the common dilemma befell one group won’t happen to you. A good of power being concentrated in the lawyer is well worth the money, but if your group business/finance intelligentsia, with all the is as informed as possible at the outset, you’ll attendant resentment and potential conflict that need far less of his or her time. this can engender. I suggest using Chapters 15 and 16 as an Finding the Right Lawyer overview of the range of legal entities commonly used by intentional communities. Your group You’ll want someone experienced, yet open- can then follow up with in-depth exploration of minded and flexible enough to understand what the legal entities that appeal most. You can do you’re trying to do. Your lawyer must be willing this with specific books and software, certain and able to help you shape the legal entity, wher- service organizations, and a consultation with a ever possible, to fit your community’s values and local tax accountant. (See author’s website for needs. The best choice would be a lawyer you resources.) Once you know more, choose two or personally know and trust, who is experienced in more legal structure(s) for owning land that tax and real estate law, particularly as it relates to seem most likely for your group. Then choose a the legal structures you’re exploring. This may be lawyer to help you make your final choice. To a tall order! The next best choice would be to find save more money, draft your documents your- intentional communities in your area that are selves and have your lawyer review them. using one or more of the legal structures you’re How many people in your group should considering, and ask if they’d recommend the become familiar with legal issues? Can one per- lawyer(s) they used. In your wider community, son do it? Theoretically, yes. Dave Henson did you could ask the same of business people who the legal legwork for Sowing Circle/OAEC, as are using the legal structures you’re considering. did Velma Kahn for Abundant Dawn. Yet Dave If you’re using a local legal referral service, I suggests that you don’t leave it up to a single indi- recommend using only those run by the local bar vidual, but form a small committee. After doing association or a local non-profit association, the basic research, he says, the committee should rather than private, commercial referral services. present to the whole group the best options for And use only those that refer lawyers experi- the community’s legal entities. Encourage exten- enced in this kind of law who offer a free or dis- sive discussion. If there are still questions or con- counted consultation as part of the referral pro- cerns, let the committee go back and do more gram. Avoid those that simply refer lawyers on a research and report back to the group. strictly rotating basis. And what about low-cost Whichever legal entity (or entities) you end law clinics? They usually bill for services at a up choosing, I recommend that all community higher rate than their initial consultation rate, MAKING IT REAL: ESTABLISHING YOUR LEGAL ENTITY 79 their staff turnover is usually high, and their Except one. “What’s the case number?” he experience with the legal and tax issues of the asked, interested.“I’d like to look that up myself. entities you’re exploring may be low. I suggest “Ah,” she said.“We’ve found our lawyer.” using a low-cost clinic only for general informa- As mentioned earlier, you should set up your tion, and use a more specialized lawyer for your legal entity before buying property. However, it actual legal work. will be easier to visualize and compare various When choosing a lawyer, it’s best to contact kinds of legal entities if we use examples of com- several lawyers, interview them and get refer- munities you’ve become familiar with. So let’s ences, and after choosing one, create a written first meet those communities and learn how they agreement about all fees and contracted services. bought, financed, and developed their land. Sometimes the right choice will be obvious. (Later, we’ll examine the legal entities they used When she explored potential legal entities for to accomplish this.) Abundant Dawn, Velma Kahn spent several days in a law library researching case law relevant to her forming community’s tax issues. She finally found a case that seemed to set the right prece- For many founders this next step is the “juiciest” dent, and called several tax attorneys to feel them part of starting a new community — the great out. But none seemed to understand what she land-buying adventure. wanted, or get it that a non-lawyer like herself could have discovered something new. Chapter 9 The Great Land-Buying Adventure

N 1995, WHEN THE SIX cofounders of of nearly 20 at their monthly potlucks, and of IDancing Rabbit set out to find property for about 100 on their e-mail network, primarily in their ecovillage, they ran into the typical chal- northern California’s university towns of Palo lenges core groups often face at this point. (In Alto, Berkeley, and Davis. By 1995, when many this book, the words “property” and “land” are of the group had graduated from Stanford, six of used interchangeably to mean the property your them moved into a shared household in Berkeley community will buy, whether it’s raw land, devel- and began researching what it takes to create an oped or partially developed property, or a house ecovillage. or apartment building.) One of their group, Cecil Scheib, had gradu- Dancing Rabbit had begun in 1993, when a ated earlier and had spent the last year or so trav- dozen friends and environmental activists at eling around the county to learn more about Stanford University in California decided to cre- intentional communities, visit possible commu- ate an ecovillage to learn about, demonstrate, and nities to join, and gather information about nat- teach others what they called “radical environ- ural building and possible regions for their ecov- mental sustainability.” They envisioned a small, illage. Another Dancing Rabbit activist did the locally self-reliant settlement of 500 to 1000, same, focusing mostly on desirable areas in with subcommunities of smaller income-sharing northern California. groups, cohousing communities, and individual The first hard realities the Dancing Rabbit households. founders encountered were county zoning regula- Many of the activists lived in a student hous- tions, building codes, and health department regu- ing co-op at Stanford, and had already had a lations that didn’t allow sustainable developments. taste of shared living and consensus decision- Legal Barriers to Sustainable making. Fueled by community living experience Development and environmental goals, they launched Dancing Rabbit as an incorporated association. Through They learned, for example, that just owning monthly potlucks, a newsletter, and an e-mail property doesn’t mean you can do whatever you bulletin board, they eventually became a group want with it.

80 THE GREAT LAND-BUYING ADVENTURE 81

In many cities, towns and counties, zoning too quickly, which could adversely affect banks regulations regarding population density prohib- and other local lending institutions with mort- it building more than a certain number of gages on those homes. Thus, time-tested natural dwellings per acre or clustering houses together building techniques such as rubble-trench foun- and leaving much of the property open space, dations or load-bearing strawbale or cob con- requiring instead that each house sits on its own struction, straw-clay infill, earth-based floors, same-sized lot. In the Southwest and parts of the living roofs, or earth-plastered walls, are often Great Plains, where rain is scarce and the level of illegal because few engineering specifications are snow melt or underwater aquifers determines available for the load-bearing capacities, durabil- density, zoning regulations often permit no more ity, or moisture-repelling aspects of these tech- than one house per 35 acres. Areas on the West niques. Most counties that allow this kind of Coast with no summer rainfall often allow no construction do so by default because they are more than one house per five acres, while many sparsely populated; either they have little or no townships in the Northeast allow no more than zoning, or they lack sufficient property tax rev- one house per 50 feet of road frontage. (The issue enue to pay inspectors to monitor or enforce in the Northeast isn’t water, but money. A town- building codes. And while increasing numbers of ship’s revenues come largely from property taxes, counties have been allowing natural building and budgets for municipal services are usually methods under “experimental” permits (usually estimated as one household per lot. While allow- requiring an engineer’s sign-off, protecting local ing higher density on one lot wouldn’t break the government from liability), not many counties budget, if such density allowed many property allowed these when Dancing Rabbit’s founders owners to increase their populations, it could were conducting their search. As of this writing, overwhelm the township’s school, fire, police, or it’s still often difficult to impossible to get such other services.) To increase population density buildings approved. on a property or to cluster houses usually Although it makes no logical sense, roof requires petitioning the city council or county water catchments are disallowed in many regions board of supervisors for a zoning variance or spe- in the West, since any rain that falls over a given cial use permit, which generally means holding a locale legally “belongs” to the water table beneath public hearing with potential neighbors. As it, and shouldn’t be messed with by interfering many forming cohousing groups have learned, humans, even though such rainfall may only run neighbors’ opinions can make or break a project. through people’s sinks or vegetable gardens Most towns and cities — and an increasing before joining the ground water below. number of rural counties — have adopted the In most counties, graywater recycling or con- Uniform Building Code (or the Southern structed wetlands are either illegal or, at the very Building Code), or have their own local building least, illegal as the sole source of waste water code which mandates which construction meth- drain-off. A county health department may ods and materials can be used.This is an attempt allow these methods but still insist on a septic to protect local governments from lawsuits tank and leach field, regardless that these are brought by people injured because of faulty con- considered unnecessary by graywater experts. struction or to prevent homes from deteriorating Composting toilets are also rarely allowed by 82 CREATING A LIFE TOGETHER

county health departments. Sometimes counties mit no more than four or five unrelated adults will allow only certain makes and models of per house — an attempt to protect homeowners’ composting toilet, such as those with electric property values from dropping in case rowdy col- fans, and often, only with the full additional lege students move in next door. Even though back-up of a septic system and leach field — also most communities won’t be like “animal house,” considered superfluous by microbiologists famil- rules like this can still greatly restrict a group’s iar with the composting toilet process. ability to form community in such counties. The Dancing Rabbit folks also learned that (Chapter 11 will examine ways communities counties with colleges or universities often per- have dealt with these challenges.) Shopping for Counties — Zoning WHAT CAN WE DO ABOUT IT? Regulations, Building Codes, Sustainable Homesteads, and Jobs I believe culture and laws will inevitably change. The more often that local and state elected officials, planners, At first, Dancing Rabbit’s founders were drawn and zoning and building officials are exposed to suc- to northern California’s beautiful Mendocino cessful, sustainable intentional communities, the sooner and Humboldt counties. But no counties in they’ll realize such communities help them meet their California, except relatively unpopulated coun- region’s locally mandated environmental goals. I believe ties on the eastern, desert side of the Sierra they will increasingly allow and even advocate special Nevadas, allowed the kind of population density use permits, zoning variances, and more liberal zoning they sought, not to mention clustered housing, laws and building codes. In the meantime, we can edu- strawbale buildings, composting toilets, and con- cate officials. We can meet with and get to know local structed wetlands. This was true of most areas in elected officials, planners, building department and the country, especially those near progressive health officials. We can tell them what we know, show university towns or urban areas where commu- them studies, give them facts and anecdotes and infor- nity members could most likely find jobs. The mation. We can solicit their advice, and make them part- only exceptions seemed to be various rural areas ners in our visions for more cooperative sustainable with low populations in the Midwest and places to live and work. Southeast. But although two members worked Sociologist Paul Ray, who researched values in our as software designers and could essentially population and co-authored the book Cultural Creatives, telecommute from anywhere in the county, not estimates that one-fourth of the US population, 50 million every community member could do that. How people, have alternative, sustainable values and support could they attract new members if they weren’t such practices. How many of these bankers, planners, in an area with locally available jobs? and government officials might just be people like our- This was their second hard reality — the selves disguised in a suit? How many of them yearn to trade-off between living sustainably and the abil- help create green, sustainable culture too, and simply ity to make a living. Rural counties in which sus- need our citizen support to justify doing what they want tainable building might be possible (because the to do anyway? population was so low they didn’t have zoning limitations, traditional building codes, or certain health regulations), offered few potential jobs. THE GREAT LAND-BUYING ADVENTURE 83

And in more environmentally-aware areas, such able town, the more expensive it was, not to as counties near university towns or cosmopoli- mention the fact that the towns were already tan cities on either coast, where potential jobs thronged with more over-educated folks than were more available (and where you’d think sus- there were available jobs. tainable building would be valued), the higher By now the Midwest was sounding pretty population put greater pressure on county offi- good in terms of land affordability and zoning, cials to adopt laws about density, housing con- and building code freedom. But Mennonite fam- struction, and sanitation issues, making building ilies, and aging soy, corn, or cattle farmers didn’t sustainable homesteads there impossible. In fact, seem like they might offer a familiar and stimu- the more “progressive” the area, from Eugene to lating culture. And the Midwest certainly offered Boulder to Ann Arbor, the higher the popula- no seaside cliffs or mountain vistas. tion and the more likely local regulations made After a year of researching land costs and one-house/one-lot, stick-frame construction zoning regulations, and impatient to get started, with flush toilets and a leach field the only kind the six Dancing Rabbit founders took off across of development possible. the country to find rural counties with affordable For a while the group contemplated settling land prices and few regulations. They looked at in the same area as Ecovillage at Ithaca, in New the area around Carbondale, Illinois, which York state, a project of three planned cohousing offered a beautiful setting and an appealing urban communities with energy-efficient, passive solar area, but they found land there to be relatively homes and an affiliated Community Supported expensive. They checked out the area around Agriculture farm. One of the first built-from- Knoxville, Tennessee, which was attractive in its scratch ecovillage projects in the country, own way but didn’t draw them. They also visited Ecovillage at Ithaca was a tempting model, and it a county in northeast Missouri with relatively was near a progressive university town with pos- low land prices, which was also the home of sible jobs. But back in 1995, composting toilets Sandhill Farm, a long-established intentional and strawbale homes were out of the question in community whose members had offered to help. that location as well. Camped at Sandhill Farm and wondering The third hard reality the Dancing Rabbit what to do next, the six founders had long, pas- founders ran into was trying to find a physically sionate meetings voicing every opinion — from inspiring location with access to alternative cul- those who wanted mountains to those willing to ture that wasn’t exorbitantly expensive. Living in take the flats; from those committed to modeling northern California, they’d become accustomed every aspect of sustainable living to those begin- to seaside cliffs and crashing surf, redwood ning to wonder whether such a project were even groves and snow-capped mountains. The farther possible. north they drove, the more ruggedly wild and They realized it boiled down to three choices. beautiful the land became. And every college They could, if they found a way to afford it, buy town they stopped in offered familiar culture, a small parcel of land in a beautiful, inspiring set- from health food stores and vegan restaurants to ting such as Northern California, and, as many coffeehouse bookstores. Yet the more beautiful communities had done before them, break all the land and the closer its proximity to a desir- kinds of zoning, building, and health department 84 CREATING A LIFE TOGETHER regulations in order to create the sustainable research and educational organization for systems they wanted, while remaining so small Dancing Rabbit. To own the land as a and low-key that no one would notice. Community Land Trust, they created a 501(c)2 Or they could work within the system, form- title-holding non-profit, with themselves coming their community in a progressive area like prising one third of the Trustees and the other Ithaca, New York, which was regulated by stan- two-thirds drawn from Dancing Rabbit mem- dard zoning and other regulations, and work bers elsewhere. They created a lease document over the years to change those regulations by for land-based residents. persistently trying to educate local officials. But finding land was their highest priority. Third, they could form a community in a They got a plat map from the county, copied place so unpopulated that zoning and building down the owners of almost every farm parcel codes hadn’t arrived yet, and build exactly the within a three-mile radius of Sandhill, and kind of model demonstration site they had in looked up their telephone numbers in the phone mind; to live just as they wanted, somehow find- book. They called elderly farmers, farmers’ wid- ing enough local jobs to get by. (They also won- ows, and retired cattlemen, asking if they knew dered, if they chose this option, how rural to be. of any land for sale, and once into the conversa- If they were too far off the beaten path would tion, finding out if the landowners might be will- people want to join them? Would they be too far ing to sell a portion of their own property. away for anyone to even visit them?) Burning After six months of calling and driving with a desire to “push the envelope” of environ- around to look, they ended up with several mental activism, and unwilling to either compro- options.The most promising was a 280-acre par- mise their principles or break laws and remain cel of tall-grass prairie with a meandering stream too safely invisible to accomplish their mission, and five ponds.The stream and its branches were and realizing that they were willing to live deep lower in elevation than the fields, and the sloping in the country, they chose the third option. They banks were dotted with oaks, black walnut, hick- planted themselves right in the heart of the ory, and maple. The property also had a short Midwest. dirt road, a one-story barn with two open sides, a maintenance shed, and a few corrugated metal The Proactive Land Search grain silos. Of the property’s 280 acres, 200 had The Rabbits rented a double-wide mobile home been soybean fields, and were part of the near Sandhill Farm. Two members continued Department of Agriculture’s Conservation telecommuting to Silicon Valley, and two got Reserve Program (CRP). The CRP program part-time clerical jobs at the Fellowship for paid property owners (in this case) $60 an acre Intentional Community’s headquarters at not to farm certain acres so the land could recov- Sandhill Farm. er from a hundred years of topsoil erosion. The Continuing the meetings they’d begun in landowner was absentee, and the asking price Berkeley, they drafted documents and decided was $190,000. The group could establish gar- policies, and kept in touch with the wider group dens, build passive solar homes, and grow grain of Dancing Rabbit members via e-mail and their in some of the fields not in the CRP program, website. They created a 501(c)3 non-profit and slowly restore the prairie ecology of the rest. THE GREAT LAND-BUYING ADVENTURE 85

They decided to go for it. This would be the FEC.) These loans totaled $190,000. Their site of Dancing Rabbit Ecovillage. The only monthly mortgage payments would be $1,017 remaining hurdle was to finance it. a month for the first three years, and $1,730 a month thereafter. Friendly Loans from Friends and Family For their land development fund, they com- They had the land appraised for $500 an acre, so bined Dancing Rabbit’s treasury, which had they made an offer of $140,000 to the absentee accumulated $2,000 in members’ dues, and a owner. He countered, and they negotiated for founder’s no-interest, 15-year loan of $33,000, awhile. Income from the CRP program had arti- to be paid back only after the first three loans ficially inflated the price; however, payments on were paid off. Thus, the Dancing Rabbit 200 acres represented a potential annual income founders raised $225,000; enough to pay of $12,000 a year. Spread out over the next $190,000 cash for the land and establish a decade, this income would make the price more $35,000 development fund to begin building like $350 an acre — considerably less than the infrastructure. They bought the land through appraised value. So, they decided to offer $678 their 501(c)2 title-holding non-profit, and an acre ($190,000), and the owner accepted. placed the property in the Dancing Rabbit With two members’ high-paying jobs in the Community Land Trust. computer industry, the group could get a bank They didn’t want their primary loans to be loan to buy the property, but only for $150,000. first, second, and third mortgages, but wanted They wanted lower interest rates and friendlier their lenders to be repaid concurrently, with pro- terms than a bank could offer, to protect them- rated amounts already determined in case it ever selves from repossession in the event of cash- became necessary to sell the property to pay back flow problems. They also wanted to raise more the loans. So they placed three simultaneous money than the $190,000 purchase price, so liens on the deed, with their $90,000 lender they’d have the funds to begin developing roads, owed 9/19ths of the proceeds of any future sale utilities, and buildings. and their two $50,000 lenders owed 5/19ths The Rabbits got the first of their three each. The member who made the $33,000 loan low-interest private mortgages from a long- didn’t have any percentage of pay-back recorded time member in California — $90,000, to be on the deed. (Although the property was in a repaid over 15 years at 5 percent interest, with Community Land Trust, it wasn’t paid for yet. no payments for the first three years. The sec- The trustees of a land trust property with an ond mortgage was $50,000 from one founder’s encumbered title like this can still sell the prop- parents, also to be repaid over 15 years at 5 erty to pay off the debt, if necessary.) percent interest. Their third mortgage was The six founders rented a mobile home $50,000 for 10 years from the Federation of across the road from their new property, and Egalitarian Communities’ (FEC) health insur- because it had a kitchen and bathroom, desig- ance fund, at 8.5 percent interest. (When the nated it the temporary community building. group had first arrived in Missouri they Their first tasks were to create a campground, a formed Skyhouse, an income-sharing sub- composting toilet, and outdoor showers, and community of Dancing Rabbit, which joined turn their two-sided barn into an outdoor 86 CREATING A LIFE TOGETHER

kitchen. They invited other Dancing Rabbit Onerous Owner-financing (Better than members, friends, and supporters to visit and None at All) help them start their organic garden and build In 1990 in Asheville, North Carolina, people their first strawbale cabins. began meeting to discuss their common vision of The Rabbits’ experience illustrates many a sustainable ecovillage and begin their land issues community founders must deal with when search. To create as self-reliant a village as possi- they look for and finance land. Most groups who ble, they assumed they’d need at least 150 resi- want sustainable development must make the dents to provide the range of skills and services same kinds of difficult trade-offs when choosing required to feed and house themselves and create their location. They often also learn to approach an active village economy and culture. These property owners directly, including owners of goals determined their site criteria — at least 100 land not currently for sale. And, with the excep- acres within 45 minutes of Asheville, with a tion of cohousing communities, most choose not diverse landscape, abundant water (originating in to get loans from banks or other mainstream its own watershed), areas suitable for agriculture, lending sources, but seek them instead from and enough south-facing slopes for at least 40 to family, friends, or organizations aligned with 60 home sites and other community buildings. their values. Ideally, the property would be partially or mostly

TABLE 3: DANCING RABBIT’S LAND PURCHASE AND DEVELOPMENT FINANCING

Loan Source Amount Terms Percent of Lien on the Deed

Friend & Supporter $90,000 15 years to pay; 5% interest; no payments for the first three years 9/19ths

A founder’s Parents $50,000 15 years, 5% interest 5/19ths

FEC $50,000 10 years, 8.5 % interest 5/19ths

D.R. Treasury $2,000 — —

Another founder $33,000 15 years; no interest; to be paid back after first three loans are paid off —

TOTAL $225,000 THE GREAT LAND-BUYING ADVENTURE 87 cleared land with buildings and utilities, and search team visited hundreds of properties, owner-financed. shooting video footage of the most promising Over the next four years the group’s land- ones and bringing the whole group out to see

FINDING LAND, LOSING MEMBERS It’s not at all uncommon for a forming community to erty, two couples in the group broke up, and one per- lose members just as it’s about to buy land. son in each partnership left the group, and then at the Sometimes the exodus occurs because it’s just not last minute another couple joined them. Besides the right piece of property for some, or the right loca- being devastating personally, this kind of last-minute tion. One of the most enthusiastic members of turnover can be nerve-wracking financially — wrench- Dancing Rabbit’s original founding group, for exam- ing people back and forth between different amounts ple, had her heart set on forming an ecovillage in of money they must contribute towards the down California. Try though she might to get used to the payment. Midwest, she found she couldn’t bear to live in such In North Carolina a group met regularly to plan the a place: a flat expanse, few trees, and neighbors who community that eventually became Earthaven. After were pleasant enough but mostly focused on rural searching for property for four years, when some farming matters. She tried several times to make it members wanted to buy a particular property and work, and eventually realized that Dancing Rabbit others did not, some persistent personality conflicts might be her tribe, although their new home wasn’t and an essential difference in vision were forced to hers. While she decided not to move to Missouri, she the surface. The conflict was so strong that it broke up will always have a second home there, and like many the group. Earthaven came into being because four people in the Dancing Rabbit network, has found original members, along with some new people inter- other ways to contribute to and enjoy the communi- ested in forming a community created a hybrid group ty’s progress. Another founding member with many of to purchase the property. the same concerns traveled back and forth between Sometimes people leave because the reality of California and Missouri for several years, trying to rec- buying land makes the prospect of living in communi- oncile the vision and values and people she loved ty all too real. They realize they can’t afford it after all, with a location that didn’t draw her. The pull of love or it may not be the right time in their lives to spend and friendship eventually won, and now, committed that much money, or they discover they’re not really to life at Dancing Rabbit, she is one of the many pio- ready to change their lives that much. neers helping it grow and thrive. If this happens in your group, it doesn’t mean the The stress of trying to place an option on, investi- end of your community dream. You may need to buy gate, and finance expensive property can also force the property as a smaller group; however, others may interpersonal conflict to a head. Sowing Circle/OAEC come along to join you before the purchase. And cer- had begun as about a dozen people, but when it was tainly people will join you after the purchase — there’s time to put up money, the group dropped to seven. nothing like a group with a beautiful vision and an And just as they were about to nail down the last appealing property to inspire new people to leap into details of buying the former Farallones Institute prop- the adventure with you. 88 CREATING A LIFE TOGETHER them. They eventually narrowed their search to and ambulance service and well-funded schools, an area southeast of Asheville, near the town of most of the property lay within a considerably Black Mountain. As mentioned earlier, one of more rural county. “That meant we would be the founders, Valerie Naiman, got real estate subject to less stringent building and develop- sales and broker’s licenses in order to learn more ment ordinances,” recalls Chuck, “and the tax about real financing and local land values, and rates would be lower than they would be if we took a job with a real estate agent in Black were 100 yards farther north. Our development Mountain so the group would know about prop- costs would be significantly lower and we’d have erties as soon as they came on the market. greater flexibility in meeting our ecological In 1993, they found a mountain property of goals.” three converging stream valleys 45 minutes As happens with many forming community southeast of Asheville. It had abundant water — groups at this point, the pressure to make a deci- two major streams, many smaller streams, and 16 sion about a particular property, and the need for springs — and a quarter of the land was arable. members to come up with significant funds to Its slopes and bottom lands were covered in a rel- buy it, forced the issue on long-standing person- atively new forest of pines, locust, poplar, oak, ality conflicts and basic differences in communi- maple, beech, and hemlock. A gravel road and an ty vision. Some wanted to live in a simple com- ancient hunting cabin were its only human-made munity with friends; others wanted to create a features. The owners believed it was 368 acres, model ecovillage with an educational mission. although they hadn’t surveyed it and weren’t cer- The group couldn’t resolve these differences, and tain of this. They were asking $1,200 an acre, or over the next year fell apart in conflict and disap- $441,600 for 368 acres, with ten percent down. pointment. They were willing to owner-finance. Valerie broke the impasse by making an offer The group originally rejected the property on the land herself in September 1994, offering because its uncleared forest represented consid- $100,000 down, with a clause in the contract erably more work to develop than the mostly- allowing her to exit the deal if she couldn’t get cleared land they’d envisioned. It also had poor other people to join in the purchase. soil, depleted during decades of unsustainable She invited the group members who favored farming through the 1930s. While the land the ecovillage vision, and many new people inter- search continued, however, a few members of the ested in community, to a “founders meeting” at group returned to reconsider the site. The prop- her house. She handed pledge cards to each erty seemed to call them back. guest, explaining that each person or household “The land was attractive for a number of rea- who pledged $10,000 towards the down payment sons,” recalls cofounder Chuck Marsh. It shared would get a roughly quarter-acre home or busi- common boundaries with two older intentional ness site in the new community. Those pledging communities, Full Circle and Rosy Branch, first would get first choice of sites, those pledging whose members were supportive of the project. second would get second choice, and so on. While the entrance to the property was in the That afternoon 11 people, four from the first more populated county that surrounded group and the rest new people, made seven Asheville, thus offering good telephone, police, $10,000 pledges for home sites and one for a THE GREAT LAND-BUYING ADVENTURE 89 business site. A twelfth person pledged $20,000 they would release the property to the group for both a home and business site, and they had incrementally, upon payment of each of the their $100,000. annual payments. The down payment would Now that they’d agreed on property and guarantee Earthaven ownership of 80 acres, but financing, the heat was on. The hybrid group of only 40 of them would be available for the group 12 cofounders settled on the name “Earthaven” to develop. and began meeting weekly. Between September But the total number of acres wasn’t clear. If and December of 1994, they drafted agreements, the Earthaven group was willing to pay for a post- membership procedures, and bylaws, and incor- purchase survey to determine the actual amount porated as a non-profit Homeowners of acreage, the owners were willing to reduce the Association. Even though they had the money price commensurably, but no more than 40 acres for the down payment they continued raising less than the original asking price (or $48,000), money. They increased the site fees to $11,000 no matter what the survey might show. Thus, if and let it be known that site fees would be the Earthaven founders wanted this property, $12,000 the following year. Through word of they had to agree to buy at least 328 acres, no mouth, they found friends and other interested matter how much smaller the property might people to pledge for additional sites. Some con- actually be. (The later survey showed it was nine tributed the full amount; others put half and acres smaller — or 320 acres — so at $1,200 an agreed to pay $150 a month at 10 percent inter- acre they ended up paying an extra $10,800 as the est. By December 11, more people had joined cost of doing business.) The owners also stipulat- them, and the 21 cofounders had raised a total of ed that, after the down payment, Earthaven $150,000. couldn’t pay off much more than $100,000 a year They decided to keep $22,000 aside for ini- without incurring a ten percent penalty. tial development costs, and so offered the owners These weren’t great terms, but at least the $128,000 down, with seven payments towards sale was owner-financed. Earthaven closed the the unpaid balance over the next seven years, at deal in December of 1994. The property, or part 8.75 percent interest. The owners stipulated that of it anyway, was theirs.

TABLE 4: EARTHAVEN’S OWNER-FINANCING

Actual No. Acres & Amount of Final Purchase Price Total Money Raised Down Payment & Terms Development Fund

320 acres, $396,577 $150,000 $128,000 down; 7 annual payments of principal & interest, at 8.75%. Releasing 40 acres with each payment $22,000 90 CREATING A LIFE TOGETHER

Do-it-Yourself Refinancing with a “Shoe could force the sale of the property to collect any Box Bank” outstanding debts unless the EarthShares The founders knew they would need to raise investors themselves, as the first creditors in line, more than $72,000 the next year for the first agreed to it, which of course they wouldn’t. This annual principal and interest payment, so they created a layer of legal protection around the decided to refinance as soon as possible. As we’ve property. seen earlier, Valerie learned about small-scale, The $232,000 in the EarthShares fund was self-financing methods from the E. F. more than enough to pay off the rest of the prin- Schumacher Society in Massachusetts and pro- cipal and most of the interest for 1995 still owed posed that the group create a private “shoe box to the owner-financers. But because of the bank.” This they did, calling it the EarthShares owner-financers’ stipulated ten percent penalty fund, and asking people to transfer money from for early pay-off, Earthaven paid them off over CDs and savings accounts into it, and encourag- four years instead. ing those with other assets to turn them into By 1997, four Earthaven members invested cash to invest in the project. They offered 8.5 $61,000 more in the EarthShares fund, and with percent interest, a slightly higher rate than many these funds, as well as with income from site people were receiving in their banks and CDs at lease fees from new members, they were able to the time. Contributors would be paid back in pay off the owner-financers that year. Because of annual payments over the next seven years with acreage adjustments from the survey, they ended money from the membership fees and site lease up paying $396,577 to the former owners, along fees of incoming Earthaven members. The first with $28,423 in interest, making their total pur- year, 1995, would be an interest-only payment to chase price $425,000. Of this, $128,000 came the EarthShares fund. from funds raised during their founder’s meeting As a “shoe box bank,” the EarthShares fund and in the last months of 1994, $24,000 came was a seven-year private loan agreement between from membership and site-holding fees, and community members and their own Earthaven $293,000 from the EarthShares fund. Association, allowing them to raise enough Establishing the EarthShares fund had ben- money to pay off the sellers as soon as possible efited the community in three ways. First, com- and gain control of their own property, so they munity members themselves became the could develop more than just the first 40 acres. financers of the project. If for some reason they By December 1995, when the first principal couldn’t make an annual payment one year, there and interest payment would have been due, 18 would be no danger of foreclosure. Second, they Earthaven people had transferred money to the reduced their annual interest from 8.75 to 8.5 EarthShares fund, raising a total of $232,000. percent, saving several thousand dollars. And They used a promissory note as the legal third, once they had paid off the former owners, instrument for the EarthShares fund, with the Earthaven members owned the property out- signatures of all 18 investors as the Lenders, and right and were free to develop all of it. the Earthaven Association as the Borrower. The Although their land was now financially EarthShares fund then placed a lien on the prop- secure, the community was not out of debt, since erty deed. This meant that no future creditors the Earthaven Association still owed principal THE GREAT LAND-BUYING ADVENTURE 91 and interest payments to EarthShares investors. units on a double lot in a neighborhood in north Given the principal and interest payments Oakland with these features. The asking price required to pay off the EarthShares fund, they was $505,000, a fairly reasonable price for the will end up paying several hundred thousand Bay Area at the time. dollars more than $425,000 for their property. Hank’s offer of $485,000 was accepted, but As we’ve seen with Lost Valley and Dancing only if he paid it in 30 days. Hank had to liqui- Rabbit, it’s not uncommon for some founders to date many other investments to raise the have considerably more money or more access to $485,000 plus an estimated $100,000 for repairs money than others. Sometimes it’s only this fact and renovations. But 30 days wasn’t enough time that allows the group to buy property at all. to accomplish this, so he got short-term personal loans, which he paid off over eight months. When One Person Buys the Property Hank and the first people who planned to In early 1998, social justice activist Hank live long-term in the community, now named Obermeyer began looking for likely properties in Mariposa Grove, began what ultimately became Oakland, California to create an intentional a three-year renovation project. They repaired a community focusing on activism and the arts, sagging foundation and replaced wood that had with some kind of limited equity for owners. He dry rot and termites in one house, and redid wanted property with at least two houses and much of the wiring and plumbing in another. several housing units in a tree-lined neighbor- They tore out walls and rearranged living spaces, hood not far from public transportation, prefer- eventually creating six two- and three-bedroom ably in north Oakland. apartments and a large apartment to serve as a In November of that year, he and some community common area, containing a kitchen, friends found three two-story houses with eight dining area, large living room, and guest room.

TABLE 5: HOW EARTHAVEN PAID OFF THEIR OWNER-FINANCERS

Year Money Total Money Principal Interest Remaining (month) Raised in Invested in Owed Payments to Payments to Balance 1994 for Earthshares Owner- Owner- Owner- Owed to Payments for payments Financers Financers Financers Owner- Financers

1994 $150,000 ---0--- $396,577 $128,000 ---0--- $268,577 1995 ---0--- $232,000 $268,577 $105,701 $22,299 $162,876 1996 ---0------0--- $162,876 $99,671 $359 $63,205 1997 (May) ---0--- $61,000 $63,205 $50,202 $5,765 $13,003 1997 (June) ---0------0--- $13,003 $5,246 ---0--- $7,757 1997 (July) ---0------0--- $7,757 $7,757 ---0------0--- Totals $150,000 $293,000 ------$396,577 $28,423 $425,000 92 CREATING A LIFE TOGETHER

Other planned common areas include office “A crisis like this is pretty common in new com- space, laundry facilities, and possibly art and munities,” he says,“when leadership shifts from the music rooms. They dug up a concrete parking lot founder (or founders) to everyone involved.” and planted a vegetable garden and fruit trees. As of this writing, Mariposa Grove is in the The property is in a mixed African- process of researching the legal and financial American and white neighborhood, and from requirements to become a limited equity housing the beginning Hank wanted Mariposa Grove to co-op under California law. If they choose this offer affordable housing and be socio-economi- form of limited equity housing, it means Hank cally and racially diverse. So as soon as apart- will sell the property to the housing co-op for ments were ready he rented the first one to a approximately $750,000 (the $485,000 purchase friend, and they chose the third tenant, and the price plus what will be more than $250,000 in three chose the fourth tenant, and so on, until renovation costs, plus six percent interest). While they had eight members (while expecting 12-13 he could sell for twice that amount since the mar- eventually). They do in fact represent a diverse ket value has more than doubled since he bought group — people who attended Ivy League the property, it would no longer be affordable schools, people who never went to college, and housing. By the time the group buys the proper- people who came from working-class back- ty, the accrued six percent interest will compen- grounds. Most are white; one is African- sate Hank to some degree for his efforts and his American. business risk, yet keep the units affordable. At first, when the project had just a few In a limited equity housing co-op, each mem- short-term members, it was really a one-man ber owns shares in the co-op and is a member of show. But Hank didn’t make any important its board of directors, and has the right to live decisions or begin any major construction proj- there through a proprietary lease with the co-op. ects until other long-term members became If Mariposa Grove chooses this form of owner- involved. Although everyone made consensus ship, each shareholder, including Hank, will pay decisions together about long-range matters, a down payment and monthly occupancy fees to Hank carried out their decisions, mostly the co-op, which will pay the mortgage payment because he knew how, and because ultimately he to the bank, and any maintenance or other costs. was financially and legally responsible for everything. But the increasing load of responsibilities In Chapter 1 we saw how Lost Valley’s grew so heavy that he finally burned out in founders acquired fully developed “turn-key” exhaustion. He told the group he couldn’t con- property for intentional community. Here’s how tinue doing this work by himself. Others would Sowing Circle/OAEC faced similar challenges. have to share the load. At that point leadership Acquiring Fully Developed “Turn-Key” shifted from Hank to the group as a whole, and Property — Confidence, Persistence, everyone began serving on one or more commit- and Negotiation tees — finance, construction, governance, new- member outreach, and so on — sharing more In the mid-1980s, a group of around 25 social jus- equitably the responsibilities of establishing a tice and environmental activists and artists in the new community. San Francisco Bay Area met regularly to celebrate THE GREAT LAND-BUYING ADVENTURE 93

Summer Solstice and New Year’s together in Rabbit’s founders, they used the maps and coun- beautiful rural settings. Many of them had lived ty tax records to contact the owners of likely together at various times in urban group house- properties, even if the properties weren’t for sale. holds. They enjoyed these experiments in com- They narrowed their search down to two coun- munity so much that in the late 1980s and early ties and mailed a form letter to every real estate 90s a dozen of them began to periodically look for agent in those counties. property near the Bay Area to form an intention- They chose a couple of real estate agents in al community and activist and arts center. these two counties from among the responses to By 1991, about a dozen members of the their letters, and visited more properties. group got more serious about creating what In 1993 they learned that an 80-acre parcel would eventually become Sowing Circle com- fitting their description had just come on the munity and Occidental Arts and Ecology market near the town of Occidental in Sonoma Center. They acquired the General Plans and County. The site of the former Farallones county maps for several counties around San Institute, it had been a living/teaching center Francisco that interested them. Like Dancing whose staff had researched and taught classes on

SOWING CIRCLE’S FORM LETTER TO REAL ESTATE AGENTS

Dear Realtor, Ideal: Greetings. We are a group of couples and individuals looking for rural or semi-rural land, with or without • Old church camps, summer camps, rural structures, in Sonoma and southern Mendocino schools, or retreat centers zoned for multiple counties. dwellings and multiple use We’re looking for property large enough for and • A large parcel of undeveloped land or several zoned for multiple homes, barns, and other outbuild- contiguous parcels zoned for multiple ings. We would ideally like land that could accommo- dwellings (i.e., sub-dividable, perc-tested for date our building a small retreat center there. several homes, etc. ) What we’re looking for: • An already-developed property with many • Between 20 and 300 acres older structures needing a lot of work. • Zoned to build four or more homes on the Pluses: property, plus outbuildings • Year-round river or creek and/or a pond • Within one to three hours’ drive of San • Mix of forested land and open areas; hilltops Francisco and valley or canyon • Less than $500,000 (we’d consider paying • At least two acres of arable land more if the property were already a well- • Privacy. developed retreat center with homes). 94 CREATING A LIFE TOGETHER

TABLE 6: SOWING CIRCLE/OAEC’S LAND PURCHASE AND DEVELOPMENT FINANCING

Number of Total Money Down payment $850,000 Amount of Members and their Raised and Terms Purchase Price Development Contributions Fund Amount of Owner-Financed First Mortgage

Plan #1: 10 people $200,000 $50,000 down; $800,000 Owner- $150,000 each contribute 6.7% interest; inter- Financed First $20,000 est-only payments Mortgage for first 5 years Plan #2: 7 people raise $100,000 $50,000 down; $800,000 Owner- $50,000 $100,000 6.7% interest; inter- Financed First est-only payments Mortgage Last-Minute for first 5 years Plan #3: • 7 people each $205,000 $150,000 down; $700,000 Owner- $55,000 contribute $20,0000 6.7% interest; inter- Financed First • $40,000 2nd est-only payments Mortgage Mortgage (5% inter- for first 5 years est); interest only payments 1st five years • $25,000 3rd Mortgage (same terms)

passive solar design, appropriate technology, and sides of a small hill, two of the most beautiful organic gardening. When the Farallones and prolific gardens they’d ever seen. Around the Institute folded in 1990, a private environmental top of the hill were 16 redwood buildings, foundation acquired the property and used its including a kitchen/dining building, an office organic gardens for a seed-saving project to pre- complex, a workshop, classroom space, five small serve heirloom vegetables, fruits, and flowers. vault-roofed passive solar cabins, and another When the group drove out to Occidental to half-dozen intern cabins. The property had a use take a look, they found rolling hills, meadows, permit for up to 26 residents full time, with up to sweeping views, stands of oak, redwood groves, a 50 people allowed to live on the site for work- swimming pond, and, on the north and south shops 60 days of the year. The foundation that THE GREAT LAND-BUYING ADVENTURE 95 owned the land was not necessarily looking for time for eight months to the project. The group the highest bidder, but for a buyer with a similar thanked him by giving him the best cabin. (They vision and values to theirs. They were asking a considered pooling funds to pay him a salary if million-plus for the property, and were willing to the land purchase were to take any longer than owner-finance for five years. They offered a eight months.) $200,000 discount for a buyer who would con- The first task in acquiring the property was tinue their seed-saving work. to find out if it was as ideal as it seemed, so It was a community founder’s dream. Dave looked into the usual issues of property It was clearly the ideal property for this suitability: whether there was enough water group, and they saw themselves as ideal stewards and septic system capacity for the amount of for the property, no matter that it had a million- peak use they envisioned; if the soil would perc- dollar price tag and none of them had much in test well enough for any additional septic sys- the way of financial assets. tems; what potential hazards might be upwind But now the pressure was on. The group or upstream of the property; how any future began meeting 15 hours a week, working on developments planned for the area might affect three major tasks. One was organizing their their use and enjoyment of the property; and future community life — who would do which the amount of repairs or renovations the build- tasks, who would live where, and so on. Another ings might need. was public relations — countering the potential Most of these questions were answered to hostility of local residents towards whomever their satisfaction, but they discovered that might buy the old Farallones Institute property. almost all the roofs needed repair and that most They knew county residents would want to of the septic systems and some of the founda- know who it was that presumed to buy this very tions needed replacing. They figured out it special property, and what they intended to do would take approximately $150,000 to make with it. So representatives of the group met with these and other needed repairs, remodel and neighbors and other county residents and enlarge the cabins, and build new accommoda- explained, in person and through local reporters, tions for workshop participants and interns. how they intended to continue the seed-saving Given the amount of work the property needed, project and initiate similar projects to those of they decided to offer $850,000 — a full the Farallones Institute, through workshops and $150,000 lower than the asking price of over a classes in organic gardening, permaculture million, even after the first $200,000 was dis- design, and other aspects of sustainable living. counted for buyers who’d continue the seed-sav- The third major project was the legal and finan- ing project. cial aspects of acquiring the property. If at First You Don’t Succeed … They realized that this third project would take full-time work. So Dave Henson, a member For the many months leading up to the pur- of the group with extensive experience fundrais- chase, a dozen group members attended meeting for non-profits, and who had gone to law ings, but when the time came to choose to be in school (although he was not a lawyer), quit his the community or out, only seven people environmental activist job to devote himself full- stepped forward to commit to the purchase. 96 CREATING A LIFE TOGETHER

They sought three more cofounders, thinking be so financially strapped in the future that that if ten members could raise $20,000 each, they’d default on payments and the owner would they’d have $200,000. With this amount they’d have to repossess the property. If the property pay $50,000 down, request an owner-financed hadn’t been properly maintained, the owner mortgage of $800,000, and use $150,000 for could get back property that might then be development. But they didn’t find three more worth less what it had sold for because its build- people with $20,000. ings were rundown or falling apart. But if poten- They next decided that the seven of them tial buyers can demonstrate that they will main- would raise $100,000, pay $50,000 down, tain and even improve the property, and can doc- request an owner-financed mortgage of ument the source of their funds for doing so and $800,000, and use just $50,000 for develop- how they will accomplish the upgrades, the ment, which would stretch out their planned landowner may not only be willing to sell to renovations over a longer period. This was the them, but also willing to reduce the down pay- offer they submitted in May 1994. They ment, the interest rate, and/or the amount of described how the intended Occidental Arts monthly payment. If a group with this arrange- and Ecology Center was aligned with the foun- ment defaulted and the original landowner dation’s own vision for the property’s best use, repossessed and got the property back,” Dave and agreed to continue the heirloom seed proj- says,“it would be worth considerably more than ect. A business plan outlined how they’d raise when the owner first sold it, over and above any the down payment and make interest and prin- increase in land values.” cipal payments. They proposed terms quite The foundation accepted their offer and favorable to themselves — 6.7 percent interest terms. (at a time when banks were charging 8 percent) Because they were too overwhelmed by and relatively small interest-only payments for financial stress at this point to establish a more the first five years — in exchange for signing a complex legal entity to buy the property, they contract with the owner-financers that would drew up a simple partnership, called the “Sowing bind the group to doing repairs and improve- Circle.” ments to the buildings and infrastructure, They later learned that the foundation had thereby improving the value of the property received over 200 other offers, some of them over the first year of occupancy. They backed offering more cash than they had. But their offer this up by describing how they would repair was most likely chosen, they believe, because their each building, a timetable for the improve- intended use was probably the most aligned with ments, and another business plan showing how the foundation’s goals for the property, and they much money they’d use for that purpose and had presented the most coherent financial model where they’d get it. of how they’d pay for the property and what they “This is an important point for forming would do with it. It also helped that Dave and communities to keep in mind,” advises Dave. others in this group had credibility and good rep- “Many owner-financers are reluctant to sell to utations nationally as environmental activists. groups who say they can meet the down pay- But at the 11th hour they had serious set- ment and mortgage payments, but whom might backs. Two of the couples broke up, and as a THE GREAT LAND-BUYING ADVENTURE 97 result, two members left the group, leaving just interest-only payments for the first five years. five people to raise the money. Fortunately a new This $65,000 in additional mortgages, plus the couple joined a few weeks before closing, bring- $140,000, gave the group $150,000 for the down ing their number back to seven. payment and $55,000 in reserve for repairs, ren- But that wasn’t the worst. Several days before ovations, and new construction. When one of closing the sale, and after they’d all quit their jobs the seven couldn’t come up with the whole and given notices on their apartments, as they $20,000, the group dipped into the $55,000 were all relaxing and celebrating at a friend’s development fund to give her a temporary loan cabin in the country, they got a phone call. of $5,000. “The deal’s off,” the foundation director said, Five days after the phone call the founders “unless you pay $150,000 down. We can’t go with were able to hand the director of the foundation $50,000 down, and we can’t offer you any extra a certified check for $150,000. The old time to raise it. We’ll need it at closing, five days Farallones Institute property was theirs. from now.” The group was stunned. They later For the first eight months after their August learned that the foundation’s New York lawyers 1994 move-in, six of the partners worked day were horrified to learn that this million dollar and night repairing roofs, upgrading utilities, property was about to go for just $50,000 down, renovating the cabins, and building two yurt and put pressure on the foundation director to dormitories and a new bathhouse. The seventh somehow stop the sale. The group assumed the person, who had just begun a new job in the area, additional $100,000 down was intended to be a brought home enough pay to keep them in food deal-breaker, a demand they couldn’t possibly and other necessities during the renovation. By meet on such short notice so the foundation March 1995 they’d completed enough to launch could get out of the sale. the Occidental Arts and Ecology Center. (They Half packed, no longer employed, and about had arranged to operate OAEC first through the to lose their homes to incoming tenants, the non-profit Tides Foundation, planning to create partners decided all they could do was try to their own 501(c)3 non-profit two years later.) raise the additional $100,000. They created large They created a series of programs, promoted fold-out brochures with color-photocopied pho- them locally, and held their first OAEC work- tos of the property and descriptions of their shop that summer. agreements and goals. Some of them flew home to their parents, and, using the brochures to help As you can see, the challenges and benefits of explain what they hoped to do, asked to borrow buying a fully developed “turn-key” property are enough money to come up with $20,000 each. quite different to those of buying raw land. Meanwhile, Dave and some of the others called While the founders of communities like Sowing several close friends and family members to ask Circle/OAEC and Lost Valley must usually for loans. In a few days they had each secured jump through more hoops to investigate and $20,000 for seven down payments totaling finance such properties than those who buy raw $140,000, and had arranged for two friendly land, after about eight months of hard work loans: a $40,000 second mortgage and a $25,000 both Lost Valley and Sowing Circle/OAEC had third mortgage, each at 5 percent interest with comfortable living quarters for members and 98 CREATING A LIFE TOGETHER offered their first workshops on sustainable liv- Both sets of founders acquired their proper- ing. Primitive facilities didn’t stop either ty by making offers far lower than the asking Dancing Rabbit or Earthaven from creating price. Sowing Circle/OAEC’s offer was helped internship programs and offering similar work- by the fact that their intended use of the proper- shops soon after land-purchase, but it will be a ty was similar to the owner’s wishes, and their long time before either has facilities like those of documentation of how they’d raise the money to Lost Valley or Sowing Circle/OAEC. finance the purchase was so thorough. Lost Lost Valley and Sowing Circle/OAEC can Valley was helped enormously by the fact that also show us what founders seeking turn-key one founder could afford to offer two $100,000 properties can encounter. Both core groups found land-purchase and development loans. properties that had previously been used for almost identical non-profit purposes to their own. Both properties had not been lived in for two or three years, and both, especially Lost In Chapter 10 we’ll look at the step-by-step Valley’s, required extensive repair and renovation. process of finding community property. Chapter 10 Finding the Right Property

N THE LAST CHAPTER WE SAW various com- 5. How much and what kind of financing is Imunities buy raw land, developed land with available for your land purchase? buildings and utilities, and fully developed How Much Land Do You Want? “turn-key” properties. Each of these communities found property with pretty much everything The amount of land you’re looking for will prob- they wanted, perhaps with the exception of ably depend on the purpose of your community, Earthaven, whose hybrid founders’ group didn’t how many total members you plan to have, the choose the developed land with open space envi- population density allowed by local zoning regu- sioned by the original founders. There’s much we lations, and, in the West, the amount of available can learn from these and other groups about water. finding the right property — realistically deter- Of course, everything can change once you mining site criteria; how the land-search process begin the land search. The amount of land or works; and the importance of researching prop- the cost of available properties you find might erties ahead of time. induce you to change your plans. Sowing Circle/OAEC originally planned to spend no Choosing Your Site Criteria more than $500,000, but paid nearly twice that One of the keys to getting what you want is to because they found fully-developed property. have clear, realistic expectations from the begin- An increase or decrease in the size and/or the ning about your chosen location and any limita- cost of property could make you decide to tions on property available there. Here are five increase or decrease your planned number of basic questions to ask yourselves. households. Many cohousing communities, for example, have increased their number of units 1. Which region or city would your group like by ten or more because they underestimated the to live in, and why? cost of land (or the cost of development or con- 2. How much land are you looking for? struction), so to keep their homes affordable, 3. Do you want raw or developed land? they spread the cost over a larger number of 4. How much do you want to pay for property? people. On development and construction?

99 100 CREATING A LIFE TOGETHER

Raw Land — Lower Initial Cost, Years of community’s values or sustainability Effort goals. For example, like Dancing Rabbit and Earthaven you could cluster your Dancing Rabbit and Earthaven bought essen- buildings and design your site to enhance tially raw land, though each had one road and community interaction; use permaculture one or more outbuildings, and both faced the design to create mutually reinforcing same set of advantages and disadvantages. shelter, energy, water, and vegetable gar- Advantages of Buying Raw Land dens; or build passive solar homes. Raw • Within the limits of local zoning regula- land means you won’t have to try to tions and building codes, with raw land counter the effects of a poorly designed you can design your site to express your site or bring poorly designed or shoddily constructed buildings up to speed. LOCATION, LOCATION, LOCATION • You can infuse your group’s particular energy and “vibes” into the site and Location is a critical factor for many reasons. For example, express your own aesthetic taste, instead do zoning regulations there allow the kinds of activities of working with a site that’s already “set” you envision (farming, market gardening, light industry, in its energy and aesthetics. animal husbandry?), or the degree of density you plan • You’ll pay less initially. If your group has (apartment living, single-family dwellings on separate limited funds and enough time to devel- lots)? If not, how likely would it be, and what might it op infrastructure as you can afford it, raw cost, to get a zoning variance? land may be ideal. While you’ll need Unless you’re bringing already successful community much more money than the land cost to businesses to the land, or most or all of you will telecom- turn the property into a place where all of mute, does the area offer potential jobs? What are wages you can live, at least you’ll have a start and salaries like there? Consider commute times to jobs, (and a place to show interested potential gasoline and other transportation expenses, and whether the new members). distance to jobs resonates with your community’s values. Consider your needs for proximity to towns or cities, an airport, and health care facilities. If you’ll have commu- Disadvantages of Buying Raw Land nity-owned or individually owned businesses, what • Developing the property — roads, off- about local markets for your products or services or grid power or bringing in power lines, access to trucking or other delivery services or a post wells or piped water, septic tanks and office; if some of you will telecommute, what about leach fields or sewer hook-ups, and build- access to phone lines and the quality of local phone ing homes and community buildings from service? What about access to farmers markets, CSA scratch, takes much more money (twice as farms, food co-ops, or health food stores? What about much? three times?) than if you’d bought proximity to schools, high schools, continuing education fully developed property with all the same facilities, and recreational opportunities; or to art, music, facilities, because everything costs more and culture? now than when properties were developed even just a few years ago. FINDING THE RIGHT PROPERTY 101

• Development and construction usually • The development and construction phase means full-time work for several people can be exhausting and can lead to — paid professionals or community burnout, conflict, relationship break-ups, members. If you plan to do it yourselves, and even loss of members. Consider the can several of you afford to take leaves of statistics regarding couples breaking up absence from (or quit) your jobs for six while building a new house — and mul- months to a year? Does your develop- tiply it! ment fund include money for labor? Developed Land — Electricity, Toilets, • Developing and building on the property and Showers can take far more time (three times longer?) than you anticipated. You may Abundant Dawn in Virginia, Zendik Arts have to wait a year, or several years to sim- Community in North Carolina, New View ply live in community. If your communi- cohousing in Massachusetts, and Higher ty has an educational, service or other Ground cohousing in Oregon all bought old purpose, it may take years to actually start farms. Eden Ranch in Colorado bought a former fulfilling that purpose. “flying ranch” and airport runway (turning an airplane hangar into their community building). Earthaven’s founders, for example, bought A community I’ll call Pueblo Encantada (see land in December 1994. By the end of the next Chapter 18) acquired the former servants quar- year they’d cleared an area and built an open- ters and surrounding acreage of a former estate. sided pavilion for workshops and meetings, and Urban cohousing communities have done it three small huts for interns, none with electrici- too — Doyle Street in the California Bay Area ty or running water. By the third year they had bought an urban warehouse; Monterey cleared more land and built a second road, a Cohousing in Minneapolis purchased a Georgian kitchen-dining room with solar electricity and mansion; Old Oakland Cohousing chose a his- running water, a composting toilet, and more toric downtown market building; Southside Park huts for interns. By the fourth year they had in Sacramento and Temescal in Oakland bought built more roads, more huts, and increased their Victorian homes; Terra Firma in Ottawa amount of off-grid power, but only interns and a acquired six 19th-century row houses; and few members lived on the land. By the sixth year Trillium Hollow in Portland got an upscale exec- they’d built more roads and a community build- utive’s home built in the 1980s.There are as many ing that was usable but not finished. More mem- ways to buy and remodel community buildings as bers had moved to the property, living in huts there are existing buildings out there. and temporary shelters. By the end of 2002, fully Abundant Dawn’s founders considered seven years after land-purchase, while several undeveloped land at first, but later were aghast permanent homes were under construction, only that they thought they might form a community one was finished. It’ll be years before Earthaven’s that way. “We thought we were going to buy founders live in the thriving village of 150 they property without buildings?” recalls Velma Kahn envisioned in the early 1990s. of Abundant Dawn. “Without showers and a flush toilet? What were we thinking?” 102 CREATING A LIFE TOGETHER

I’ve been involved in two small-group devel- Disadvantages of Buying Developed Land opment projects on about ten acres each: one • You have to raise more money initially. starting with raw land and the other with an existing house and utilities. In the first instance • Because you’ll mostly like do additional we paid $10,000 for a pipeline to the local water construction, you’ll have many of the co-op and thousands more to bring in electrici- same disadvantages as buying raw land ty and build a road. We spent the first seven — expense, time, and potential burnout. months dealing with permits, inspectors, roads, Fully Developed Turn-key Property — utilities, and hooking up an ancient single-wide Move Right In (With a Big Financial Bite) mobile home, which four of us then crowded into for three years (with me sleeping in a tent) Let’s say that you set out to buy fully developed while we very slowly built our house. In the sec- turn-key property which will already have most ond instance we moved right in, and by about 18 of the infrastructure you’ll need for an intention- months had dug a second well, installed a solar al community. system, enlarged the garden, and built two stor- You could look for old YMCA camps, age buildings and a second, four-bedroom church camps, Boy or Girl Scout camps, confer- house. ence centers, schools, or church complexes. “Often you can get a good deal on properties like Advantages of Buying Developed Land these,” says Dave Henson of Sowing • With buildings, running water, and elec- Circle/OAEC. “Especially if the property is tricity you’ll have a “base-camp” on the devalued because the buildings are funky or property. One or more people or house- small, or the property consists of one or more holds can live there as early caretakers. small or odd-sized lots, or if there’s no view.” People can have a place to eat and sleep as Many forming communities have bought they build their homes. A house (or and remodeled properties like these. As we’ve garage, or barn) can be turned into a com- seen, Sowing Circle/OAEC bought and reno- munity building with a common kitchen, vated a live-in teaching center, and Lost Valley bathroom, meeting room, and laundry did the same with property that had once been a facilities for everyone. large intentional community. Shenoa Retreat • You can save money in the long run, since and Conference Center in Mendocino County, the property will probably cost less than California bought a former children’s camp. if you built the same improvements from Hank Obermeyer bought eight apartments in scratch. three existing buildings for Mariposa Grove. • Because you will probably add more Advantages of Buying a Turn-key Property buildings, you have many of the same • It will cost you less in total expenditures advantages as buying raw land — you can than if you developed the property from design some of your site and buildings scratch. with your group’s energy, values, and aes- • After whatever degree of repairs or thetics. remodeling may be necessary, you can FINDING THE RIGHT PROPERTY 103

move right in and begin your lives in charming, grew mold and mildew in the community; if you have an educational, wet season. service, or other mission, you can begin it • If the property hasn’t been lived in for right away. awhile you can find termites, rodent Disadvantages of Buying a Turn-key infestation, frozen or otherwise damaged Property water pipes, leaking roofs, or water-damaged interiors. • You can create a cash-flow problem for • You must live with someone else’s infu- your first few years of operation, as it will sion of energy and “vibes,” or aesthetic cost far more at the outset. taste. • In some instances, the cost of renovating • You can get yourselves in debt to the hilt, damaged buildings and remodeling dividing enormous mortgage payments would be so prohibitive it would be among too few people, and being eaten cheaper to build from scratch, unless, like alive by interest payments while barely Lost Valley’s founders, you bought prop- chipping away at the principal. This can erty with huge potential for a fraction of cause you become so desperate for relief its current market value. that you consider new community mem- • You may inherit a site which is poorly bers not for shared vision and values, but designed for social interaction and commu- with a financial gleam in your eye, assess- nity glue; for example, the buildings are too ing how much their monthly payments spread out, or are not facing each other, or could lift the financial burden you’ve are not contributing to any kind of central buried yourselves under. commons. It can be poorly designed for sustainability; for instance, the flattest and Buying Property like the Professionals Do most arable land is used for buildings or As you’ve already seen, no matter what kind of parking lots, the gardens are far from the property you seek, the process of finding land living areas, or the homes are on top of a and shopping for financing can be a full-time job ridge instead of part-way down the slope. for someone. It’s a good idea to elect one or two • You may inherit poorly designed build- of your members to do this, since commercial ings with energy-hog appliances, low to developers — your competition — spend full no solar access (built on a north slope), or time seeking properties just like those you’re thin to no insulation with poor heat looking for. The property that would make a retention in winter and too much solar great site for a community would also make a gain in the summer. Lost Valley, for great site for a subdivision, from a developer’s example, bought property with a counter- point of view. So if you can afford it, do as intuitively planned septic system, which Dancing Rabbit, Earthaven, and Sowing broke down every time it rained, and Circle/OAEC did and arrange for one or more uninsulated steep-roofed wooden cabins members to make this work their sole occupa- in a forest which, though storybook tion for awhile. 104 CREATING A LIFE TOGETHER

Commercial developers and real estate pro- • Master current property values and “the fessionals use the following tools and strategies market” in your chosen area, so you’ll to get the best value for their money; there’s recognize a high price and a low price absolutely no reason you can’t use the same ones. when you see one — whether or not you plan to work with a real estate agent to • Find out how much money your group find property. can borrow. Whether you’ll be seeking • Armed with this knowledge begin the owner financing, private loans, or a mort- search — and consider all properties that gage from a local bank or lending institu- meet your criteria, whether or not they’re tion, knowing your borrowing power currently on the market. ahead of time can help you determine your price range, and whether you’ll want to add Assessing Your Potential Borrowing Power more people to your group to raise more Experienced real estate brokers recommend get- money (and more borrowing power). ting preliminary information from local banks and lending institutions about how much you can borrow before conducting your search (even RAW LAND AND “PAPER LOTS” though you may not borrow from these sources). To do this, each group member or household Why do some parcels of raw land cost three or four times adds up four sets of figures: more that other parcels of similar size? The price of undeveloped property is affected not only by its size, but by 1. Total monthly income how it could potentially be developed. 2. Total assets First, if it’s in an area the city or county has zoned for 3. Total amount of debt owed intensive development it will be worth more than if it 4. Total monthly payments for these debts were in an area zoned for more restrictive development. Second, if the owner has already secured approval for With this information in hand, make intro- subdivision and development — with approvals for ductory information-gathering visits to the sen- streets, utilities, or other infrastructure, and an approved ior officers of banks and lending institutions in “tentative map” showing the boundaries of the new lots your chosen area. Ask for information on rates, to be created — while the land physically looks the loan alternatives, and if they would consider same, it’s now in the “paper lots” stage and worth con- loaning money to a group like yours (since not all siderably more to potential developers because the lenders make all types of loans). Be sure to refer time-consuming and expensive process of getting these to yourselves as “a group of families” or a “group approvals has been completed. of households” — not as a “community” or an If your group finds desirable land like this but you “ecovillage.”There’s no point conjuring up images don’t want to subdivide or develop it as it’s currently of “hippie commie cult” in the minds of the approved, keep looking. There’s no point paying two or (probably conservative) bankers. three times the price for approvals that won’t benefit Here are two do-it-yourself methods for your future development. making rough estimates of your potential borrowing power. FINDING THE RIGHT PROPERTY 105

Add up the total annual gross income of It’s a good idea at this point, before starting everyone in the group who might cosign on a the search, to find out the credit rating of each loan, then double this amount. This is roughly group member that may be co-signing on a loan, how much a bank would loan you. One percent or otherwise contributing to monthly land pay- of that amount would be the approximate ments. You can do this by getting credit reports amount of your monthly mortgage payment. on each member and reviewing them as a group. Let’s say you’re a group of six people, and every- If one of you has bad credit, you might ask that one’s total gross annual income adds up to person to bring his or her credit into good stand- $250,000. Using this formula, you could (rough- ing now, before your group begins trying to ly) borrow $500,000 as a group. Your monthly obtain a loan. mortgage payment would be roughly $5,000, or Method A: Working with Real Estate $833 a month each. Agents Let’s say you found desirable property with an asking price of $460,000. Knowing in advance When it comes to finding land for new commu- that you have this amount of borrowing power, nities, there are three possible routes to take. You and if you had at least $45,000 in cash already, could work with one or more real estate agents, you could offer $445,000, with 10 percent you could work on your own, or you could work ($44,500) down, seek a $400,000 mortgage, and on your own with help from an agent some of set aside $100,000 of the loan for repairs, renova- the time. tion, and new construction. Let’s look at how realty companies work. The second method is based on monthly Real estate agents enter into contracts with income. Add up everyone’s total monthly gross property owners for three to twelve months to income. Twenty-nine percent of this amount find a buyer (called “listing” a property). The real represents the maximum monthly land payment estate agent markets the property with For Sale you’d be able to maintain (including principal, signs, ads in the newspaper and local real estate interest, property tax, and insurance). Now add publications, a description in the local Multiple up everyone’s total monthly debt payments. Listing Service, and by driving potential buyers Most commercial lenders consider ten percent of out to visit the property.If the property sells dur- your monthly gross income to be the maximum ing the contract period, the agent who listed the you should be paying out to maintain other property gets the amount of commission agreed debts. If your monthly debt payments add up to upon with the buyer, usually four to ten percent more than ten percent of your total monthly of the final sales price.The commission is paid to income, the amount you’d have available for the agent whether the agent actually sells the monthly land payments would be reduced pro- property, or the owner sells it directly to buyers portionately. For example, if your group’s gross who just happened by, such as your group. monthly income is $20,000, that allows for a land Therefore, if you approach a property owner payment of $5800 per month, and $2000 for directly whose property is currently under con- other debts. If your group’s other debts amount tract with an agent (or, in most cases, was under to, for example, $2500, then your land payment contract within the previous six months to a amount will drop accordingly, to $5300. year), the agent’s commission will still be a factor 106 CREATING A LIFE TOGETHER in any sales price you and the seller may agree on. The kind of service you get from a real Of course, you can still negotiate with both of estate agent and the fee you pay for it can them about the commission. depend on what you and the agent agree upon Let’s say your group decides to work with one ahead of time. You might agree on a full service or more real estate agents because they know the package in which the agent takes you out on market and available properties far better than half-day or full-day property tours, or on a sim- you do, and you don’t have the time or energy to pler service, in which the agent gives you rele- devote to mastering the local market as is sug- vant printouts from their Multiple Listing gested below. The first thing you should know is Service database and a map, and sends you on that, since agents list properties for the property your way. owners, they are contractually obligated to get You’ll need to find the right agent for your highest price and the most favorable terms for group, and one who specializes in the kind of the sellers, rather than the lowest price and most property you’re seeking. If you’re looking for a favorable terms for the potential buyers. rural location, start with agents who specialize in One option, however, is to sign a “buyer’s farm and ranch properties; if it’s an urban loca- agent” contract with one agent for one to three tion you’re after, look for agents who specialize in months or longer. This means the agent now commercial or multi-family properties. works for you, not the seller, and will try to find You may want to do as Sowing Circle/ you property at the lowest price and best terms, OAEC did, and write a form letter to all the for either a flat fee or a percentage of the final agents affiliated with the local Board of Realtors sales price, depending on what you and the agent or Multiple Listing Service, as well as any other negotiate. Look at the contract to see whether it local agents listed in the phone book. Dave contains a clause which says the fee goes to the Henson of Sowing Circle recommends adding agent even if you find and buy property on your in bold letters at the bottom of the letter:“Please own after the contract expires. If so, you may do not contact us unless you have property that want to strike that clause. All clauses and fees in fits this description.” Sowing Circle/OAEC did- any contract with a real estate agent are nego- n’t do this, and got calls about three-bedroom tiable. Experienced real estate buyers (and many homes in suburbia. He also suggests that you community founders), strongly recommend pay- introduce yourselves as “a group of families” or “a ing a real estate attorney to look over any con- group of families and individuals,” rather than as tracts before signing. an “intentional community” or an “ecovillage.”You While some agents will work with your don’t want to confuse, prejudice, or scare them. group as buyer’s agents without any proof of (See Chapter 9, “Sowing Circle’s Letter to Real your ability to buy property,other agents will not Estate Agents.”) unless they, or a local lending institution, have Whether you shop for an agent by sending pre-qualified you financially, and your group has letters or by visiting many realty offices, when a preliminary commitment for a mortgage from you find one you like and trust, and who res- a lender. The agent may also want to first see the onates with your values, tell the agent enough of net-worth statements and credit reports of each what you want and why you want it, so he or she individual in the group before working with you. can truly help you. FINDING THE RIGHT PROPERTY 107 Mastering the Local Real Estate Market on Your Own WORKING WITH A REAL ESTATE LAWYER Bob Watzke, a real estate dealer and developer in “Real estate lawyers can be invaluable — use them!” says Milwaukee who has long been involved in inten- experienced real estate dealer Bob Watzke. Your attorney tional communities, encourages community can prepare and review your sales offer and any subse- founders to do it on their own; however, follow- quent contracts prior to submittal, advise you on negoti- ing his advice below can also empower your ations, prepare loan and deed documents, order title group and make you more savvy property buyers work from a title company, and advise you at the closing. if you are working with real estate agents. He “Pay your lawyer 30 to 50 percent in advance and he or advises thoroughly learning property values in she will give you even better service,” Bob adds. “But fol- your desired area so you’ll recognize a good deal low up with him or her frequently, since ‘squeaky wheels’ when you see one, and acquiring and studying still get the best service.” the following kinds of local marketing data. In some states, closings are handled by a lawyer who represents both buyer and seller in place of a title com- 1. Market value reports on recent sales in the pany, and the closing is held in their office. In other area. Prepared by a realty company, a market states, attorneys can act as brokers. value report demonstrates that the asking Bob suggests keeping your attorney in the back- price of the particular property the realty ground unless the seller has one too. “Ask your attorney company has listed for sale is in line with to review everything you’re supposed to sign before you local market values, through a comparison of sign it, not after,” he cautions. If you find yourself in a the prices and features of other similar prop- position where you must sign a contract by a certain time erties recently sold in the area. and your attorney hasn’t seen it, Bob suggests you insist 2. Comparable sales books. Compiled by the on inserting the clause: “This contract is subject to my/our local Multiple Listing Service, these books attorney’s review and written approval within forty-eight itemize properties in similar or “comparable” (48) hours after acceptance or this contract shall become categories, showing their prices and features. null and void, at the buyer’s option.” (Because market value reports and comparable sales books are prepared by real estate 5. Comparable Sales Study. This is a descrip- agents, you may need to pay a realty compa- tion, including sale price, of all the properties ny for them, unless you’re working with an similar to the kind you’re seeking that have agent who provides them.) been sold in the recent past (usually the last 3. Record of all realty properties recently sold. six months) in your chosen area. This is pre- This information is usually available in the pared especially for your group by a profes- office of the County Registrar of Deeds. sional real estate appraiser, for a fee. 4. Databases of recently sold properties and (Appraisers are real estate evaluation experts their sales prices, and current properties for who determine the current market value of sale and their asking prices. Compiled and properties by comparing the features and owned by local real estate appraisers for their final sale price of other similar properties own use, these can be made available for a sold in the same area.) A comparable sales price. study will probably cost more than the usual 108 CREATING A LIFE TOGETHER

kind of appraisal (which determines the cur- save you thousands, even tens of thousands of rent market value of a specific property), but dollars when you buy at the low end of the value if you can afford it, this analysis will offer range,” Bob says. “Not to mention that you can valuable insight into current property values save more when you are informed enough to in the area. negotiate your price and an owner-financed loan under your terms.” Most counties and municipalities have a zon- Conducting the Search — On Your Own ing map of the county or municipality which or with a Real Estate Agent shows how each area is zoned (meaning what kinds of development can take place within Besides the obvious places to look for properties those areas), whether such zoning might be such as local newspapers, free real estate publica- changed, and how to go about doing so. You can tions, “For Sale” signs, and any local for-sale-by- also look up tax maps, which show the bound- owner organizations, be sure to do what develop- aries of every property in the county or city. ers and real estate agents do —scour every road in Through the tax numbers of each property, you your desired location by car. Correlate the map can also get the names and contact information with addresses you see on mailboxes. Get out of for each property owner. the car, climb on top of it if need be, or bring a lad- Study your marketing data. By examining the der to stand on so you can see better or get a sense tax records and zoning designations for various of a property’s view. Ask neighbors about various areas, and by driving around and looking at prop- properties that seem interesting. “Do you know erties, you’ll learn promising areas to consider how large it is?” “Does it go all the way to that within your chosen location. You’ll also get an fence over there?”“Do you know who owns it?” idea of the average cost per acre or per square foot At city hall or the county courthouse, check in these areas, and which factors in these areas on various properties; find out when they last may be most significant in determining price — sold, and how much they sold for. This is time- for example, the size of the property, location and consuming work, but it does give you expertise zoning, views, access to water, type of soil, trees, on property in that area, and puts you on a near- and proximity to major roads. You’ll learn which equal footing with developers, who know the are the most desirable properties for your pur- land as well or better. poses, how they’re zoned, and who owns them. Like Dancing Rabbit and Sowing By continuing to add information to your com- Circle/OAEC, you might write letters or call parable sales study, Bob says, you will eventually owners of properties that interest you, or the come to know more than the local professionals owners of properties next door to those that themselves about what’s going on in the area during interest you, if you can’t find the current owner. the time of your search. (You’ll also have back-up You might say something like,“May I speak with material to support your proposal to lenders, you? You have a beautiful farm/homestead/piece appraisers, and sellers when you make an offer.) of property here. We’re seeking something like “A well-informed negotiator — knowing this for our group of families to farm/grow whether any given piece of property is priced too organic vegetables/build passive-solar houses (or high, too low, or at the going market rate — can whatever it is you’d like to do). Do you know of FINDING THE RIGHT PROPERTY 109 any other farms/homesteads/properties like this erty that fits their criteria, narrow them down to in the (whatever general area you’re looking in), the most promising properties, and pick one that where the owners might consider selling to a seems like the best choice, given the information group like us?” This kind of approach can open they uncover. I suggest you do the same. Here the door for property owners to invite you in, are some issues to look into in order to narrow show you around, and possibly consider selling your search. Gathering this information can also to you themselves. But maybe not. While you’ll help you negotiate a price with the seller. meet some nice people this way, and learn a lot more about the county, also be prepared to expe- Zoning. What activities, and what population rience some cool or angry dismissals. Don’t be density, are allowed on this property by local discouraged; just keep going. zoning regulations? What is the likelihood of Like Dancing Rabbit, you may find property getting a zoning variance, special use permit, or with an absentee owner.“Say, do you know who other kind of exception, and what might it cost? takes care of that property over there?”you might This is such a significant issue we take it up more ask some neighbors. Or, “Do you happen to thoroughly in Chapter 11. know how I might be able to contact the owner?” Once you’ve found a few likely properties, Water. If it’s rural property, is there enough it’s time to start researching them a bit more water for your purposes? What are county regu- thoroughly. lations regarding the amount of available water relative to the number of houses you plan to have Investigating Likely Properties and the number of people who will live there? With or without the help of real estate agents, Are any springs, streams, or ponds year-round? let’s say you’ve found several likely properties What’s their water quality? Have weather pat- that meet most of your criteria. Just because a terns been changing in the area? Have creeks property looks good doesn’t mean it will be suit- been drying up? Have wells been running dry? able over the long run, so you must do further You could talk to neighbors in the area and local research, primarily involving water issues (if it’s well drillers, or pay a local well driller or a dows- rural land), potential dangers to the land from er to assess in a general way where they think natural causes or other people’s plans, zoning ground water would most likely be, in case you’ll and land-use issues, neighbor issues, and financ- need to dig any future wells. Does your developing options for that particular property. ment fund have money for drilling wells and For properties you’re seriously considering, installing pumps? Are roof water catchments make sure you get an Owner’s Disclosure allowed in this area? Does the county health Statement (now required by many states), or a department have rules about it? What would it similar list, showing any problems with appli- cost to bring in piped water? ances, wiring systems, structural aspects, environmental factors, or legal issues that could Roads. If it’s rural property and you’ll need to affect the property. build your own roads, are there likely places for Most experienced real estate buyers do a pre- roads, or does it have too many steep slopes? What liminary feasibility study like this on every prop- would be the likely costs for building gravel roads 110 CREATING A LIFE TOGETHER

ZONING AND THE GENERAL PLAN

Contrary to popular belief about individual property building size and dimension restrictions, density, and rights, county, town, and city governments have broad specific kinds of improvements such as roads, utilities, legal powers to regulate the use of all land within their and so on. boundaries in order to protect local residents from Many local governments offer various levels and potential health and safety impacts of new develop- types of exceptions or changes to zoning regulations. ments. Local governments regulate land use primarily These include rezoning, zoning variances, conditional through a General Plan and through zoning regulations. use permits or special use permits, non-conforming A General Plan is a document which creates an use permits, and other kinds of exceptions. These image of what the local area will be like in the foresee- must be specially applied for and approved by plan- able future. It describes policies and goals, and des- ning departments, city councils, planning commis- ignates what land uses, population densities, and sions or county boards of supervisors. Exceptions are public facilities will be permitted or encouraged in granted if the new development meets certain special each area. requirements, helps the county or municipality meet Zoning regulations enforce the General Plan’s land- the goals of its General Plan, or offers certain benefits use policies and goals by dividing the county or to the area such as additional parking, preserved open municipality into various use districts, such as rural, space, a protected wildlife corridor, and so on. rural-residential, residential, commercial, industrial, Sometimes exceptions to zoning regulations are and agricultural. Zoning primarily regulates density granted directly by local officials, but they usually (the number of residents allowed per acre), building involve a public hearing, where potential neighbors to mass, setback from property boundaries, and parking. the proposed development are invited to express Subdivision ordinances of the state, county, or city their support for or concerns about it. Since the offi- are a separate set of codes from the normal zoning cials making the decision are elected, the neighbors, regulations. Property owners wanting to subdivide as potential voters, have a great deal of clout. They can property into smaller parcels and sell some or all of make or break a community’s proposed development them must meet the conditions of the subdivision project and affect whether or not the founders will ordinances, which usually require specific setbacks, pursue buying a particular parcel.

(which must be redone every five to seven years), property, what would be the cost to hook up to or much more expensive asphalt roads? power, gas, and sewer lines? Having utilities readily available to a site or having to extend lines Utilities. If it’s rural property, do telephone lines to your property or create them yourselves can or power come that far? If not, what would it make an enormous difference in the amount of cost to bring them to your property? What money you must put aside for land development. would it cost to dig a well? How much power would you need to operate a pump? Is the site Septic systems. If it’s rural property, what are appropriate for generating your own power county health department requirements about through micro-hydro, wind, or sun (or some septic systems and the amount of people living on combination)? If it’s semi-rural or suburban the land (usually based on your expected number FINDING THE RIGHT PROPERTY 111 of bedrooms)? How well does any current septic mosquitoes? What has the property been used system work? Does the soil perc well enough for for in the past? Have hazardous waste materials additional leach fields if you’ll need them? You been dumped there? Should it be tested for envi- could pay a soils consultant to walk the property ronmental contaminants? What would be the and give a visual assessment of likely percability, cost? Does the property have sensitive wetlands, and likely places for leach fields, and estimated or is it home to an endangered species that must costs. Or you could pay for perc testing before be protected at the buyer’s expense? Is the prop- buying the property to find this out. erty downwind or downstream from cattle ranch- es, pig farms, or poultry operations with manure State of existing buildings. Most professional polluting the watershed, or from manufacturing inspections take place during the closing period. plants or commercial agriculture fields with toxic However, if you’re seriously considering a prop- outputs? What future development is planned erty with buildings, you can always arrange for for the area, or for next door? If it’s rural proper- an earlier inspection, to find out if there are any ty in a western, open-range state, how much potential repair costs that would be so prohibi- would you need to spend to fence your neighbors’ tive as to lower your offer, or change your mind livestock out? (And if it’s property in a wilderness about the property entirely. What would it cost area traditionally used by hunters, will you con- to repair or replace any foundations, roofs, or tinue to let them hunt on your property? If you wood damaged by termites or dry rot? Does any don’t want hunting, is there any safe way to pre- plumbing need to be replaced? Do any buildings vent it? Could you afford to fence hunters out?) need rewiring? Are there problems with radon? (And while we’re at it, do dowsers find any prob- Possible legal issues. Must any legal hurdles be lems with geopathic zones? Can they be mitigat- cleared before the property can be purchased? For ed? And, going further out on a limb, is the place example, is it owned in trust by a family, where all haunted? And if so, can you get it cleansed?) members must agree to sell it? Is it owned by a non-profit with internal agreements that it can Building codes. What kinds of building con- only be sold to another non-profit? Is it part of a struction is allowed in this county or city? Could larger development project whose owners are you build the kinds of buildings you want on the placing design or other constraints on whomever property? (See Chapter 13.) develops it? Will any of this require negotiation with lawyers, and if so, what will it cost? Possible future problems. What might be any potential dangers in the area? Have there been Neighbors. What would your neighbors be like? floods? Where would flood waters flow on this Are they progressive, “alternative,” politically or property, and what might be damaged? Would religiously conservative? Would they welcome a floodwaters flow where you’d ideally like to build? group of families or households moving next door? Are there fire hazards, such as dry brush down- If they heard the term “intentional community,” hill and downwind from structures? Are there would they feel apprehensive? Would they assume any ponds that would be dangerous for small “hippie commie cult?” What is their lifestyle? Are children? Any marshy areas or ponds that breed they into loud parties, drinking, or drugs, and if it’s 112 CREATING A LIFE TOGETHER a rural area, noisy trucks, barking dogs, hunting, or Making an Offer with Contingencies shotguns? What structures or activities can you Let’s say your group chooses a likely property and see and hear from your property, and what struc- you decide to make an offer with contingencies. tures or activities of yours would they be able to How much to offer depends on what you learned see and hear from theirs? (See Chapter 11.) from your research of current local property values, how desirable this property is to you, the Amount of offer. What’s a realistic offer to make condition of the property, your guess as to needs on this property? Once they’ve found a promis- and circumstances of the seller, and how much ing property, some groups pay for an appraisal of money you have to spend on this property to do that property to get a realistic sense of its current any repairs, renovations, or further development. market value. If you’ve done your homework, Your offer proposes your sales price, amount with all the marketing data you’ve collected this of down payment and other financing terms, the may not be necessary. date of closing, and all terms of the contract and contingencies of the sale. It may be accompanied Financing. If you’re not paying the full sale price by a check for a certain amount of “earnest with the group’s assets, can you arrange private money,”usually a nominal amount that is negoti- financing, owner-financing, or bank financing ated between you and the seller, usually ranging for this property? (See Chapter 12 for more on from a few hundred to a few thousand dollars. financing.) “Never give more than you are willing to walk Taking Property Off the Market While away from and write off,” advises Bob Watzke. You Do Further Research The contract states that your group will buy the property dependant on your finding out and/or After researching the most promising properties accomplishing certain things during the contin- and comparing the results, experienced real gency period. This permits you, the buyer, to make estate buyers pick one that seems to be the best sure the property is appropriate for your needs. choice. The prospective buyer takes the property The seller may accept or reject your group’s off the market in one of two ways; either by mak- offer or make a counter offer. You can agree to ing an “offer to purchase” with contingencies in buy the property at this new price, or make a sec- the sales contract allowing one to three months ond offer. After you and the buyer have negotiat- (or more) to conduct a more detailed feasibility ed the price and terms, you sign a sales contract, study, or by offering to purchase the property which (unless the seller doesn’t agree) takes the using an “option to purchase.” property off the market for the agreed-upon con- If the prospective buyer chooses an “offer to tingency period. purchase” and during the contingency time dis- Although contingencies are specific to a covers that the property doesn’t satisfy the con- particular buyer and a specific property, a typi- tingencies, the contract can be voided and the sale cal printed sales contract form (depending on doesn’t go through. The prospective buyer loses the state) offers check boxes for many of the fol- no money, and tries again with the next most lowing items. Whichever items the buyer promising property, if it’s still on the market. checks off (or writes into the contract) must be FINDING THE RIGHT PROPERTY 113 accomplished or learned to the buyer’s satisfac- and/or you plan to subdivide your land so that tion in order for the deal to go through: members will have deeds to their own lots, and 1. The buyer’s ability to secure financing. you need more time to learn whether you can get 2. A property inspection, if called for by the the use permit or the variance or if your pro- buyer, who pays for it. posed plat map will be accepted. Either because 3. A boundary survey, which, if the seller so much money is potentially at stake, or it’s not doesn’t already have, the buyer pays for. certain that you’ll get the use permit or the vari- 4. Determining any easements, liens or unpaid ance, you may decide to take the property off the taxes that exsist, usually taken care of by the market for a longer period so you can research title company or real estate lawyer. these issues by making an offer in the form of an 5. Tests for radon and hazardous wastes, if “option to purchase.” This means you pay a called for by the buyer, who pays for it. negotiated amount of option money for the 6. The status of any mineral leases previously exclusive right to purchase the property at an placed on the land, which the seller must divulge, agreed-upon price during an agreed-upon period as these constitute an encumbrance on the title of time, such as six months to a year or more. (a limitation of rights to use the property). This gives you additional time to conduct your 7. Additional pieces of information or concerns feasibility study. If your group decides the prop- which the buyer must know and be satisfied erty won’t work for your purposes, you forfeit the about in order to buy the property. For exam- option money. If you decide to buy it, or “exercise ple, if you’re subdividing the property into the option,”the option money may or may not be smaller, separate units that members will applied to the purchase price, depending on own individually, one of these write-in con- what you or the seller negotiated. tingencies should be having your subdivision The money you pay to learn whether a prop- map approved by local planning officials. If erty is right for you — the option fee and any this involves having a request for a zoning costs for permits, fees, and professional surveys variance approved, that must be a written or reports — is high risk. If you don’t buy that contingency as well. particular property you won’t recover it. You’ll Assuming all your contingencies are met, the sale need to consider these funds part of the cost of closes. (If contingencies are met but you change conducting a property search and be willing to your minds about buying the property and refuse walk away from the fee if necessary. to close, you may either forfeit the earnest money You, your attorney, or a real estate broker and/or face additional claims for damages.) may draft an option. There are standard printed forms for them too. Offering an Option Let’s say you plan a large community with many members living on a large or otherwise expensive property, and so much money is at stake you’d Two of the most crucial challenges for commu- like a longer time to research it. Or let’s say you’ll nity founders are resolving any zoning issues and need a special use permit or zoning variance to securing financing. We’ll examine these in build what you want on a particular property, Chapters 11 and 12. Chapter 11 Neighbors and Zoning

N 1998, DOZENS OF PEOPLE from around the of maple trees for making maple syrup, lovely Icounty began meeting on the Internet in meadows, and a hill with south-facing slopes, response to Luc Reid’s call for cofounders of an and best of all, a jaw-dropping view. income-sharing community in rural New They had intended to have about 20 group England. After figuring out a way to do the members before they bought property, but at Formal Consensus process online, and meeting this point only eight were willing to commit, so every few months to get to know each other and they forged ahead with a much smaller group, make more significant decisions in person, the spending the next year in the land-purchase group deputized two of their members to find process. property in Vermont. They wanted at least 125 The asking price was $250,000. They raised acres near a town with attractive culture and a $130,000 from their own contributions (in healthy economy. The property needed good $5,000 and $10,000 increments, with one family southern exposure for passive solar buildings, putting in the lion’s share), and knew they’d need accessibility to roads and utilities, possibly to get a bank loan as well, using their combined enough water for micro-hydro power, woods to borrowing power. With the loan and their cash, ramble in, and areas where they could keep live- they would make a down payment, bring in util- stock, do some organic farming, and operate ities, build their community building, buy community businesses. They decided to call mobile homes as temporary housing, and start their community “Meadowdance.” their software testing business, keeping enough cash in reserve to make mortgage payments until How Zoning Issues can Impact Community Plans their business took off. They created a Limited Liability Partnership In 1999, the Meadowdance group found 165 to own the property, and put down a $10,000 acres of raw land with almost everything they option to take it off the market for a year. They wanted, just outside a progressive college town in spent another $10,000 researching the property, Vermont. The property had woods, an old apple getting surveys and various soil, water, and other orchard and plenty of berry bushes, a large stand tests, and acquiring a state septic system permit

114 NEIGHBORS AND ZONING 115 and an Act 250 permit (a Vermont requirement declared his enthusiasm for the project, and that addresses a new development’s potential prominent local citizens stood up to speak in economic, ecological, and social impacts). Their favor of it. next step was to apply for a conditional use per- But another member of the planning commit for a Planned Residential Development mission now raised objections to the building’s (PRD). multiple functions. “To approve the conditional They had also spent some time designing use permit,” Luc says,“she required us to hack up their large three-story community building — our community building into three separate which they considered central to their function- buildings, and accept stringent limitations on ing as an income-sharing community — with what could go on in any given building.” The apartments, office and other business space, group was stunned; these requirements were recreational space, a large kitchen and dining unusual. Traditionally, the planning commission room for community meals, and rooms for learn- could either grant a conditional use permit or ing, the arts, and music. not, but they didn’t actually have jurisdiction And, since Meadowdance wasn’t hiding their about what activities might take place in its plans, when a local newspaper approached them buildings. to do a series of articles, they agreed. They later Over the next few weeks the Meadowdance wished they hadn’t though, since each of the group considered their options. By this time three articles contained serious inaccuracies, and they really liked the location and had fallen in repeatedly referred to the group as a “commune.” love with this particular property. They had At their first public hearing some neighbors conducted an enormous amount of research on didn’t want them to get a conditional use permit, it, invested $20,000 in the option and permitting saying that the group’s large community building process, and figured out how they could swing would negatively impact their view. One of the the purchase and create temporary housing for planning commissioners also objected to the themselves. building’s high profile on the hill. Concerns were It came down to having three choices. First, also expressed about the amount of traffic that they could agree to the restrictions, and chop up their project might generate. So over the next their community building. Not only would this few months group members visited with and cost significantly more, it would disrupt the flow heard the concerns and ideas of as many poten- of social and economic connections and commu- tial neighbors as possible, and shared their vision nity “glue,” which, because they understood the for Meadowdance. They redesigned their com- relationship between architecture and human munity building to have a lower profile and sit interaction, they had painstakingly designed into lower down on the slope, and showed their the building. Second, they could appeal, and redesigned plan to neighbors and the planning would probably win, given that this commission- department, as well as giving specific assurances er offered the only opposition, and she didn’t of their anticipated impact on local traffic. By the have a substantial case. Third, they could just time of the second public hearing they had gar- walk away from the property. nered so much public support that the chairman After much discussion, they decided on the of the planning department commission third option.“We didn’t want to fight the town,” 116 CREATING A LIFE TOGETHER said Luc. While the commissioner was alone in getting a zoning variance, a conditional use per- her objection, the other commissioners weren’t mit, or some other kind of zoning exception. particularly outraged by it, and seemed to accept Density is usually the central zoning chal- her new conditions. It was as if the town, lenge for community founders, since the greater through one if its officials, had said “No.” Even if the number of members they can spread their the founders could win an appeal, they didn’t costs between, the more likely they’ll be able to want to begin their community life on such a afford to buy their property and develop their negative basis. So they walked away, leaving their community. (Communities founded in the investment of money and time, and their heart- 1970s and ’80s didn’t jump through these hoops felt connection to the property. because many more counties had few or no zon- As an interim measure they bought a large ing regulations then. Ma and Pa counterculture house in another Vermont town, moved in, and could just buy an old farm and move in.) kicked off their community businesses there. As mentioned earlier, in the progressive areas (“We later realized how hard it would have been where you’d think it would be easier to buy land to develop the property and start new commu- for a community, it’s often worse. Many city nity businesses,” says Luc.) At this writing, sev- planners in environmentally aware areas such as eral years later, Meadowdance has found and Boulder or Amherst are already advocates of sus- bought an even better property, and are willing tainable development, and would love to see to try again. more clustered development with open space, shared housing, passive solar design, pedestrian Zoning Issues and Your Property pathways, and so on. Appalled by the urban The General Plan and zoning regulations of a sprawl and acres of parking lots, environmental- county or municipality are aimed at regulating ly oriented citizens in such areas often elect offi- new development, and most intentional commu- cials who promise to enact and enforce stringent nities fall into that category. Therefore, the same “no growth” or “slow growth” policies. While regulations designed to limit the excesses of large such policies effectively restrict commercial commercial developers also limit what commu- developers from churning out more housing sub- nity founders can do. Zoning regulations can divisions or strip malls, the same policies also cover building size and impact on the landscape, stop community founders from creating the very as we’ve seen with Meadowdance, but most affect kinds of sustainable developments local planners communities in terms of density and house clus- and officials would most like to see. tering. And while increasing numbers of coun- One practical way to deal with zoning regu- ties and municipalities now allow clustered lations is to do as Dancing Rabbit did and shop development, the total number of houses usual- for counties that have little to no zoning and ly must not exceed density requirements. If a bypass the issue altogether. But, as we’ve seen, core group of 20, for example, wanted to buy 200 this can decrease the likelihood of members’ acres in an area that allowed clustered develop- finding local jobs, setting up the new challenge of ment but was zoned for one house per 40 acres, how members in such a low-population area the group could cluster no more than five hous- might make a living. Another way is to buy prop- es on the property. Building more would require erty that’s already zoned for your planned use NEIGHBORS AND ZONING 117

WHAT IGNORING ZONING CAN COST YOU

In the 1990s a group of seven founders planning a spir- manpower to scour every back road and drive onto itual community I’ll call Ponderosa Village bought 210 every property to enforce zoning and building code acres in the high desert of Colorado. They tried to get compliance. But they’re duty-bound to respond to a approval for higher density than five houses, since their neighbor’s complaint, since the person lodging the particular parcel had enough water for 15 houses. After complaint is most likely a voter and public officials must being refused, the founders considered subdividing respond if they want to be re-elected. If Ponderosa their property into six 35-acre triangular parcels that all Village had gone ahead with their idea they would have met in the center like the slices of a pie, then building been vulnerable to any neighbor over the years blowing a large house on each parcel around the center where the whistle on the secret triplexes in each house. the parcels met. They would use one as a common A well-known story in the communities movement house, and, after the building inspectors went home, concerns Morningstar Ranch, a famous commune they’d remodel five of the houses into triplexes. While north of San Francisco in the 1970s, where a hundred they toyed with this idea for awhile, they didn’t end up or so residents lived in tents, tipis, and tar-paper doing it, since they really didn’t want to break the law. shanties. Their over-the-top density and substandard They eventually disbanded as a forming-community housing worked for awhile, but after a neighbor com- group and subdivided the parcel into six rectangular plained the county gave notice that the buildings must lots which they sold to others. be dismantled and the excessive population must What happens when a property owner violates zon- disperse. When Morningstar Ranch refused, early one ing regulations or building codes? Nothing —unless morning county workers rumbled out to the property their violations are visible from the road, or if a neighbor in bulldozers, and as everyone watched, smashed turns them in. Counties and municipalities don’t have the into rubble every one of their illegal homes. and density. While some cohousing groups and Experienced real estate investors advise buyers urban communities like Mariposa Grove have not to believe anything they read in a General done this, it’s not a likely scenario for your com- Plan or see on a zoning map, but get an official munity if you’re seeking rural or semi-rural land, opinion about a property’s zoning from local since you’re probably planning a higher density planning or elected officials before buying the than such properties are normally zoned for. It’s property. Keep in mind too, that different more than likely your group will be dealing with public officials can interpret their documents non-ideal zoning. Some things to keep in mind: differently, and in all sincerity may tell you completely different things. To protect your- 1. Often the goals and policies of a General Plan selves later, get their opinions in writing. don’t match the current zoning map. Newly 2. You can research the history of a property at enacted zoning regulations may not be dis- the County Courthouse or City Hall to see if tributed, understood, or implemented yet, or it had a previous use permit that allowed local officials may not agree on them. more density than is currently allowed. 118 CREATING A LIFE TOGETHER

Sometimes a prior use carries weight with One of the first things Kenneth Mahaffey current officials. Would it have more density and Dianne Brause did before buying the Lost if it were an educational center? Was permis- Valley property was to research the status of its sion ever given for a subdivision? Was it ever former conditional use permit (called a “special zoned agricultural, and hence now be peruse permit” in their county) to see if it could be mitted additional people if they were agricul- re-established as a nonconforming use. They tural workers? (And would organic gardeners intended Lost Valley to be a community of 20 or qualify as agricultural workers?) so, with hundreds of conference and workshop 3. You can sometimes buy property with an participants yearly. They had learned that in the expired conditional use permit, or one the early 1970s, the previous owners received an county decided to discontinue, and work to extremely liberal conditional use permit for get it reinstated. hosting public events — up to 50 full-time residents and up to 3,000 visitors over a year’s peri- Gambling with Former Use Permits od, as well as permission to build 25 buildings. In the more liberal zoning atmosphere of the While conditional use permits are usually 1970s, the Farallones Institute secured an educa- attached to the property deed and follow from tional use permit allowing up to 50 permanent owner to owner, in this case its was discontinued residents and up to 150 at a time for workshops because the former owners lost title when the and classes. When Sowing Circle/OAEC property was seized by the IRS. The county had founders researched the property local officials certain requirements for use permits to remain said the permit would remain in effect for only valid, including that there should be no gap three more years to give the county time to decide between owners for longer than 12 months, and whether or not the new owners’ use would war- the property’s density had reverted to the county rant continuing the permit. The founders thought standard — one household on a parcel that size, this was a reasonable gamble because they or up to five unrelated adults if they were doing planned on hosting the same kinds of educational reforestation. events the previous owners had, and they bought Kenneth and Dianne learned that everyone the property without knowing the outcome. who had wanted to buy the property before Three years later the officials lowered the density them had failed to secure the continuation of to 26 permanent residents, with up to 50 allowed the conditional use permit. But as an experi- for courses and workshops, but granted the use enced real estate investor, Kenneth knew you permanently as what’s called a “nonconforming could sometimes challenge a county in zoning use.” (A nonconforming use is one the county or matters, and prove that a permit should be rein- city allows as an exception to the rest of the zon- stated. So, even though buying the property ing in an area, because it was established before with no certainty about the use permit was an current zoning use for that area took effect.) enormous gamble, they did it anyway. Sometimes, hiring professionals such as a (Experienced founders do not recommend this, private land-use planner and/or real estate since your group could be stuck with an expen- lawyer can make all the difference in keeping or sive property you can’t use. Kenneth and restoring a use permit that’s in question. Dianne’s back-up plan, in case they didn’t get NEIGHBORS AND ZONING 119 the permit, was for Kenneth to use the property other minor events on the land which could as a family home.) be construed as public events. The two hired as their advocates a private 5. Be as open and public as possible about their land-use planner who’d formerly been employed conference center plans and activities, since, by the county planning department, and a real after all, this demonstrated they were contin- estate lawyer familiar with the property. Neither uing to host events that benefited others and had ever lost a case, and said they weren’t plan- involved guests on the land, just as the previ- ning to lose this one. The advocates said that, ous owners had. probably in three of four months, the county would cite them for having too many people. To This is just what they did, holding large pub- prepare for it, they offered the following advice: lic conferences, workshops, and classes, as well as opening a youth hostel. They always made sure 1. Don’t ask the county directly if they’re aware to collect and pay the county’s required room tax of the expired use permit, but test their on overnight guests. The county accepted their knowledge of it by requesting something tax payments — a tacit implication of approval small and innocuous instead. This they did, the group could use in their documentation. A asking if they could put a mobile home on year after they’d arrived there was wave of local the land, and learned that the county was media coverage of their activities, which also indeed aware of the issue. served to publicly document their use of the 2. Don’t approach the county asking for a non- property for educational and public activities. conforming use, since the burden of proof Finally, two years after the land purchase, the would then be on Lost Valley to demonstrate county contacted them, and nine months later, that the county’s ordinance about the after reviewing Lost Valley’s excellent records of required year of continuous use was invalid. the former caretakers’ public events and their 3. Wait for the county to approach the commu- own public events, the county granted them nity, which meant the county would have the nonconforming use status. Up to 35 families or burden of proof to demonstrate that no sim- 160 people total could live there year-round, ilar-use activities had occurred during the 13 with up to 3,000 total visitors over a year, and months between owners. they could build more buildings. The gamble 4. Lost Valley must gather documents to had paid off. demonstrate to the county that the commu- Seeking a Zoning Exception nity’s intended educational uses of the property would be similar enough to the previous If your group finds property that looks promis- owners’ to match the terms of the former ing but doesn’t allow as much density as you conditional use permit, and that those same want, you’ll need to apply for a zoning variance kinds of uses had occurred on the property in or conditional use permit (depending on the the 13-month period between their owner- terms used in the area). If your community plans ship and the former owners’. Fortunately, the include a retreat center, guest facilities, a healing property’s caretakers had hosted a Greens center, or other type of service facility, you’ll need meeting, a men’s sweat lodge, and several to apply for a conditional use permit, unless the 120 CREATING A LIFE TOGETHER property you’re considering already has one. And 7. A report by the local building department if you’re planning to buy land and subdivide it so about whether the property’s existing build- that members will hold title to their individual ings meet health and safety standards. lots or housing units, you’ll need to comply with the state, county, or city’s subdivision ordinances, As we’ve seen, county officials and neighbors including approval of a plat map for your pro- tend to consider use permit applications more posed development, and assurance that you’ll favorably when the property was previously used build all the required roads, etc. Depending on to serve the public. “It’s becoming increasingly the location, any of these will most likely require difficult to develop a public facility from scratch a year-long process costing $10,000 to $20,000 on property with no public use history or zon- or more in permit fees, tests, surveys, and con- ing,” observes Stephen Brown, cofounder of sultants (and probably far more for a subdivi- Shenoa Retreat and Conference Center in sion), and involve at least one public hearing. California. And you won’t know until the end of the process The specific process of getting approval for whether your application will be approved. Like and subdividing your property is considerably Meadowdance founders, you may want to con- more complex and expensive than simply getting sider funds like this “the cost of doing business,” a zoning variance or a use permit. As such, it’s and be willing to walk away from it if the prop- beyond the scope of this book, but there are erty doesn’t work out. plenty of resources for communities seeking to Depending on the state and the area, apply- subdivide. ing for a conditional use or noncomforming use Your first step in any of these scenarios is to permit, and possibly getting permission to subdi- write up an outline of what you have in mind. vide, can require various tests and permits.These Visit with an official in the planning depart- can include one or more of the following: ment, a planning commissioner, or county super- 1. An archaeological survey to make sure the visor, or if the property is in a municipality, a city building and development sites don’t contain council member, to see whether your proposed artifacts. exception is likely to be accepted. Ask their 2. A traffic study to determine the impact of advice for how you can adjust your proposal to increased traffic on access roads. help meet the goals of the General Plan, and for 3. A test well or wells to find out if there would the names of any other local experts you might be enough water for the proposed project. consult. Meeting as many zoning officials as you 4. A septic and soils survey to discover whether can and seeking their advice far in advance of the property’s soils are compatible with large- your public hearing is, along with meeting the scale septic systems. neighbors, the best thing you can do to influence 5. An Environmental Impact Report to deter- a positive outcome. At the public hearing you mine the effects of the proposed use on won’t be an unknown group out of the blue, but wildlife, wetlands, or forests. one whose interests and goals are familiar to 6. A study to find out whether road width, them, and whose members have already demon- grades, surfacing, and water storage would strated respect for their authority and for the meet fire codes. goals of their General Plan. They might just NEIGHBORS AND ZONING 121 become the best allies your project could have. space, or what it defines as “sustainable develop- (With one exception — if the change you’re ment?” Tell the officials how your community’s seeking would actually change the zoning law planned development will do this, and use their itself, in many states you’re not allowed to meet terms, even their phrasing, from the General with any officials beforehand.) Plan. If your property is in an urban area, can you offer public parking, public open space, Negotiating for What You Want creekside access, or extension of any urban trails You can negotiate with the county to try to get or bike paths? If it’s rural, do you have a wildlife what you want. In 1991, when Sharingwood biologist willing to testify as to how your plan community in Snohomish, Washington decided will protect a wildlife corridor? Can you protect to become a cohousing community, they wanted an endangered wilderness, wetland, or species a narrow pedestrian pathway to connect their habitat, or preserve open space and views, or group of homes and encircle their central com- keep an area permanently devoted to agriculture? mons. The community had legally transformed One legal device which allows you to do this is a their form of private and shared land ownership conservation easement, which is an irrevocable to that of a condominium association, and when use restriction attached to the deed and binding they applied for a building permit to build their on all future owners. Another is a declaration of common house, the county said their new status restriction, a use restriction which does the same required that they couldn’t have a pedestrian but is revocable. (Some counties give property- pathway but must build a regular city street with tax reductions in exchange for conservation ease- plenty of room for parking. Sharingwood mem- ments that help land fit into their General Plan.) bers negotiated, saying it would alter their com- When Sowing Circle/OAEC founders were munity’s safe and friendly atmosphere to have a negotiating to preserve the high density of their wide street circling through it. So to get a nar- property’s educational use permit, they put their rower road they offered the county two conces- two locally famous hillside gardens into an sions — they’d forbid street parking (visitors organic easement, so that they and any future would park in a nearby field), and they’d allow owners must keep the gardens organic forever. speeds no higher than five miles per hour. The (See Chapter 16.) county agreed, and shaved four feet of width off Again, hiring a private land-use planner the road requirement. Now Sharingwood has a and/or real estate lawyer to help, as Lost Valley rather thin asphalt road with three large speed did, can be invaluable. bumps, which is used as a footpath, children’s James Hamilton, cohousing resident and play area, everyone’s basketball court, and very project manager of Stone Curves cohousing in slow-driving car access for members. It’s not a Tucson, advises founders to remind local elected pedestrian pathway, but it’s close. officials that members of an intentional commu- You can also negotiate a variance, condition- nity put so much time, energy, and heart into al use permit, or other kind of zoning exception developing their project that they’re likely to live by considering what you can offer in return, there for many years and invest themselves in the based on the policies and goals of the General neighborhood. This is highly desirable to elected Plan. Does it call for clustered housing, open officials, since, in our highly mobile society, in 122 CREATING A LIFE TOGETHER each election many people who once voted for community for being so secretive and unfriendly, these officials have moved away and the candi- and for trying to slip the public hearing past dates must woo new voters. them unnoticed. The supervisors bowed to public opinion and rejected the use permit. (Valley Zoning Exceptions, Neighbors, and Public Hearings Oaks Sangha later established another center elsewhere.) Because the concerns of neighbors will most A similar fate befell a community I’ll call likely affect how local officials may respond to High Mountain Meadow, whose founders want- your request, you’ll probably need to seek out ed to establish an educational center for spiritu- neighbors, as the Meadowdance group did: lis- al and environmental practices on a former ranch ten to their concerns, and make a good-faith in the Colorado Rockies. They needed their effort to gather all reasonable information to rancher neighbor to approve a request for higher answer their questions, and even modify your density and clustered housing on one part of plans, if possible. their property. Although their relationship was Not all founders have known this. In the delicate — the ranchers were suspicious of envi- early 1990s, a group of meditators in northern ronmentalists, and the founders didn’t like the California wanted to offer meditation retreats to ranchers’ target practice on coyotes and prairie their fellow meditators in the wider area. The dogs — they had reached an agreement. group, which I’ll call Valley Oaks Sangha, Workshop participants would park in town and bought a five-acre rural property and renovated carpool out to the site, drive slowly on the area’s the house to accommodate retreat participants. dirt roads to keep noise and dust to a minimum, They didn’t seek the required conditional use and keep their workshops relatively quiet; the permit for their periodic high-density use ranchers wouldn’t shoot off rifles during work- because they were afraid they might be turned shop weekends. down. So to call the least amount of attention to One summer in their second year of opera- themselves, they interacted as little as possible tion the founders rented their facilities to a with neighbors. Soon they realized they needed group that led workshops on spiritual-emotion- to build more dorm facilities, which required a al healing work that involved a lot of “express and building permit, which in turn required seeking release” yelling and screaming. While the group approval for a conditional use permit and a pub- promised the founders they’d keep the noise of lic hearing. Again, to protect themselves from their workshop to a minimum, they got carried possible objections, community members said away, and soon the howls and yowls of long- nothing to neighbors about their plans and were buried childhood wounds went careening down silent about the upcoming public hearing. At the the mountainside and bouncing off the cliffs. hearing the county supervisors were quite willing Three days of what was effective healing work to grant the conditional use permit and overlook for workshop participants was nothing but past infractions, but not the neighbors, who had unearthly caterwauling to the ranchers. So, while turned out in force. Although they would have the founders’ conditional use application was had little objection to the use permit originally, backed by an inspired vision, an enviable cash- they now vehemently opposed it, resenting the flow, and a committed group of members, at the NEIGHBORS AND ZONING 123 zoning hearing the ranchers squashed it flat. It doesn’t have to be this way. In 1994 when High Mountain Meadow didn’t get their use few people had heard of cohousing, the first permit. (They succeeded with another plan sev- public hearing for a zoning variance was held for eral years later, however. ) Greyrock Commons Cohousing in Fort Collins, In 1993, the four young Phoenix-based Colorado. After the core group described the founders of a community I’ll call Anasazi cohousing concept and presented the group’s Ecovillage were all set to buy 147 acres of piñon proposed site plan, neighbor after neighbor and sagebrush in a remote county with few stood up and expressed fears about increased zoning restrictions and no building codes in the traffic,“big developers” coming in to build hous- Four Corners area. Their property was near es that would block views of the neighborhood’s two towns — a hip tourist destination, and in open meadow, and apprehension about a “snooty the more remote county, an old-time ranching close-gated community” ruining the ambiance of town. The founders mailed out a flyer describ- their friendly family neighborhood. The City ing their plans to friends and acquaintances in Council didn’t grant the zoning variance, but the area, and posted a flyer in each town. scheduled a second public hearing several Although the response was overwhelmingly months later to give the Greyrock Commons positive from the tourist town, one county founders time to meet with neighbors and see if supervisor and several people from the ranching they couldn’t work something out. This they town called a meeting to express their alarm did, making appointments to visit and sending about the project. To them, the flyer’s terms representatives door to door to meet their neigh- “composting toilets” and “constructed wetlands” bors and listen to their concerns, answer their conjured up visions of stench and unsanitary questions, and describe what the founders had conditions that would lower their property val- in mind. By the time of their second public hear- ues. “Ecospiritual” meant the group probably ing, like Meadowdance, they’d won over most worshipped rocks and trees. “Ecovillage” meant the neighbors and the City Council granted the they were damned tree-huggers that would try variance. to shut down the town’s only industry, a plant A year later, after Greyrock Commons had that ground up aspen trees to make swamp become a neighborhood which local officials cooler filters. At the meeting, the county super- proudly showed off to visiting dignitaries, an visor said they could bring the group to its actual “big developer” in Fort Collins made plans knees financially if the county insisted that the to turn a vacant ten-acre parcel adjacent to river- state’s subdivision law applied to the project. front park into a housing subdivision. The This would require the founders to widen their neighbors of the park wanted none of it, and sent access road to standard subdivision width, a delegation to City Hall, saying if a develop- which would cost them between $35,000 and ment was going to come into their neighborhood $500,000. “I know how we can stop ‘em faster,” and block their access to the park and the river, vowed an irate rancher. “And I’ll supply the they’d rather it be that new kind of development kerosene!” Unwilling to deal with this level of “like they have over at Greyrock Commons.” prejudice and misinformation, the founders And that’s just what they got. A new core group abandoned their plan. formed, and River Rock Commons cohousing 124 CREATING A LIFE TOGETHER

was built there instead — maybe the first time YOUR RELATIONSHIP WITH NEIGHBORS ever that folks in mainstream America clamored Even if you don’t need the support of local residents to to have an intentional community move in next change any zoning, you’ll certainly want their support as door. neighbors and potential friends. The greater the contrast If your group needs a zoning variance, condi- between your community culture and theirs — if they’re tional use permit, or other kind of exception to farmers, ranchers, or other politically and religiously con- zoning regulations before you buy your proper- servative country folk — the more important this is. ty,you will also need to meet and listen to your Successful community founders advise giving your future neighbors. Don’t send your group’s most neighbors every opportunity to learn that you’re friendly, serious or businesslike members; send your hardworking, and respectful; that you pay your bills; that warmest and most engaging. Follow Stephen you treat your children well. Ask your neighbors’ advice, Covey’s advice and “Seek first to understand, find out how you can help them, get them to tell you rather than to be understood.”First ask what the about their farm or ranch operation and about local histo- neighbors might want for the field next door ry. Join local civic endeavors — the Volunteer Fire before you lay your community rap on them. Department, the Women’s Auxiliary of the VFD, the 4-H Don’t bombard them with information or scare club, community theater groups, friends of the library, the them off with environmental or sustainability local hospice. Offer to feed and water their livestock and jargon. Use the word “community”sparingly if at pets when they go on vacation. When they’re planning a all, and avoid altogether terms such as “inten- construction project, go over there with carpentry tools. tional community,” “spiritual,” “sustainable,” When they’re going to pour concrete, show up with shov- “ecospiritual,” or “ecovillage.” It may be far better els. Don’t preach to them about organic food or a vegetar- to simply say you’re a group of families and indi- ian diet or what’s wrong with the government. When they viduals who want to make life easier and more preach to you, listen graciously. If there’s a fire or other enjoyable by sharing some resources and creat- local disaster, they’ll be the best friends you have on Earth. ing a friendly, wholesome neighborhood where In 1971, when the founders of The Farm community everyone knows and helps one another, and near Summertown, Tennessee arrived in a bus caravan from where children and elders are safe again, like in San Francisco, their distinctive hippie appearance triggered your grandfather’s day. If you’re environmentally alarm and hostility in local residents. So the newcomers oriented and have sustainability goals (depend- behaved as respectfully and responsibly as possible with ing on what you’re planning), you could say you neighbors and townspeople, and made sure their checks plan to heat your homes partly by the sun’s heat, were sound and they paid debts promptly. Although com- or save money by generating your own power munity members didn’t smoke tobacco or eat beef, they instead of paying a big company for it, or grow helped neighbors bring in a tobacco harvest, and donated your own vegetables like your grandmother did. pulp from their soy dairy to help livestock-raising neighbors How could any old-time rancher, conservative get through a rough winter. After a few years Farm members executive, or Fundamentalist believer object to had earned such a good reputation in the area that rumor that? (But if your group is also into vegan diets, had it you could cash a check anywhere in those parts if raw foods, meditation, emotional healing, you just wore tie-dye and had long hair. shared parenting, cross-breast feeding, shared love partners, or channeling archangels, aliens, NEIGHBORS AND ZONING 125 or entities from the Causal Plane — please keep When it’s time for your public hearing, be it to yourself!) prepared for the fact that, as in Meadowdance’s Keep in mind that any local media coverage case, some of the deciding officials can be inex- could be a double-edged sword. A sympathetic plicably for or against a project, or officials who reporter with similar visions and values can help formerly offered support can suddenly change your case; but if the reporter (or the editor) is their minds for no reason you can fathom. Even suspicious, ill-informed, or simply prejudiced if you’ve done everything you could to stack the against “communes,” an article with snide com- deck in your favor — meeting officials and parisons or inaccurate information can negative- neighbors beforehand, getting opinions in writ- ly influence local citizens, future neighbors, ing, and hiring a land-use planner — you could and/or the elected officials who’ll consider your still be turned down. If this happens, remember request for a zoning exception. To benefit from that, like Meadowdance, Valley Oaks Sangha, any potential media coverage and mitigate and High Mountain Meadow, a community can against the effects of a potential negative spin, still follow their dream if the first property they prepare a press release describing what you hope wanted to buy, or the first zoning exception they to do and hand it to any reporter who seeks you tried for, didn’t work out. out. Keep it short and use your Vision Statement in the first paragraph. Don’t write a self-congratulatory PR puff piece, but a matter- of-fact article in classic newspaper style. (If you In Chapter 12 we’ll look at the many ways you don’t have a group member who knows how to can finance your community property. write newspaper style, hire someone who can do this for you — it’s money well spent. ) Chapter 12 Financing Your Property (Loans You Can Live With)

HEN BUYING PROPERTY for a communi- sonal loans, owner-financing, and bank financing Wty, it’s clearly more advantageous not to apply to communities in which the property is borrow money at all but to pay cash, owe noth- not subdivided and members will not have title ing, and be done with it, as Hank Obermeyer to individual lots or housing units. did with Mariposa Grove. (A good resource for financing and develop- The major disadvantages of borrowing ing community property in which members will money to buy property are risking its loss if you hold individual title is Chris Hanson’s The can’t make the payments, and the cost of interest. Cohousing Handbook. We’ll touch on this briefly Interest is like rent. If you rent an apartment in “Drawing on the Cohousing Model” later in you’re actually “borrowing” its use from the land- this chapter.) lord. If you rent it for $1,000 a month, after a About “Renting Money” — What You year you’ve paid $12,000. If you live there 10 Should Know years, you’ve paid $120,000. If you borrow money you’re “renting” its use for some period of The combined borrowing power of your group time, and the interest payments are the rent. means you can theoretically borrow money to Depending on the interest rate and the length of buy your property as well as for a contingency payback time, you’ll pay considerably more than fund for making payments, development (which the purchase price when you include the interest. can include repairs, renovations, and new con- You can figure this out in advance by looking up struction), and land development. (Some banks tables of principal amounts, interest rates, and may discount your borrowing power, reducing it payback times in an amortization loan schedule by 10 to 20 percent, because of the inconvenience book, available at office supply stores. of dealing with the net worth statements and But since few forming-community groups credit reports of a whole group.) can afford to buy community property with Banks and most owner-financers will want donations of cash from personal assets, borrow all group members to sign the loan repayment we must. In this chapter we’ll look at how per- guarantee, along with anyone else willing to

126 FINANCING YOUR PROPERTY (LOANS YOU CAN LIVE WITH) 127 co-sign, such as family members and friends. 3. Get the property appraised ahead of time. While many people co-signing the loan helps The amount you offer on the property will be your group increase its borrowing power, it’s a based on its current market value, your double-edged sword. If for some reason you can’t assessment of the needs and circumstances of make the payments for a few months, banks (and the seller, and how much you estimate you’ll most owner-financers) will repossess your prop- need to spend on any repairs, renovations, or erty and sell it to get their money back. If they further development. Hire a local appraiser can’t sell the property at a high enough price to to get the current market value of the proper- repay their loan, they’ll go after the assets of ty before you make an offer on it (unless everyone who’s co-signed the loan to recover the you’re already convinced of its value), and loss. It won’t matter if you’ve paid 90 or 95 per- before applying for a loan. You’ll want to cent of the loan before missing a few payments. know what a reasonable purchase offer Banks (and some owner-financers) will still would be, given the current market values in repossess your property; in fact, it’s more lucra- the area, and knowing that will give you a tive for banks to repossess your property when better idea of what an owner-financer or it’s almost paid off. bank would consider a reasonable amount to loan you. Bob Watzke suggests that if there’s Here are some tips for borrowing money. a chance you’ll seek a bank loan, use the appraiser your bank usually works with. Ask 1. Know your group’s borrowing power ahead them who they use; they’ll tell you. of time. As discussed earlier, you should have Since the bank will arrange an appraiser figured out your group’s potential borrowing anyway, why pay again for the same service? power before you began the land search. This In order to get the highest loan amount (since will help you determine whether your banks will make a loan based on a percentage desired property is within the means of your of the property’s value), you’ll want the prop- borrowing power. erty appraised at the upper limits of its cur- 2. Know each other’s credit rating ahead of rent market value.You have the best chance of time. You’ll need to know about each other this if you know local market values, get your as credit risks. Ideally, you got credit reports appraisal ahead of time, and pay the apprais- for group members intending to be co-signer yourself. Also, if you already have an ers on a loan before looking for land. Look at appraisal, instead of charging you a second the reports as a group and learn whether any- appraisal fee, the bank may charge you no one has bad credit. If so, arrange for that per- more than a minimal “recertification fee” — son to re-establish or improve their credit 10 to 20 percent of the original appraisal fee. before you seek a bank loan. If that’s not pos- “Imagine how confirming it could be to sible, don’t have that person co-sign the loan. the bank when they see that your appraisal Perhaps he or she could contribute to the supports your requested loan,” says Bob,“and group’s cash needs by arranging a small pri- the signature on the bottom is one of it own vate unsecured loan, which that member appraisers.” The bank will then have market- pays off personally. ing data and an appraisal of your intended 128 CREATING A LIFE TOGETHER

property that represents and supports the RAISING MONEY FOR DEVELOPMENT amount of your loan request. The amount of money you’ll need to renovate or develop 4. Don’t get loans with penalties for early your property will depend on whether you’re buying raw repayment, if at all possible. land, developed property, or a fully-developed turn-key 5. Seek only fixed-rate loans. Bob advises get- property, and whether you’ll do simple repairs, minor to ting 15 to 30-year, fully amortized mortgages major remodeling, or begin at square one with roads, with fixed interest rates, and fixed mortgage utilities, and buildings. It will also depend on how many payments. If a land purchase deal is so attrac- members you have, how much money you can raise, and tive that you’ve got to accept a variable rate how long you’re willing to wait for your community to mortgage, then do it — but refinance the function as you’ve envisioned. loan as soon as possible to a fixed rate and Lost Valley raised $100,000 to buy their turn-key fixed term mortgage. property and another $100,000 to repair and renovate it. 6. Negotiate for no payments or interest-only Sowing Circle/OAEC raised $150,000 for the down pay- payments for the first few years. If you’re ment on their turn-key property and $55,000 for repairs founding your community with fewer people and new construction. than you ultimately plan to have, then you Hank Obermeyer paid $485,000 for the Mariposa won’t have as much money for monthly or Grove property, and by the time repairs and renovation quarterly payments as you will later, when are complete, will have spent at least $200,000 more. more people have joined you. If at all possible Buying raw land is quite different. Dancing Rabbit do as Lost Valley, Dancing Rabbit, and raised $190,000 for their land and $35,000 for their con- Sowing Circle/OAEC did, and negotiate for tingency fee and first expenses of physical infrastructure. no payments or interest-only payments for Earthaven raised $128,000 as a down payment for their the first three to five years. raw land, and an initial $22,000 for their first develop- 7. Establish a contingency fund. Bob Watzke ment expenses. Again, the cohousing model is a bit dif- and other real estate investors strongly advise ferent; cohousers who buy raw land develop it all at that you create a contingency fund for times once and then move in. when you can’t make your land payment At both Lost Valley and Sowing Circle/OAEC, once through your normal means. “The last time the founders had spent their initial development fund, in the world that you want to seek money they were able to live on their property and begin their from a lender is when you need it — espe- educational center businesses. And while additional cially when you’re behind in your payments,” income over the years has been spent on further renova- Bob says. “From your preliminary market tion and new construction, most of it was completed research, find out how much you are likely to early on. Mariposa Grove’s renovation will be finished need before you start looking for property. three years after purchase. At Dancing Rabbit and Establish a purchase plan and a budget that Earthaven, income from new members adds to the provides enough money to buy the property, development process which will take many years to and enough money to operate with, plus a complete. contingency reserve; say, six to 12 months’ cash reserves to cover both fixed and variable operating expenses for that period.” FINANCING YOUR PROPERTY (LOANS YOU CAN LIVE WITH) 129

Private Financing • What is the interest rate and terms of repayment? Will payments be monthly or Lost Valley, Dancing Rabbit, and Mariposa quarterly? Is the interest to accrue and Grove founders used their own funds or private become due along with the principal? Is loans and paid the sellers cash to buy their prop- the interest simple or compounded? erties. Kenneth Mahaffey of Lost Valley and Hank Obermeyer of Mariposa Grove paid the • Will the money be secured by real estate whole purchase price from personal assets. or a promissory note with a personal Dancing Rabbit’s founders raised two personal guarantee from your group? Will you loans from within their own membership, one place a lien on the deed? If the loan is from a founders’ family, and another from col- secured by real property or other assets, is leagues in the communities movement. there sufficient equity to guarantee the Earthaven’s founders raised money mostly from loan? within their membership to pay off their owner- • If the note is unsecured, how will your financers and hold their own internal mortgage. group repay the loan if the community (For information on creating your own “shoe isn’t successfully created as planned? box” bank, as Earthaven did, see E.F. • Have you notarized the loan and/or Schumacher Society in Resources.) recorded it with the county? The obvious advantage of borrowing from • If there’s more than one lender, how have founders, family, and friends instead of banks or you arranged that each lender be repaid owner-financers is that no money is owed to out- — proportionally, or first one, then siders. If the new community has a financial short- another? fall and can’t make payments for a few months or a year or so, there is far less danger of foreclosure. Here’s where your real estate attorney can Presumably founders, family, or friends who serve you again. Dancing Rabbit’s founders loaned the money would be willing to wait much wanted to make sure that each of their three pri- longer before it became necessary to ask for repay- vate loans were in fact mortgages, so the lawyer ment or force the sale of the property. not only recorded the loans with the county, but When approaching community founders, created the wording in the promissory notes and friends, and family members for a loan, offer placed liens on the deed showing that the loans them what private lenders usually need to see — were secured with 9/19ths, 5/19ths, and a clearly written, well-presented explanation of 5/19ths respectively of any proceeds of the sale your community’s vision and goals, a strategic of the property if the community were to dis- plan for how you’ll accomplish those goals and band. your intended timeline, and how you’ll manage and care for your property. Create an agreement, When One Member Buys the Property such as a promissory note, that covers all the Sometimes the best way — or even the only way standard aspects of a loan. — for a group to acquire property is for one or • What is the amount of the loan? two members who can afford to do so to just up • What is the length of the loan? and buy it. Every community profiled in this 130 CREATING A LIFE TOGETHER book that paid cash for their property did so who’d risked nothing. The sole property owner because one or two founders had the money.The would also be liable for any lawsuits or damages clear advantage here is that the person with and financially responsible for maintenance, means secures the property immediately, freeing taxes, and insurance, with no legal recourse to the group from spending months trying to raise induce others to pay a share of these expenses if the money while another buyer with ready cash there were a dispute. snatches it off the market. The founder buying If a forming community finds a desirable the land functions like a bank, financing the property and one or two of them could buy it, property for the group at a presumably reason- the group could bypass these problems with a able rate of interest and being reimbursed over Triple Net Lease (also called a Net Lease). This time until the loan is paid back. is a device that spells out the rights and respon- This is what Kenneth Mahaffey and Lost sibilities of landlord and tenant in commercial Valley did, with members reimbursing his space rentals. However, it can also be used to $100,000 purchase loan and $100,000 develop- protect a sole property owner from undue ment loan over the years through income from financial or legal burdens and spread the the conference center business, and later by refi- responsibilities of property ownership fairly nancing the property. And Hank Obermeyer throughout the group. A community can use a will be reimbursed all but his own ownership Triple Net Lease as a legally binding document share when the Mariposa Grove property is refi- between the person who buys the property (the nanced as a limited equity housing co-op. Lessor) and all the other community members Dancing Rabbit is paying off its founder, family, (the Lessees). It can declare, for example, that and friend lenders quarterly, through rents col- certain named community members (including lected by the increasing numbers of members liv- but not limited to the property owner) have cer- ing on the land. tain property use rights and restrictions, and are equally responsible for paying the cost of Protecting Your Sole Owner with a Triple Net Lease maintenance, utilities, taxes, and insurance. It can indemnify the property owner from sole Many founders who could afford to buy the responsibility for these as well as from any property for their forming community group other legal or financial liabilities (although the hesitate to do so because they’re wary of the legal entity through which the group buys the potential problems inherent in sole ownership. property should offer liability protection as For example, if the founder buying the property well). A Triple Net Lease can include clauses were to make all decisions affecting its property that cover any kinds of rights and responsibili- value (since he or she took a personal financial ties unique to intentional communities but not risk), other members would resent the power found in commercial property landlord/tenant imbalance — a sure set-up for structural con- issues, and stipulate any default scenarios or flict. On the other hand, if decisions affecting remedies in the event anyone violates the terms property value were made by the whole group, of the lease. A lawyer familiar with both com- the founder who bought it could resent it since mercial real estate law and a group’s values and his or her equity could be diminished by people goals can check over its proposed Triple Net FINANCING YOUR PROPERTY (LOANS YOU CAN LIVE WITH) 131

Lease document to make sure it thoroughly seeking financing from a bank and get an protects the property owner as well as all com- appraisal of the property before you make an munity members. offer. (In which case, unlike when seeking a loan, you’ll want an appraisal at the lower end of the Owner Financing value range for the property’s current market In owner-financing, the seller is willing to forego value.) Owner-financers will probably want to receiving the entire sale price at once, and instead see each of your group member’s net worth state- will receive a down payment and earn interest on ments and credit reports just as a bank would. the balance due. Normally the seller will want 25 If you’re buying developed property and plan to 30 percent down, monthly payments, and to improve it anyway, you might do as Sowing interest at a negotiated rate. The terms could be Circle/OAEC’s founders did and negotiate for a equal to, or greater than what a bank would lower down payment or better terms in exchange charge. Rural properties are commonly financed for a contract promising to do certain repairs and this way. improvements on the buildings and infrastruc- But owner-financing can differ as widely as ture within a certain period of purchase, backed the circumstances of the sellers themselves. For up with a business plan showing how much example, Sowing Circle/OAEC had a reason- money you’d use for that purpose and where able down payment of 17.5 percent of the pur- you’d get it. This assures the owner-financers chase price and generous terms (although, if you that the property value will increase with your recall, the owner-financer demanded triple the ownership and lowers their risk, since if your down payment five days before closing). group defaults on payments they would proba- Earthaven’s founders paid 32.5 percent of the bly repossess a property with a higher market purchase price and had to deal with unusually value than it had before. difficult owner-financing terms. If you’re bidding on developed property and In contrast, the founders of Abundant you suspect your offer may be less than other Dawn had a far more straightforward owner- bidders, you can use the same principle. Remind financing arrangement. In 1996 they found 90 the owners that it’s not just money they’ll need, acres of fields and woods in a rural county in but many people on site most of the time to southwestern Virginia for $130,000. The prop- maintain and protect the property, which is erty was in a U-shaped bend of a river, with gen- something your group uniquely can offer. tly rolling wooded hills and meadows, a road, an Your real estate attorney should see all docu- old farmhouse, a cabin, and an open-sided barn. ments relevant to the property to make sure any The owner was willing to take $13,000 or 10 note to the previous owners has been paid off, percent down, and owner-finance a 15-year and that the seller has the right to sell the prop- mortgage at 8.3 percent interest. Abundant erty without paying the note off first. You’ll need Dawn’s seven founders each contributed slightly a boundary survey, title search, and title insur- more than $1,800 apiece for the $13,000 down ance. Don’t skip these in an attempt to save payment. money. The owner could have made an honest If your group plans to seek owner-financing, mistake, and you’d have to live with it for the rest take the same steps you would as if you were of your community life. 132 CREATING A LIFE TOGETHER

NO FUNDS? HOW ONE COMMUNITY DID IT

Let’s say your group has few assets and little to no bor- by buying food and household items in bulk, and by rowing power. You can still do it. Community activist splitting rent and other living expenses. They quickly Rob Sandelin heard the following story from a com- discovered that they really only needed three to four munity founder he met at a shared campsite. cars between them, so they sold their extra four cars In the early 1980s this man and his friends and put that money into the account as well. While dreamed of creating a community in rural Oregon, but they learned many lessons about how to live together none of them had any money. They all had jobs of one as a community, they managed to put away a little kind or another, but each household was only meeting over $2000 a month. To their surprise and delight, in its expenses, not saving anything, and the group two years they had accumulated $50,000. couldn’t imagine coming up with enough money to However, by that time their vision had changed, buy land and start a community from scratch. and they decided they liked living in their small town. Then they had a very simple idea: Why not all So they formed a legal entity and bought a large move in together, and use the amount they’ll save by home. They remodeled it to fit their needs and turned sharing expenses as a starting stake? They drew up a the yard into a large organic garden with chickens and simple financial agreement saying they’d put the two milking goats. money they saved every month by sharing rent, food, The amount they owed on the house was low utilities and other household expenses into a savings enough that after seven years they were able to pay off account. Although each household could withdraw the mortgage. Their friends all thought they had a great their share of the money if they decided to leave, in thing going, so when one of the families moved out, time, their accumulated savings would be their stake two others bought in as new members. The commu- to buy property in the country. nity continued sharing resources and saving money They found a large rental house in their small and bought an RV and a boat, and even took vacations Oregon town, remodeled the garage as a kids’ dorm together. and play area, and took the plunge — eight adults and Not a bad life for folks who started off with nothing! four children all moved in together. They saved money

Bank Financing friendly to the community, banks will repossess Bank financing (meaning both banks and other the property if the group can’t make payments for commercial lenders), is probably the last choice of a few months. Some founders, like Earthaven’s, most forming community groups, for two rea- also didn’t want bank financing because they sons. The development plans of most communi- intended to demonstrate workable alternatives to ties don’t meet most banks’ criteria for loans. conventional development, including a sustain- Further, if your property will be owned as a non- able, home-grown financing method. profit, keep in mind that most banks prefer to Banks don’t often want to loan to intentional loan to for-profit legal entities such as corpora- community groups, as they’re wary of financing tions or LLCs. And, unlike private lenders non-standard or alternative development. Banks FINANCING YOUR PROPERTY (LOANS YOU CAN LIVE WITH) 133 evaluate a loan application with the possibility Unfortunately there’s still another difficulty that they may have to repossess the property to in seeking a bank loan. As the economy began get their loan money back, so they want proper- declining in the late 1990s, many banks began ty that’s attractive to the average home buyer and having less money available for loans. This thus simple and easy to resell. This doesn’t usu- means that they increasingly depend on selling ally include projects with several houses on one their loans to the secondary loan market — unsubdivided property, natural building tech- large-scale “bankers’ banks” that buy whole niques, off-grid energy, composting toilets, and groups of loans in bulk from local banks in order so on. The more sustainable, natural, and envi- to free up money to loan out again. (One of the ronmentally sustainable your planned develop- most well known is the Federal National ment, the less likely a bank will be interested in Mortgage Association (FNMA), or it. An increasing number of banks are financing FannieMae.) This way, local banks grant loans, cohousing communities, however, which offer keep them a short while, sell them to the second- subdivided properties with individual housing ary loan market, and get their money back to units, and as such are considerably more mar- loan again. Unlike previously, many banks are ketable as possible resales. To get bank financing increasingly holding only short-term loans in therefore, most cohousing founders have created their portfolios — those they can sell to the sec- standard housing units with conventional con- ondary loan market — and hold fewer and fewer struction and utilities. long-term loans. Meadowdance founders, however, were willing This results in two problems for community to get a bank loan for their intended property in groups seeking loans. First, banks are reluctant Vermont. If private loans or owner-financing aren’t to grant loans FNMA won’t buy from them, an option, your group may want to do this too. such as small loans or loans for nonstandard Most people buying property allow the properties, because it means it becomes a long- bank to determine the value of the property as term loan; they have to hold the loan in their well as the amount of the loan. This is less than own portfolio until maturity (like a retail busi- ideal because you have little to no control over ness having too much capital tied up in invento- the process. But Bob Watzke and other experi- ry instead of cash). It’s likely that the kind of enced real estate investors strongly recommend property a community will buy, and its plans for you learn as much as possible about the prac- development, would require a loan that’s too tices of local banks ahead of time. Approach odd for the secondary loan market, and thus not them as fellow business people who already a profitable enough loan for the local bank to know the current market value of your desired grant. (By the way,if you think it’s possible you’ll property and the amount you want to borrow, seek a bank loan when you create your legal and compare. “Here’s the current market value entity, don’t state in your bylaws or other docu- of the property we want to buy; here’s the ments that your decision-making method is amount we want to borrow; here’s documenta- consensus. FNMA doesn’t accept consensus as tion on exactly how we’ll spend the loan; here’s a reasonable decision-making process, although financial and credit information on each of us. they do accept super-majority voting of 66 or 75 Can we do business?” percent.) 134 CREATING A LIFE TOGETHER

The second problem is that while banks used whether the bank is making loans on the to tell a customer fairly soon that they’d type of property you’re interested in. Narrow approved a requested loan, increasingly they can it down to those banks making this kind of only give preliminary approval while they wait loan, and ask them about their loan rate and for final approval from FNMA or another bank lending practices so you’ll know the terms, in the secondary loan market. The wait can be policies, and procedures of each bank in weeks or even months, although this varies in advance. You’ll especially want to know their different areas of the country. It’s possible that a preferred ratio of loan to property value. community group can put an offer on property, Request a copy of the annual report of these seek a bank loan, get preliminary approval, and banks and view the profit and loss state- find out the morning of the closing that the ments of the last year and the current year- loan’s not approved, with enormous negative to-date. Do they hold any long-term loans consequences to both buyer and seller. This has (that is, those unlikely to be resold to the happened to several people I know, and it hap- secondary loan market)? If so that’s good, pened to me. If your group plans to seek a bank since your requested loan may fall into this loan, make sure you get final approval of the loan category. Examine the size and assets of each — in writing — before making any plans to bank and learn who their directors and oper- pack, move, quit your jobs, or otherwise change ating officers are. With this information, your lives. choose the bank or banks you’d most like to But let’s assume a bank loan is your only approach. option. Besides the basics — that you know your 3. Determine the amount you want to borrow group’s borrowing power, each other’s credit rat- and write up your own loan application. ings, and the appraised value of the property — The amount you’ll request will be based on: here are additional steps Bob Watzke recom- • the appraised property value mends. • the bank’s preferred loan-to-value ratio • how much cash your group has and its 1. Make sure your legal documents support likely borrowing power getting a bank loan. Banks will want to see corporate Bylaws, an LLC’s operating agree- • how much you’ll want to spend on a ments, or other documents of your commu- down payment nity’s land-owning legal entity. They’ll also • how much you’ll need for repairs and want to examine documents relating to the remodeling or development and new con- property for details about property insur- struction ance, permission for zoning variances, • how much you’ve chosen to set aside as a approval of any plat maps for subdividing, contingency fund. and to make sure nothing would devalue your property or make it hard to later resell. Bob Watzke recommends creating a one- 2. Research local banks. Call a loan officer at page loan application document which describes each bank, and without specifically identify- to the bank the amount you want to borrow and ing the property or yourselves, find out the terms you want. He recommends using the FINANCING YOUR PROPERTY (LOANS YOU CAN LIVE WITH) 135 name and street address or the rural route box of 4. Create a document showing, in detail, how one of your founders, rather than a post office you plan to use the loan funds. If you’re box, and not using your community name. Keep seeking funds in excess of the amount used to it brief, using the terms in the sample loan purchase the land, to do repairs or create request, below: Borrowers, Guarantors, Purpose improvements, describe the repairs, renova- of Loan, Loan Security, Length of Loan, and tions, and new construction, the expected Means of Payback. costs for each, and your timetable for doing them, as Sowing Circle/OAEC did. You might want to identify the contractors you SAMPLE LOAN REQUEST plan to use. 5. Collect resumes, net worth statements, and Loan Request — $200,000 credit reports for each person co-signing May 25, 2004 the loan. The resumes should be brief and concise, describing each member’s back- John Smith ground and accomplishments. Don’t include 1563 Northwest Skipper Lane, your community’s vision documents or Nathansville, ME description of purpose or goals, which could distract, annoy, or turn off the bankers. Tell BORROWERS: John Smith, Jane Smith, Susan them only what they want to know and no Jones, Cindy Brown, Ned Brown more, focusing on your individual strengths GUARANTORS: John Smith, Jane Smith, Susan and your ability to pay back the loan. Jones, Cindy Brown, Ned Brown Use the bank’s own form for your indi- PURPOSE OF LOAN: To buy property for our vidual net worth statements. neighborhood Find out which credit agency or agen- LOAN SECURITY: Property at 3563 Ancient Forest cies your chosen bank (or banks) use, and Way, Old Town, ME from each of these credit agencies get a LENGTH OF LOAN: 30 years copy of the credit records of each person INTEREST RATE: 9% who’ll co-sign on the loan, as well as for the MEANS OF PAYBACK: Monthly payments of legal entity of your group. Why provide $1,609.00 banks with credit information they’ll procure on their own? It will help you to know The appraisal of your intended property what credit agencies are going to say about should be at least equal to, and preferably greater you before the bank knows, which enables than, your intended purchase price. Therefore you to correct any discrepancies — since the ratio of your loan request to the appraised studies show that 20 percent or more of value should be better than what the bank nor- credit agencies’ information about people mally requires, thereby adding to their margin of can be false. safety. This could make a substantial difference 6. Meet with the bank’s executive vice presi- in the bank’s giving final approval to your dent. Bob Watzke advises that you dress the request. way the way the loan officers in the bank 136 CREATING A LIFE TOGETHER

dress, and ask to speak only with the executive • Brief resumes, net worth statements, and vice president (or to the president in the credit reports for everyone who’ll co-sign absence of the executive vice president). If on the loan. the executive vice president is busy, wait or come back. If a secretary wants to shunt you 7. Negotiate simultaneously with more than off to one of the bank’s loan officers instead, one bank. Some banks dislike this, feeling insist in a nice way on making an appoint- they are being “shopped,” and they are. ment with the executive vice president, say- Nevertheless, you are taking a position of ing it’s about a business loan. power. A bank will know you’re talking to What’s the significance of the executive other banks because they’ll order credit vice president? This is the person who runs records of each co-signer (even though you’ve the place, Bob says, and if he or she likes given them copies), and they’ll see in these your group, you’re in. (Remember to avoid records that other banks have recently sought terms such as “intentional community” and credit information also. You might avoid this “ecovillage.”) The executive vice president by applying to all banks on the same day and can usually poll the bank’s loan committee or providing all the documentation that each board of directors by phone. Besides, the bank needs. authorized loan-commitment limits for the executive vice president or the president are If you believe that these steps may be overly almost always greater (if not unlimited) than assertive, Bob Watzke points out that the your those of other loan officers. And finally, if bank will most likely require that everyone in the executive vice president doesn’t want to your group, and perhaps even your family mem- give you a loan, other loan officers aren’t bers and/or officers of the companies any of you going to get it approved either. work for also become co-signers and guarantee When you meet with the executive vice the loan. This means if you were unable to con- president give him or her: tinue making payments for some reason and the bank couldn’t recover its loan by selling your • Your one-page loan application docu- property,it could go after each community mem- ment ber’s other assets, or those of anyone else co-sign- • The appraisal for your intended property ing the loan. If you’re risking this much to buy and other comparables and marketing your property, you might as well tailor the loan data that supports the appraisal to your specific needs and requirements. “Move • Documentation on how you’ll repair or as assertively as you feel comfortable without renovate the place (estimated costs, being overbearing,” advises Bob. timetable, etc.), if applicable Drawing on the Cohousing Model • Documents for your legal entity • Any approvals or permits from the coun- Unlike the founders of most non-cohousing ty or municipality about zoning vari- communities, cohousers sell housing units on ances, use permits, or subdivision the open market and build all their infrastructure and housing at once. Some cohousing FINANCING YOUR PROPERTY (LOANS YOU CAN LIVE WITH) 137 groups have developed their communities them- more money, or from cohousing lenders. The selves, or one or more members of their core developer usually also contributes funds, manage- group has served as their developer. But an ment, and overhead, and will be reimbursed later. increasing number of cohousing core groups These up-front funds are used for what have partnered with professional real estate Wonderland Hill calls the feasibility phase and developers, and such partnerships are often quite pre-construction phase of their process. successful in acquiring, financing, and develop- In the feasibility phase, the group creates site ing their property. In exchange for a percentage criteria, a preliminary budget, and a legal entity of profit (usually relatively small, compared to for buying the land (usually an LLC). Group the profit margins developers are used to), the members each get pre-qualified for mortgages on developer supplies expertise, an entrepreneurial their individual housing units. The group choos- “sixth sense,” some of the up-front money, an es a likely property, puts a 60- to 120-day option intimate knowledge of the local real estate mar- on it, and arranges a feasibility study to deter- ket, and established working relationships with mine whether this parcel of land will work for local planning officials and lenders, architects, them. They pay for legal fees, promotional engineers, and building contractors. Group expenses, land-search costs, and the option fee. members are actively involved in the design In the pre-construction phase, they conduct process and in marketing the project. the feasibility study, pay for any tests, surveys, If your group plans for members to hold title permits, and fees, and get any necessary zoning to individual lots or housing units (whether you changes. If they decide to buy the property, they plan to sell them on the open market or only to usually pay a certain amount down and arrange your own members), you might benefit from with the seller to pay the balance when they adapting some of these cohousing methods or secure a construction loan, which can be up to a working with a cohousing developer. (See year later. Some sellers are willing to owner- Resources.) finance this pre-construction phase. (If a seller Here is a brief overview of one version of this requires all cash, the group usually doesn’t pursue model, based on how groups have worked with the property, but keeps looking until they find Wonderland Hill Development Company in one whose seller could work with these terms.) Boulder. The groups use three sources of financ- The group hires architects and engineers to ing: funds raised by themselves and the developer, design the site plan and buildings specifically for the construction loan, and individual mortgages. this property, tests the market to see if the housing units will sell at the projected prices per the 1. Funds raised by the group and the developer. current budget (and adjusts the prices and/or the Before the project breaks ground, the group rais- budget accordingly); and advertises and promotes es at least ten percent, and sometimes consider- the project in order to attract additional group ably more, of the total cost of the finished project members and continue raising money. from assessments to themselves (with new people joining and contributing money at all stages of the 2. The construction loan. This loan pays off the process), sometimes supplemented by short-term seller and funds the “hard” development costs — loans from members of the group who might have grading the site, hooking up utilities, and build- 138 CREATING A LIFE TOGETHER

ing roads and parking lots — as well as all con- 3. Individual Mortgages. These are usually stan- struction costs for the common house and indi- dard 30-year mortgages at current interest rates, vidual housing units. set into motion when construction is complete. A construction loan is granted only after the Money from the individual mortgages pays off group has acquired property and met all legal any private loans from individual group mem- requirements to develop it, has produced profes- bers or cohousing funding organizations, the sionally-designed site and building plans, and developer’s contribution (plus profit), and the has had everyone in the group pre-qualified for a construction loan. Money credited towards mortgage. To get a construction loan the group everyone’s mortgages immediately pays off any approaches local banks with their developer private loans for the up-front costs and any partner.“Banks are much more likely to give con- money contributed by that developer plus a cer- struction loans if a well-known local developer is tain amount of profit. Each individual member leading the charge,” notes cohousing consultant household now owes the bank the balance of the Zev Paiss. sale price of their own housing unit, which they

IS COHOUSING CHANGING THE WAY WE FORM COMMUNITY?

As of this writing, cohousing is not cheap. As of As of 2000, there was one Christian cohousing 2002, buy-in fees for studios to two-bedroom units community in North America, at least two with straw- and a share in the common infrastructure can range, bale houses and off-grid power, and in the forming depending on property values in the area, from the stages, a vegan cohousing group, a Jewish cohous- low $100,000s to the high $200,000s. Three-and ing group, and a group exploring self-financed, four-bedroom units and detached homes with exceptionally affordable buy-in costs. I believe that shared common infrastructure are often in the increasing numbers of forming communities with $300,000 to $400,000-plus range. And yet, while specific shared lifestyles or common purposes like cohousing communities are usually the most these — with spiritual, religious, or ecological goals; expensive of all communities to join, since the even aspiring ecovillages — will choose the cohous- housing units are individually owned, banks do ing model, rather than attempting the arduous, do- give homeowners loans for them. And developer- everything-yourself model we’ve seen in these assisted cohousing communities do get construc- pages. These forming community founders will pre- tion loans. So, paradoxically, buying in to a cohous- fer private ownership of their individual housing unit ing community can sometimes — in terms of initial and shared ownership of common facilities, devel- cash outlay anyway — be comparable to buying in oper involvement, and bank loans, rather than trying to a non-cohousing community with shared land to leap the land-purchase, zoning, financing, and ownership, if you consider the cost of joining fees, development hurdles entirely by themselves. The site-lease fees, and building your own house with- successes of the developer-assisted cohousing out a bank loan. (See Chapter 14.) model might just be influencing forever the way we go about creating intentional communities. FINANCING YOUR PROPERTY (LOANS YOU CAN LIVE WITH) 139 pay off like any other mortgage holder, through alternative building construction or off-grid monthly payments of interest and principal. power, seek a grant for construction funds of Other developers who partner with cohous- your classroom teaching facility, or for working groups do it somewhat differently. Chris scholarship funds, so that potential students can ScottHanson of Cohousing Resources recom- come as interns and offer free labor to help build mends that the core group first acquire the prop- the facility. If you get a grant or donations, spend erty and get the site and buildings designed, then the money the way you said you would, and keep work with a developer to build it for them.“The accurate records. Send photos and the records of only reason to use a development partner,” he how you spent the money to your donors, with says,“is to have the developer locate, acquire, and thanks. If your donors like what you’ve done, guarantee the construction loan financing.” they may consider you for future funding requests. What about Grants and Donations? Sowing Circle/OAEC got private loans of A common misconception among forming com- $40,000 and $25,000 with generous terms, munity groups is that philanthropists or grant- because the founders were well-known to the making foundations would want to fund a philanthropist lenders, and were their colleagues group’s land purchase, but this isn’t usually the in environmental activism. For getting grants, case. Wealthy people and foundations do, how- donations, and friendly loans, there’s nothing like ever, often give money to groups or organiza- knowing your donors or lenders through shared tions whose vision and mission for a better world activist work and having a good reputation with matches their own, who have a demonstrated them already. track record of accomplishing their goals, and Refinancing Your Property whose principal players have shown through past accomplishments that they use money responsi- If you don’t think it will be easy to live with your bly. If your group is just starting out and you financing terms but it’s the only way you can have inspiring plans to benefit the environment secure the property, consider how you might or serve people or serve spiritual goals — but so refinance it later. (Remember, avoid loans with far no history of accomplishments as a group — early repayment penalties.) You can’t live too it’s unlikely you could get grants or donations to long with high monthly payments, or with inter- help you get started. est-only payments that will skyrocket as soon as But by all means seek grants and donations you begin paying the principal, or with onerous after you’ve bought your property, have created a terms and lenders who’d readily repossess. 501(c)3 non-profit for receiving tax-deductible Earthaven, Lost Valley, and Sowing donations, and have demonstrated for several Circle/OAEC all successfully refinanced their years how you’ve benefited the environment or properties and their members are now breathing people, or achieved some service goals. Seek easier because of it. grants and donations for a particular project We saw how Earthaven’s founders refi- with a particular budget, timeline, and measura- nanced the year after they bought the property, ble goals. If you’re an aspiring ecovillage, for creating the EarthShares fund to pay off their example, and you want to teach others about owner-financers and get control of their entire 140 CREATING A LIFE TOGETHER

property. It was a good thing they did. The next three years they couldn’t afford to both founders overestimated the number of new develop the property and make their interest- members who’d join in the next few years, and and-principal payments. So they made interest- the resulting cash shortfall meant that for the only payments for three years in order to build

HOW FINANCING AFFECTS OWNERSHIP AND DECISION-MAKING

Presumably, months before you seek financing, you’ll rights. But it doesn’t have to be so: for example, a com- have decided whether founders will make financial munity could have contributors to the property pur- contributions toward the purchase, and what the rela- chase, but not others, make decisions affecting proper- tionship will be of each member’s contribution to basic ty value, with all members making all other decisions aspects of community ownership and governance. Here together. If the original contributions were loans, other are some points to consider in determining these issues: community members could pay the loans back over time, and thus earn the right to make decisions affect- 1. Will each founder be required to contribute an ing property value. But while this scheme would solve equal amount towards the purchase? issues of some contributing money and others not, it 2. Will founders be allowed to contribute different raises issues of possible resentment or imbalance of amounts toward the purchase? real or perceived power in the group. As we saw earli- 3. Will the amounts each founder contributes confer er, Hank Obermeyer, as sole founder of Mariposa equity in the property, and is the amount of equity Grove, paid for the property himself. However, when commensurate with the contribution? it’s refinanced as a limited equity housing co-op, each 4. Will the amount of contribution be tied to owner- shareholder/member will have ownership and deci- ship rights and responsibilities, and to decision- sion-making rights. making rights? Dancing Rabbit and Lost Valley, in which only some 5. Will some make loans to the community that others founders contributed loans or gifts, different ways have pay back over time? been worked out for non-contributing founders and 6. Will incoming new members contribute the same new members to reimburse the contributing founders. amount as the founders did? Will they con- Dancing Rabbit members don’t pay a joining fee, but tribute more, based on increasing property pay a fee for the amount of square footage they lease improvements and rising property value? How will from the property, which pays back their loans. Lost founders be reimbursed? Valley members pay a joining fee and pay rent to the 7. Will the founders’ (or members’) contributions be community for their cabins or housing units, which reimbursed if they later leave the community? reimburses the community for their current (refinanced) Where will the money come from to reimburse loans. Incoming Earthaven members pay a $4,000 join- them? ing fee, and a site lease fee, which has increased by In every community whose purchase we’ve exam- $1,000 every year since the founding. In 2002, the site ined, founders have had equal rights and responsibili- lease fee was $17,000. ties for the entire property and equal decision-making FINANCING YOUR PROPERTY (LOANS YOU CAN LIVE WITH) 141 the necessary roads and buildings. They could All three loans allowed interest-only payments never have done this with their original owner- for the first five years. For four years, the commu- financers. nity paid approximately $37,500 a year on these And as we saw in Chapter 1, for its first two loans, but as they approached the fifth year they years Lost Valley made no payments on its two realized they’d better refinance before their $100,000 loans from founder Kenneth annual payment increased dramatically in 2000. Mahaffey, and for the next four years reimbursed They got an appraisal and learned the property him $30,000 annually — $20,000 in interest and had increased in value to about $1,400,000 (by $10,000 toward the principal. This meant that 2002 it was probably double that amount). By by 1995 they’d paid $120,000 total, but had this time OAEC had been offering classes and reduced the loans by only $40,000. At this point, workshops for four years in organic gardening, Kenneth was far less involved in the community seed saving, permaculture design, and other and no longer living there, and preferred to be aspects of sustainable living, and had gained cashed out if at all possible. So in 1995 the com- quite a loyal following in the region. Many work- munity secured a $125,000 loan from Cascadia shop participants returned frequently, and some Revolving Loan Fund, and a private loan for became friends of the center and regular volun- $150,000 from friends who were members of teers for their monthly garden tours and biannu- their board of directors. With this $275,000 they al plant sales. Dave Henson asked one of these paid off part of the $160,000 in principal they friends about the possibility of becoming more still owed Kenneth, and used the rest to make closely involved by providing a refinancing loan. additional improvements on the property. In The friend was glad to do so, and she and Dave 1998, they refinanced a second time, borrowing worked out a refinancing loan of $1,000,000, to $161,000 from three friends and supporters, and be paid back over 30 years at 6.85 percent inter- paid off the balance they owed Kenneth as well est. The community used this money to pay off as the Cascadia fund. They still made annual the $765,000 still owed on all three mortgages, payments, but their loan was in the hands of and designated the remaining $235,000 for fur- people who thoroughly supported what they ther capital improvements and a contingency were doing and were unlikely to repossess the fund. Their monthly land payments were then property if the community ran into hard times. $5,565 a month, split between 11 people, so after Since that time they’ve borrowed more funds for refinancing they paid $515 per person per month development and renovation. As of 2002, they towards the refinanced mortgage. owe $360,000 in total to approximately 15 different lenders, and pay $3,500 monthly in principal and interest. Sowing Circle/OAEC began with a In Chapter 13 we’ll look at the common chal- $700,000 owner-financed first mortgage at 6.7 lenges of the development process, and how percent interest, and two private loans of some communities developed their land. $40,000 and $25,000 at 5 percent interest each. Chapter 13 Developing Sustainable Human Settlements

S SOON AS THEY BOUGHT their property, cabin, no buildings.) The property’s once-fertile AEarthaven’s founders wanted to began the soil had been depleted by the unsustainable agri- permaculture design process and create a site cultural practices of its previous inhabitants, a plan. But in their particular circumstances this small Appalachian farming community.The area process would take a year or two, partly because had apparently been settled fairly densely, as a of the rugged terrain and partly because they post office stood at the confluence of Earthaven’s needed to get a boundary survey, since the for- two major streams, and people had even settled mer owners didn’t know the exact number of in the small side valleys and cultivated the steep acres or the actual location of all the property slopes. Uninhabited for the past two genera- lines. At the same time the group wanted to ini- tions, the land had reverted to forest, and was in tiate at least some rudimentary physical infra- the secondary stages of forest succession when structure in order to move their vision forward, Earthaven’s founders acquired it in 1994. but which wouldn’t conflict with the site plan The first thing they did was invest about still to be developed. $6,000 in a boundary survey and about $2,000 in Here’s what they did. aerial photos and a contour map. Map in hand, and led by Peter Bane and Earthaven’s Development Process Chuck Marsh, two Earthaven founders who are Earthaven’s mountain terrain made creating a also permaculture designers, the group walked site plan and developing the property more chal- the land to identify sacred sites, springs and lenging than for most new communities. Their stream courses, flood plains, erosion gullies, plant property consisted of three converging stream communities, land suitable for agriculture, poten- valleys, flood plains, bottom land, lower terraced tial pond sites, and potential home and business slopes, and steeper ridge slopes and ridge tops. sites. They also wanted to get a sense of the opti- (Unlike Abundant Dawn’s forested mountain mum carrying capacity of the land and limit their properties, Earthaven had steeper slopes, no future population to match it. The concluded clearings or meadows, a phone line but no other that if they grew most of their own food their utilities, and except for a tumbled-down hunter’s land could support about 120-160 people.

142 DEVELOPING SUSTAINABLE HUMAN SETTLEMENTS 143

After several seasons of observing the land WHAT WE MEAN BY “PERMACULTURE” and getting to know its nuances under various AND “ECOVILLAGE” conditions, they overlaid key components of their intended ecovillage onto their contour Permaculture is a set of techniques and principles for map. They identified sacred sites; land that designing sustainable human settlements, with plants, would remain forested; areas for gardening, animals, and buildings — and especially the relationships farming, and orchard; potential locations for between them. It’s guided by a set of ethical principles, ponds and hydro-power stations; the center of such as “care for the Earth,” “care for people,” and “shar- their village and future sites for community ing the surplus.” (See Resources.) buildings; the existing road; and future roads Here’s Robert Gilman’s widely used definition of an and paths, and they mapped out residential ecovillage: “A human-scale, full-featured settlement in neighborhoods for clustered housing with likely which human activities are harmlessly integrated into the road access. They decided they would build natural world in a way that is supportive of healthy human only on slopes, and save their flat bottom land development, and can be successfully continued into for agriculture. the indefinite future.” With this knowledge, and led by their vision Although the term was coined in the early 1990s, of “a planned permaculture ecovillage,” they increasing numbers of intentional communities are decided to develop the following physical infra- attracted to the ecovillage concept. Some older com- structure: munities have retrofitted various aspects of sustainability (such as building with natural materials or adding off- • A village center with a Council Hall, a grid power) and now call themselves “ecovillages,” large kitchen/dining room/conference while others, including some cohousing communities, facility, a media center and library, possi- are attempting to create full-scale ecovillages from bly shared workshop and commercial scratch. Most ecovillage activists agree, however, that no space, and possibly high-density apart- true ecovillages exist yet (since we can’t yet know ment-style housing. whether these settlements are sustainable “into the • Ten (later, 11) neighborhoods of three to indefinite future”), so they call these communities “aspir- eight passive solar homes on quarter-acre ing ecovillages.” or eighth-acre sites, clustered on gentle south-facing slopes, each site potentially terraced in home gardens, and each • An initial “base camp” settlement near the neighborhood sharing a common agricul- center of the property in which people tural area of bottom land, benches, could try out experimental natural-build- and/or lower slopes. ing construction techniques before set- • To help restore the soil’s fertility and cre- tling the neighborhoods. ate food sustainability, they would keep • Member-owned businesses on business as much water on the land as possible, sites in the village center and throughout through roof water catchments, swales, the neighborhoods. and ponds, rebuilding the soil in specific • Fields with larger-scale agriculture or areas with layers of organic matter. livestock. 144 CREATING A LIFE TOGETHER

• Bridges across each of the three streams of the property, and built a second road for bet- for cars to get to the center of the proper- ter access to it. They intended this area, called ty. the Hut Hamlet, to be the “base camp” cluster of • They agreed not to build on ridge tops, to small experimental passive solar dwellings of protect their identified sacred sites, and about 300 square feet each, which would serve as to preserve their most tranquil and beau- temporary housing until people could build per- tiful valley as a wilderness area, to remain manent homes. The founders wanted to try undeveloped. many different construction techniques in these huts in order to learn how to work with locally- The process of mapping and observing the available, inexpensive natural materials. They land, creating a proposed site plan and agreeing also wanted to make their mistakes on a small on it as a group took three years, and occurred scale first, before attempting larger buildings. while they simultaneously raised the money to Using lumber harvested from the land with pay off their owner-financers and undertook the horse-drawn logging and a portable sawmill, first stages of physical infrastructure develop- they built a small timber-framed strawbale ment. kitchen/dining room/bathhouse for the Hut Here’s what their process looked like chrono- Hamlet, brought in piped water from a spring, logically: installed a small photovoltaic system to power the pressure pump and the kitchen’s lights, and 1995: This first year, they contracted for the installed a propane refrigerator. They also built boundary survey, aerial photos, and contour a clay-straw composting toilet building, a root map, and began the process of walking the land cellar, three more private huts, and footbridges and observing its subtleties in various seasons, across the streams. They brought in organic adding to and correcting the contour map. matter as mulch and began creating gardens. They investigated the process of creating a Beauty was important to the founders also; the “shoe box bank,” and created the EarthShares Hut Hamlet buildings had forest-green metal fund to raise the money to pay off the owner- roofs (for water catchments) and, because of financers more quickly and gain control of the the red clay in the soil, the earth-plastered exte- entire property. (See Chapter 9.) rior walls were various shades of peach-pink Most of the founders lived and worked in and apricot. Several had earth-coupled clay Asheville, 45 minutes away, so through weekend floors. work parties and with the help of interns, they Like Sowing Circle/OAEC and Dancing created a campground and cleared a south-facing Rabbit, Earthaven was eager to fulfill its mission slope at the center of the property, where they of offering sustainability education, so that sec- built an open-walled meeting pavilion and one ond year they began presenting classes and member built a small hut. workshops in the small open-walled pavilion. By this time, because they had rudimentary housing 1996: The next year, they continued walking the and other facilities, a few people lived in the Hut land and correcting their map. They cleared Hamlet year round. more land on one particular slope in the center DEVELOPING SUSTAINABLE HUMAN SETTLEMENTS 145

1997: The third year, they finished adding 2000: The sixth year, they remodeled and details to their map. Their permaculture design- improved the kitchen/dining room in the Hut ers proposed a detailed site plan, and over a Hamlet. More founders and new members series of meetings, the group modified and moved from town onto the land and built approved it. dwellings in the Hut Hamlet and/or broke This was the year they paid off their owner- ground on permanent homes in the neighbor- financers and could finally develop their whole hoods. By this time about 25 people lived there. property, so they began building roads to their identified neighborhoods. They built more huts 2001: The seventh year, they finished plastering in the Hut Hamlet, and logged and milled tim- the interior of the Council Hall, and built anoth- bers for their planned 13-sided Council Hall. A er root cellar. One member built and opened a few more members moved to the land. small general store and a lodge which will one day be a members’ cafe. Another member raised 1998: The fourth year, they continued building funds for and organized volunteer labor to build roads to the neighborhoods, cleared an area in a sauna. their planned village center, erected the timber framing for their Council Hall, and installed a 2002: The eighth year, they completed a large micro-hydro system in the stream across the water tank above the Hut Hamlet to improve its road. Several members formed the worker- water supply and extended piped water to other owned Forestry Co-op to fell and mill timber nearby areas. They finished plastering the exteri- and do construction, and they set up a portable or of the Council Hall and installed its wooden sawmill and lumberyard in the village center. floor. One family built a large house to serve as a The community finally had enough revenue permanent home for themselves, and as tempo- from the joining fees and site lease fees of incom- rary lodging for visitors and other members who ing members to pay not only for ongoing devel- were building their homes. Another group leased opment projects like these, but to start reimburs- adjacent home sites and began building a two- ing principal to the EarthShares fund, instead of story townhouse-style common-wall building paying interest only. By this time about 15 peo- with small individual units and a shared kitchen ple had moved to the land. and other common facilities. And at long last, eight years into the project, they finally had the 1999: The fifth year, they created a small con- funds, the labor, and the know-how to build structed wetlands to handle the Hut Hamlet’s their first bridge across a creek ford. graywater, built a three-story multi-unit dwelling By this time about 35 people lived full time to house couples with young children, and set up on the land. a visitor’s campground across the creek.They put a roof on the Council Hall and filled in its walls By Earthaven members’ standards, and those (with strawbale, straw clay, and cob), and began of many of its visitors over the years, theirs has holding meetings there. Several members began been an excruciatingly slow development construction on their shared community build- process, and it isn’t over yet. Even though your ing in one of the neighborhoods. community may not buy undeveloped mountain 146 CREATING A LIFE TOGETHER land with no utilities, and you may not intend to and that guides them in making decisions that build a whole village, Earthaven’s story illustrates will lead to sustainability.” many aspects of the process you’ll face in devel- Ted notes that the usual approach to land oping your property, or in renovating buildings development in our culture is to see the land itself and adding new construction to it. simply as “an exploitable resource: a blank canvas with a certain topology for us to place our build- Listening to your Land ings and roads upon.” To take a more sustainable A community site plan depicts how its buildings approach, he suggests we must first see our com- and other human-made features (courtyards, munity land as a long-term dwelling place both common greens, children’s play areas, gardens, for humans and the other creatures living there. orchards, agricultural fields, ponds, roads, bridges, Secondly, he suggests “we must seek out the soul pathways, parking areas, and so on) are situated in of that land, the spirit of the place.What is sacred, relation to each other and to natural landscape untouchable? What is inspiring or uplifting?” One features such as clearings, woods, streams, natu- quick method, he says, is to find the most beauti- rally occurring ponds, wetlands, and so on. ful place on the property, then build somewhere One of the principles of permaculture design else. Lastly, he says,“design the built environment is that for human settlements to be sustainable, with an eye for minimal harm and maximum they must adapt themselves to the needs of the enrichment of the place.”As we’ve seen, Earthaven ecosystems they inhabit. So a permaculture- founders followed these design principles. based site plan also shows how the human-made The other communities we’ve studied have features will enhance and mutually reinforce the engaged in a similar process. Dancing Rabbit needs of the land, its living creatures, and its observed their land for several seasons, studied human inhabitants. permaculture design principles as a group, and Permaculture designers and experienced created a permaculture-based site plan for their community founders strongly suggest creating 280 acres. Even though their properties were your site plan before locating any homes or com- already developed, Lost Valley, Sowing munity buildings on your property, rather than Circle/OAEC, and Abundant Dawn created finding a likely spot for the first building and land-use policies and other agreements about then making up a plan as you go along. And cre- how they would sustainably develop the rest of ating a permaculture-based site plan requires their land and engage in any new construction. getting to know your property intimately first — Four communities we’ve studied — Earthaven, “listening to the land” over several seasons to Dancing Rabbit, Sowing Circle/OAEC, and understand its needs. Lost Valley — offer classes and workshops in “I have had numerous occasions to work with permaculture design or sustainable earth-based intentional communities,”observes permaculture building practices, or both. designer Ted Butchart.“I have been struck by the Creating your Site Plan Yourselves subtle but important contribution made by the community members who first pierce through to “How well we succeed in manifesting our vision a real connection with their particular land. of a new village culture at Earthaven will be They have a clear sense of the spirit of that land, determined by the quality of the work we do as DEVELOPING SUSTAINABLE HUMAN SETTLEMENTS 147 both social and permaculture designers,” center surrounding agricultural fields and a observes Chuck Marsh. “Most community fail- spring-fed pond. This road gets good solar ures stem from inadequate design, either social access, so it’s less likely to be icy in winter and or physical. Design takes time, but up-front muddy in summer. It’s on contour, so it can pre- investment in good design will more than pay for vent erosion. It’s just above the orchard, so itself in the long-term health of the community runoff from the road surface can be used for and its members.” irrigating trees. It’s perpendicular to prevailing He notes that while in mainstream culture winds and the direction of greatest fire danger, design and planning are usually relegated to pro- so it’s an ideal firebreak. And it leaves the fessionals, in communities this can be disem- majority of the property free from incursion by powering to members who are directly affected automobiles, minimizing potential pollution by the decisions. Like most permaculture and maximizing open space and wildlife areas. designers, Chuck suggests that communities get Zuni Mountain members took on an ambitious training in permaculture design principles, and, and complex project that few could afford or perhaps with the guidance of a permaculture had the experience to build as individuals. designer, create their site plan themselves. Their efforts will leave the land healthier than “Community-based design and planning, while a they found it.” much slower and occasionally frustrating Avoiding “Urban Refugee Syndrome” process, has the distinct advantage of investing the participants in an outcome that is more like- “Many of us have been so traumatized by the fast ly to meet their real needs.” pace of modern life that we feel we need lots of Here’s how Zuni Mountain Sanctuary went space around us to protect us from a harsh and about the process. In the 1990s, permaculture dangerous world,”says Chuck Marsh.“I find that designer Ben Haggard was hired to help this one of the greatest challenges at Earthaven is to 315-acre community in northern New Mexico find ways to meet people’s privacy needs while develop a permaculture-based site plan. The keeping our homesites compact and not group began with an in-depth study of perma- sprawled all over the landscape.” culture, then assessed their site for wind pat- Ben Haggard calls this tendency to spread terns, erosion patterns, and evidence of past fires out “urban refugee syndrome.” and floods, and learned something about their “Urban and suburban people, afraid of the region’s soils and plant and animal communities. potential lack of privacy in villages and close- “Zuni Mountain residents identified the most knit communities, scatter across the landscape appropriate locations for buildings, gardens, looking for a place to hide,” he says. “This only agroforestry, sacred places, and wildlife corri- repeats in microcosm the worst mistakes of sub- dors,” Ben Haggard recalls.“They listened to the urban development — destructive, repetitive land, allowing its potentials and liabilities to dic- sprawl. Networks of paths and roads proliferate, tate the pattern of development.” requiring maintenance, creating erosion scars, He describes a portion of one of their draft and disrupting wildlife. The costs of distribut- site plans: “A single, short, easy-to-maintain ing water, energy, or wastes go up. road offers access to a tightly clustered village Communication becomes more difficult. Often 148 CREATING A LIFE TOGETHER these siting decisions assume that residents will Creating Privacy in the Midst of remain young and healthy forever.” Community Before Zuni Mountain Sanctuary members Yet the desire to spread out is understandable. learned about permaculture, one member had The greatest fear of many people choosing com- planned his house site far from the community munity is that they won’t have enough privacy. center. Like all Zuni Mountain members, he However, Danish cohousing residents, who’ve would have to first build his house, requiring the been living in densely clustered townhouse-style delivery of construction materials and water (for housing units since the late 1960s, and cohousing concrete). Ben Haggard pointed out that a architects Kathryn McCamant and Charles remote location requires its own access road and, Durrett know very well that not having enough in the fragile ecosystem of New Mexico’s high privacy is rarely a complaint of people living in desert, even driving over the ground once leaves this kind of community housing.“People find that a permanent scar. And this house, like all hous- once they close their door, their unit is as private es, would require ongoing work and materials to as any private housing,”says Kathryn McCamant. maintain. And even well-designed solar houses “It’s much easier to get solitude in the midst require fuel — firewood or propane for backup of community than to get community in the heat during the bitterly cold winters. midst of solitude,” observes Winslow Cohousing Ben also pointed out that having a home so member Tom Moench. far from the center of the community would Since privacy is a real issue, we need to find make life harder in an environment where life is ways to create sustainable development and meet already hard enough. Forgetting a necessary tool, our needs for privacy.Fortunately,there are sever- for example, would require a long hike home, al things we can do. One is to arrange living sometimes in harsh weather.“I’ve noticed that in spaces so that front doors and front porches (and spread-out communities, people simply adjust to often, kitchen windows) — the “public” side of a not having what they need. The daily effort of dwelling — face the front doors and public sides getting from one place to another hampers resi- of other dwellings, and locate living rooms and dents’ ability to do their work. Individuals and bedrooms in the rear “private” side, facing away the whole community suffer as workloads from other dwellings and into rear patios or back become overwhelming and maintenance of peo- yards (with no public sides facing into anyone ple and infrastructure is neglected.” else’s back yards). Another is careful window Ben asked the member to imagine the 20 or placement, so that windows don’t look out into more proposed members’ homes placed as isolat- other neighbors’ windows. A third way is to effec- ed dwellings around the land.“He saw that such tively sound-insulate exterior walls, especially a pattern would eliminate the most desirable common walls between separate housing units, open space of the community,” Ben said. and use windows and doors that close snugly, to “Anywhere one walked would be someone’s create more sound privacy between neighbors. backyard.”The member agreed, finally persuaded that clustered housing would allow optimal use “Until your needs for privacy and autonomy of the best areas for building and maintain the are met,” says Boulder architect David Barrett, integrity of the commons. “you can’t really do community.” DEVELOPING SUSTAINABLE HUMAN SETTLEMENTS 149

Designing for Conviviality it from their front porches and kitchen windows. To take advantage of these “conviviality” patterns, A community site plan can enhance social inter- cohousing communities are often designed with action and “community glue,” what Chuck their dwellings in rows facing each other across a Marsh calls “designing for conviviality.” narrow or oblong central commons, about ten “Designing for conviviality involves placing feet from an encircling pedestrian pathway, with our access ways and buildings in patterns that their large community building at one end of the allow for, and in fact encourage, quality human central commons in full sight of every home. interactions as we go about our daily activities,” says Chuck Marsh. Some of these patterns Footpaths, gathering nodes, and centripetal include: energy. The flow of foot traffic can also encourage Visual connection. Designers use “line of sight” social connection, and the path of car traffic can to help people feel more connected. If you can disrupt it. Having a limited number of pedestrian see the community building from your front pathways between destinations with natural con- porch or kitchen window, it tends to make you gregating places en route — gazebos, shaded feel more connected to it and inclined to visit benches, picnic tables, and so on — encourages and use it. If you can see other members’ homes people to spontaneously encounter each other and from your front porch or kitchen window, it have conversations. Locating parking at the edge tends to make you feel more connected to the of the site, having the pathway between the park- people who live in those homes and more ing area and the homes pass by the front of the inclined to visit and interact with them. It creates community building, and having individual mail- the feeling of a cozy neighborhood, for example, boxes and a community bulletin board located in if dwellings are aligned so that their front porch- the community building encourage people to stop es or patios and kitchen windows face each other, in at the community building while walking to so everyone has views of other members’ homes. and from their homes and cars, where they’re likely to meet others and connect. Design features like Cozy distance. How far away buildings are from these create a concentrated, centripetal energy, a well-traveled common pathway also affects the rather than a dispersed, centrifugal energy. sense of community. In a study conducted in the “In good design, conviviality happens spon- 1990s, cohousing architects and members of a taneously among the inhabitants of the settle- Davis, California cohousing community found ment because the physical spaces are ‘tuned’ to that the coziest and most charming “felt space” the wisdom of our bodies,” Chuck says. for a front porch from a common pathway was “Buildings create positive outdoor spaces; about ten feet. entrances are prominent and transitions are marked by gateways; paths meander and cross; Prominence. For a shared community building places to sit or to tarry are frequent, people feel to be well-utilized, and to become a beloved and safe to sleep in public or to make love in the inspiring symbol of the community, it should be woods. Permaculture design should nourish not more visually prominent than other buildings only the Earth and our bodies, but also the indi- and placed in a central area where people can see vidual’s soul and the group soul.” 150 CREATING A LIFE TOGETHER

Earthaven’s members utilized many of these between the kitchen/dining room, dwellings in principles in their site plan. Their roads and the Hut Hamlet, the general store, or the footpaths follow the terrain and lead naturally to Council Hall. Home sites in the neighborhoods members encountering one another as they walk are clustered. The kitchen/dining room with its

YOUR COMMUNITY BUILDING Community buildings are as varied as the communities Put it at the “heart.” It should also be accessible, they’re part of. They can range from a single structure both visually through “line of sight,” and by footpath, housing a kitchen/dining area and meeting space, or from many other locations around the community. they can include these functions and more: dance space, daycare facilities, teen hangout rooms, laundry Make it beautiful. Cohousing architects Kathryn facilities, and workshops, to name a few. Some com- McCamant and Chuck Durrett, as well as Christopher munity buildings feature separate structures for differ- Alexander, insist that for a community building to ent activities. (A good resource is the “Pattern function well and be used by its members, it must be Language for the Village” in A Pattern Language, by beautiful. Ideally, it inspires and uplifts the members Christopher Alexander et al. See Resources.) whenever they see it — a physical symbol of the com- A well-designed community building can literally munity to its members. help create cohesiveness, give the feeling of a central “hearth,” and be a source of pleasure, joy, and pride Build it first. Many founders have learned that con- for its members. Here are some design tips to help structing the community building first, before any you design such a center. individual dwellings, adds significantly to a group’s identity and community spirit. It creates an energetic Put all your eggs in one basket. For better social center for the group’s focus — a centripetal energy. In interaction, to effectively “design for conviviality,” as contrast, when everyone is preoccupied with build- well as to save money, it works best to have relatively ing their own homes first, it tends to create a more small individual living spaces and larger community dispersed centrifugal energy in the community. buildings with many amenities. Build it yourselves. Nothing builds community glue Make it prominent. Many communities use architect like working together, and nothing makes people more Christopher Alexander’s principles of “building arche- proud of their community building than building it types” in A Pattern Language for creating a warm and themselves. “I see repeatedly that people in general inviting built environment that invites community spir- enjoy being a part of, and want to contribute in a full- it. One of his principles is that the primary community body, hands-on way to the physical building of their building in any given location be taller, bigger, or community,” observes Ted Butchart. Ideally, a commu- somehow more visually prominent than other struc- nity building isn’t built quickly by professionals or tures around it. hired laborers, but created consciously, even ritually, and, as Ted says, “placed and quilted and kneaded and shaped by the users themselves.” DEVELOPING SUSTAINABLE HUMAN SETTLEMENTS 151 gable-roofed canvas awning and terraced front inoculate permaculture and ecovillage culture patio is larger and more imposing than other into our bioregion,” says Chuck Marsh. “We’re nearby structures, and is visible from the main working away in the belly of the beast of western community road and one of the parking areas. civilization to find our way home in the compa- The Council Hall is large and imposing and ny of kindred yet diverse spirits.” located on high ground, and also visible from the main road. Developing your community physically is an ongoing process that could take 10 to 15 years to In Chapter 14 we’ll look at one of the most cru- complete. But creating community itself is never cial issues of your community-forming process really “complete.” — how your internal financing affects your lives “Earthaven is very much a work in progress, in community, and how attractive your commu- a constantly evolving attempt to more deeply nity may be to potential new members. Chapter 14 Internal Community Finances (Can We Afford to Live There?)

ETTING FINANCING TO BUY your property n’t have to reinvent the wheel. I hope the exam- Gis one thing; living with the financial ples in this chapter will to give your group plen- arrangements is another. ty of ideas for considering how you might (1) The financing terms of your property pur- raise enough money to pay off loans, pay operat- chase — especially the amount of monthly paying expenses, and build any needed infrastruc- ment — will affect your internal finances as well. ture; (2) call up enough labor; (3) meet your Internal finances are the choices you’ll make members’ needs for income, housing, and possi- about whether, and how, you’ll assess yourselves bly equity in the property; and (4) attract the over time, and/or assess new members when they new members who’ll help you do all this. join. You’ll need to account for such expenses as Thus, when arranging the terms of your the mortgage payment, property taxes and insur- financing, you’ll need to consider how much the ance, utilities, maintenance and repair costs, any monthly payments will be, and whether the remodeling or infrastructure development, or any amount you’ll need to assess yourselves to make management costs such as office and bookkeep- these payments will be affordable — depending ing supplies, website expenses, and so on. Sources on how many of you will split the payments, of revenue for communities can include joining your income levels, and if your contingency fund fees, monthly and/or yearly assessments, rent is large enough to subsidize part of the payments from community-owned living quarters, and site until enough new members join you. (And will lease fees.Your internal community economy also your monthly payments and contingency-fund involves members’ labor requirements. supplements allow you to choose members based As you’ll see, the founders of the communi- on your agreed-upon criteria, or will financial ties we’re examining arranged their internal pressure dictate that you accept people you aren’t financing in completely different ways. And most sure of because you desperately need their cash?) created these unique economies from scratch, If you’re seeking property in a rural area the without benefit of knowing how any other com- challenge escalates. You’ve got at least three munities may have done it. But your group does- choices:

152 INTERNAL COMMUNITY FINANCES (CAN WE AFFORD TO LIVE THERE?) 153

1. Buy your rural property near a town or small teacher, a college professor, an environmental city with a reasonable job market, or within educator, and a home-based mom/political acceptable commuting distance of one. organizer. Another member, the president of a 2. Arrange financing with monthly payments non-profit organization, works half-time at his that are low enough so that assessments will home office and half-time in Berkeley, an hour still be affordable to members with low-pay- and a half away. ing or part-time rural jobs, or who are dependent on the uncertain income of indi- 2. Rural communities 30-45 minutes from a vidually owned businesses. low-wage job market. Abundant Dawn is an 3. Create one or more community-owned busi- hour from the small city of Roanoke, Virginia, nesses that will pay members decent enough and about 40 minutes from three other medium- wages to meet your monthly assessments. (In sized towns, all with relatively few jobs and low this case,“business” could include a non-prof- wages. Their members’ income-producing activi- it organization that, like Lost Valley’s or ties are typical of what rural community mem- OAEC’s educational organizations, gener- bers with few nearby jobs must do. One works as ates an income and pays employees.) a self-employed computer programmer (sometimes telecommuting and sometimes traveling Rural Communities — How will your Members Make a Living? elsewhere to jobs); two retirees own, repair and maintain their own local rental properties — Here’s how members of some rural communities and also bake bread for area restaurants; one make a living. offers a holistic health service in Roanoke and the three local towns — and also takes on other 1. Rural communities near a good job market. odd jobs; one formerly owned and operated a Sowing Circle/OAEC is in a rural-residential portable sawmill but now goes to college; and the area surrounded by the cities and towns of four members of their income-sharing pod make Sonoma County, two minutes from the town of and sell hemp hammocks, work part-time at a Occidental, 25 minutes from the city of Santa nearby CSA farm, and own and manage the Rosa, and an hour and a half from San fruit-distribution service for the CSA farm. Francisco. It’s relatively easy for Sowing Circle’s The situation is almost identical at Earthaven, 11 members to bring in Bay Area-level salaries. which is 50 minutes from Asheville, and 20 and 30 Five are employed by OAEC in multi-skilled minutes from two small towns, all of which also roles that include administration, grant applica- have few jobs and low wages. Some members are tion writing, gardening, maintenance and repair, owners of an on-site forestry co-op that fells and and teaching workshops. The OAEC staff mem- mills trees and builds homes for other members. bers began working for $10 an hour, with annu- One member owns an herbal products business; al seniority raises, and salaries now range from another publishes Permaculture Activist magazine $1,900 to $2,600 a month, depending on senior- (both employ other community members part- ity.This is a low wage by Bay Area standards, but time); another owns rental units in Asheville and fine relative to the community’s values. Sowing an on-site general store. Two artists paint and sell Circle’s membership also includes a grade school landscape paintings; one woodworker makes 154 CREATING A LIFE TOGETHER wooden candle-lanterns and another makes cus- job market — 45 minutes from a small town tom stairways. Two work part-time administering with low-paying jobs, and almost an hour and a and promoting workshops on sustainability for half from the nearest city.Two members are self- Culture’s Edge, Earthaven’s educational non-prof- employed in service businesses — a musician’s it. Several are self-employed in full- or part-time booking agent and a freelance editor. Some have service businesses: carpenters, permaculture part-time or occasional work building homes for teachers (one also does landscape design, another other members. Several have part-time jobs also teaches consensus), a massage therapist who working for the Fellowship for Intentional commutes to Asheville, and a website designer/ Community at nearby Sandhill Farm, or in landscape designer. Two work as waitresses in a Sandhill’s tempeh-making business, or for the nearby town, one works three months a year as a Missouri chapter of a national organic certifying publicist in a city in another state. Some work agency. Some work off-site for several weeks or part-time or for a few hours a week for the com- months — a personal assistant who helps dis- munity, coordinating its labor, doing repairs and abled people, a traveling sales representative, and maintenance, cooking for workshop participants, carpenters who work construction in other or managing the campground. A few live on the cities. Several work a few hours weekly for the interest from investments; six are retired. community doing accounting, answering corre- Lost Valley is within 15 minutes’ drive from a spondence, managing their intern program, or few small towns and 30 minutes from the small fund-raising for the community, and one works city of Eugene, Oregon — all with relatively few full-time eight months a year, growing the com- jobs and low wages. Fifteen people (almost three- munity’s vegetables. Members of Skyhouse, the quarters of its members), work for the communi- income-sharing sub-community, work a variety ty’s educational center business, either full time of telecommuting jobs, including computer pro- or part-time. One of the part-time employees gramming, website design, and graphic arts. also works as a massage therapist on-site, and As you can see, in rural communities away others work part-time in Eugene or the nearby from thriving job markets, most people make do towns. Members who don’t work for the educa- with various odd jobs, part-time jobs, one-per- tional center have full-time or part-time jobs off son businesses with an uncertain income, or they site as well — grant writer and consultant, part- telecommute. Few actually have “a job.” time librarian, part-time park ranger, sales rep for a food distributor. Another member flies to a dif- Starting a new business while also starting a ferent city each weekend to represent products at community can be difficult to impossible; bring- trade shows. Another drives 12 hours to the San ing a telecommuting job or an already-successful Francisco Bay Area for week-long trips eight business to a rural community can work well. times a year to work as an accounting consultant For example, the computer programmers at for clients there, but at Bay-Area wages. Abundant Dawn and Dancing Rabbit brought their professions with them and now telecom- Rural communities far from a job market. mute. The income-sharing pod at Abundant Dancing Rabbit members have an even greater Dawn was already making hammocks as sub- challenge, since they live so much farther from a contractors for Twin Oaks’ hammock-making INTERNAL COMMUNITY FINANCES (CAN WE AFFORD TO LIVE THERE?) 155 business before they began Abundant Dawn PRIVATE ECONOMIES, INCOME- (they later launched their own independent SHARING ECONOMIES hammock line).The owners of various businesses at Earthaven started them before joining the In a private or independent community economy, how- community. ever members earn money — working at outside jobs, by owning their own businesses, through investments, or The Risks of Community Businesses some other means — they keep their earnings and Several founders of rural communities have told decide how they’ll spend, invest, or save their own earn- me it would have helped enormously, at the very ings. In other words, their finances are private and indi- start, if they’d had one or more viable communi- vidual. They pay agreed-upon joining fees, site lease ty businesses to employ community members, fees, and/or other assessments to the community for all and there’s plenty of precedent from income- community expenses, and the whole group decides sharing rural communities formed in the late how to spend or save their community assets. Most com- 1960s or early ’70s. Twin Oaks in Virginia start- munities operate this way. In an income-sharing (commu- ed its hammock business, and subsequently, a nal) economy, however, members work for one or more book-indexing service and tofu-making business community businesses and pool the profits in a common — all still in operation today. Sandhill Farm in treasury, or work at jobs outside the community and pool Missouri started an organic foods business — their earnings from these jobs. The common treasury pays growing and processing sorghum syrup, honey, the mortgage payments, property taxes, insurance, main- tempeh, garlic puree, horseradish, and mustard. tenance, and other costs, and all members’ basic needs The Farm in Tennessee started many business- for food, shelter, monthly stipends, and so on. All mem- es, including processing soy foods, manufactur- bers decide how their common assets are spent. ing electronic equipment, video production Relatively few communities do income-sharing, however services, and midwifery and midwife education. members of Skyhouse subcommunity at Dancing Rabbit All these businesses continue today, although and the Tekiah pod at Abundant Dawn organize their some are now owned as sole proprietorships by economies this way. Meadowdance has a hybrid individual Farm members, or are owned by income-sharing economy. Everyone works for member collectives. Meadowdance’s community-owned businesses, and However, creating a community-owned busi- their basic expenses are paid from business profits. ness (or a non-profit educational center that pays Members can also earn money they can use as they wages to its employees) is not without its own please by working at outside jobs or working extra hours risks. Start-up businesses fail at the rate of at for their community-owned businesses. least 95 percent, usually because they’re under- capitalized or the founders didn’t do adequate carve out the time and energy to set up a new market research ahead of time. Start-up busi- community and a business, much less keep rela- nesses require not only business experience and tionships intact with your partners and children? entrepreneurial skill to succeed, but often take It’s much worse if you try to do all this on raw 10- and 12-hour days for at least the first six land you’re developing from scratch. New devel- months to a year. Even if you’re a community of opment either requires boatloads of money to experienced, savvy entrepreneurs, where will you hire professional crews, or long hard hours of 156 CREATING A LIFE TOGETHER your own sweat-equity labor, or both — usually “worker class.”Or the needs of the business, driv- over a period of several years. It’s unlikely most en by markets, cash flow,and other financial con- community founders could pull this off and start siderations, could slowly encroach on and even a business. Bottom line — if you’re planning a supplant the community’s own visions and val- community-owned business, if at all possible, get ues for itself. Instead of being a servant to the it established and running well before moving to community — providing income for members the land. — the business could become its master. An But there are several other ways to create on- antidote to this kind of “creeping takeover” site income for members besides the communi- would be to set up more than one member- ty becoming the employer itself. Several mem- owned business from the beginning, or a combi- bers could create a worker-owned co-op, for nation of community-owned, worker-owned, example, or could provide the community food, and individually or group-owned businesses, cre- cooking, lumber, construction skill, laundry ating a more balanced “marketplace” of business services, and so on for a fee. Or an individual or activities and employment opportunities. several members could start a business enter- Another issue is whether a community busi- prise that employed some or all other communi- ness is really viable. A business might earn the ty members. community far less money per member than A community-owned or member-owned each person would make working outside, but as business that employs other community mem- long as each member’s expenses are low, their bers also has its own set of problems. On the one work-hours reasonable, the work itself satisfying, hand, community members would have on-site and their lives in community fulfilled and bal- jobs, the entrepreneurs would have an ongoing anced, they’re probably living better than their source of close-at-hand workers, and, since it had wealthier counterparts in the mainstream. As an income source, the community would be the saying goes: “Living below your means is a more attractive to new members. On the other cheap way to be rich.” hand, just because some folks are fine fellow On the other hand, a community business community members doesn’t make them suited could pay its overhead, satisfy its customers, fund for a particular job role. What if the member was all necessary community expenses, and seem unsuited for the work, or made costly mistakes, firmly in the black, but at the cost of community or didn’t show up for shifts, or came late and left members working inordinately long hours to pull early? What if the person was miserable, or even it off. If members intersperse gardening, mainte- destructive, in the job? Imagine the amount of nance, cooking, and other community tasks with tension that could arise between that member hours at the community business they might not and the business owners, whether the person was really notice that by the end of the week they’ve kept in the job (creating resentment in the own- worked 60 or even 70 hours at the business, and ers and co-workers), or was let go (creating that their free time had diminished to nothing. resentment in the person). Also, if some mem- Entrepreneurs and business consultants identify bers owned the business and others didn’t, a real this situation immediately for what it is — a fail- or perceived power issue could arise between ing business that’s actually in the red — but what could become the “owner class” and the many communities can’t see it. INTERNAL COMMUNITY FINANCES (CAN WE AFFORD TO LIVE THERE?) 157

This happens regularly at a rural income- to eke out a living of odd-jobs and part-time jobs sharing community I’ll call Cranberry Valley. Its and still try to make land payments, so having 20 members work at one or more community community businesses was part of their commu- businesses — installing slate roofs, processing nity vision from the start. They chose two busi- maple syrup for local stores, and operating a cof- nesses, Vermont Software Testing Group and fee house venue in town for local poets and Wordsworth Typing and Editing, specifically musicians. But the hours are grueling and the because they weren’t living in their permanent community’s newer members become exhausted rural location yet and both businesses were and demoralized. (And in what I call “communi- portable, and because any members with basic ty macho,” the long-time members remind them knowledge of computers could be trained as that it takes a lot of stamina to handle the inten- effective software testers. As we’ve seen, because sity of community life.) Someone finally does they didn’t get their desired rural land, the math and concludes that the coffee house Meadowdance founders bought a large house in loses so much money that everyone’s actually a town and launched their businesses from there. working for $2.00 an hour, and their outrageous- For the first two-and-a-half years, these busi- ly long hours are the result of trying to keep it nesses made barely enough to pay overhead and afloat. Eventually, the newer members propose marketing, house payments (mortgage, taxes, that Cranberry Valley cut its losses and close the and insurance), food and household expenses, coffee house so everyone can live normal lives gasoline and maintenance of shared cars, and a again. The founders and old timers don’t agree, tiny stipend for each member. Then the busi- saying that having a groovy coffee house was part nesses began taking off, and the community of the community’s vision from the beginning. could relax a bit. Even so, they consider these Then there’s a major exodus. The scene repeats two businesses less than ideal in some ways, since itself regularly with new groups of members sev- both involve sitting at a computer for long hours. eral months or years later. Now that they’ve purchased and moved to their Given these pros and cons of running a com- new property, they’ll found other community munity business, here’s how some communities businesses, says cofounder Luc Reid, which most manage it. And, although it’s unlikely that any of likely will be different in nature. Eventually they the members in these community-owned, work- may phase out one or both of their computer- er-owned, or individually-owned businesses will based businesses. ever get rich, or even perhaps earn a normal wage Meadowdance organized its income-sharing by mainstream standards, they’ve found a way to structure differently than other income-sharing live in a rural community and make a living communities. Income-sharing subcommunities, there. such as Skyhouse at Dancing Rabbit and Tekiah at Abundant Dawn, own their businesses 1. Income-sharing community-owned busi- through a 501(d) non-profit tax status and share nesses. Meadowdance founders were convinced one tax return, which gives them a definite tax from the outset that a significant factor in a new savings. (See Chapter 16.) But to retain that tax community’s success is whether people can status, members cannot work for outside busi- afford to join it. They didn’t want people to have nesses without sharing that income also, and any 158 CREATING A LIFE TOGETHER outside assets must either be put in trust or con- Liability Company), and taught themselves how tributed to the common treasury. Meadowdance to harvest trees sustainably, mill lumber, and wanted to make it easy for anyone with enough build houses. It was a steep learning curve for motivation and energy to be able to earn addi- many of them, as only two were carpenters, and tional income, and they didn’t want to discourage they went into fairly deep debt with private loans anyone from joining who owned investments, from other members for a portable band saw, a real estate, or savings. So they don’t own any dump truck, and other equipment. They are assets through the 501(d) non-profit, but own accomplishing their goals — clearing land, their property as a Vermont Limited Liability milling a surplus of lumber (and even finding a Partnership, and each business as a Limited way to use smaller-than-normal dimensional Liability Company. (See Chapter 15.) They file lumber for innovative building methods), help- one tax form for the Limited Liability ing build community buildings and members’ Partnership, and spread the tax burden among homes, and slowly paying off their debt. As of members equally. With this legal structure, as 2002, they were charging $16 to $25 an hour, long as members meet their internal work depending on equipment used, whether the requirements, they can work at outside jobs and work involves heavy machinery or logging, and do anything they want with outside earnings and whether the work is on or off-site. They use part other assets. of this for overhead and debts, and split the rest, Lost Valley’s Educational Center business is aiming for a $10 an hour wage. When they can’t organized differently again. Fifteen members pay themselves that much, they pay what they work full time or part time for the business, in can and credit the remainder to themselves for a administration and programs, consulting, future draw when the cash is available. Like accounting, promotion, gardening, or grounds OAEC and Lost Valley members, they’re not maintenance and repair. The base pay is $6.50 an getting rich, but they have found a way to make hour, with a seniority increase of 12.5 cents an money in a rural community and simultaneous- hour more every year, plus 65 cents an hour ly serve its long-term vision and goals. additional if the employee has children. Full- time wages range from $845 to $1,040 a month 3. Sole-proprietor businesses that serve the (and full time is 30 hours weekly). community. Dancing Rabbit also wanted to find ways to meet members’ needs and generate 2. Member-owned community-service co-ops. on-site incomes, so they formed the Cattail Eight Earthaven members decided to make a Food Co-op, which buys produce from several modest living on the land by addressing two of members with thriving vegetable gardens. The the community’s challenges — the need to clear food co-op collects money from members and forest on arable bottom land so the community orders food items from a natural foods whole- can grow enough food to feed itself, and the need saler that delivers monthly, but most of their for building materials and carpenters for com- funds go to the gardeners. In the April-October munity buildings and members’ homes. They growing season, one member works full-time formed a worker-owned co-operative, Earthaven growing nearly all the community’s vegetables Forestry and Building Company (as a Limited for the co-op. As of 2002, he was making a very INTERNAL COMMUNITY FINANCES (CAN WE AFFORD TO LIVE THERE?) 159 modest living by ordinary standards, but one Dancing Rabbit members pay $25 per month that works in Dancing Rabbit’s low-expense toward the land payment, and an annual assess- environment. Three other part-time gardeners ment of two percent of each member’s annual grow salad greens, herbs, and other edibles to income, plus food costs and, if they rent a space sell to the co-op. from the community or Skyhouse subcommunity, a rental fee of $70 to $150 per month. Keeping Member Assessments Affordable The monthly assessment for Abundant Dawn members for the land payment and other There are probably as many ways to assess mem- expenses ranges from $105 to $350 per month, bers for community expenses as there are com- depending on which pod (Tekiah or DaySpring munities. The total amounts vary widely, Circle) the member is part of, his/her assets and depending on the purchase price of the property monthly income, and other factors. In 2001, (for example, it’s considerably higher in monthly assessments averaged $176 per mem- California than in Missouri); whether it’s devel- ber, and this fee will go down somewhat as more oped, and to what degree; the amount of initial members join. If they rent community-owned costs (down payment plus repairs, renovation, or housing, Abundant Dawn members pay from development costs); the monthly land fee (loan $50 to $150 monthly. principal and interest, taxes, and insurance); the Lost Valley members pay a $250 monthly fee number of members who will split these costs; for utilities, taxes, insurance, maintenance, and and whether members will have equity in the loan payments, and $75 to $225 in rent for com- property. Table 7 on the following pages illus- munity-owned housing. trates some of these differences. Food costs are usually figured separately. At In each of the rural communities in the chart, Sowing Circle, Lost Valley, and Dancing the monthly land payments are affordable, given Rabbit, where members share food expenses access to nearby jobs. In the years 1995 to 1999, and eat together, food costs range from $100 to when they were still paying interest-only pay- $150 per person per month. Abundant Dawn ments on their three loans, SC/OAEC members members pay for their own food, but are paid $800 a month for the mortgage, taxes, insur- assessed $20 per month for bulk foods shared ance, utilities, repairs, maintenance, and further by the community. Meadowdance members pay development, which was reasonable in this rural nothing; their community businesses fund basic area near high-paying jobs. Now, after refinanc- expenses and pay each member a small stipend. ing, and with 11 members, they each pay $815 (See Table 7.) monthly ($515 in land payments; $300 in taxes, Joining Fees insurance, repair, and maintenance). The community’s operations expenses are not paid by Joining fees vary widely, and some communities, member assessments, but by their $70,000 annu- such as Meadowdance and Dancing Rabbit, al income from OAEC leasing their facilities. In don’t have them at all. The joining fee is $4,000 rural areas with few available jobs, and where the at Earthaven and $1,000 at Lost Valley. property doesn’t cost as much, the scale is lower. Abundant Dawn has no joining fee for individ- Earthaven members pay $15-$20 per month, and ual members, but each pod pays a one-time TABLE 7: INTERNAL COMMUNITY FINANCES

Community Founders’ Contribution Annual/Monthly Mortgage or Members’ Joining Fee Loan Payment Site Lease Fee

ABUNDANT DAWN Founders paid $1,800 each plus a $300 $13,416 yearly; $1,118 monthly. nonrefundable security deposit. Each Interest & principal to owner-financer. pod pays $5,000 to join Abundant Dawn. For Tekiah pod there’s no joining fee. For DaySpring Circle pod, new members pay $3,000 to $4,000 to reimburse DaySpring Circle founders for the pod joining fee for Abundant Dawn, and for DaySpring Circle’s infrastructure. No site lease fees.

DANCING RABBIT No required founders’ contributions. $20,750 yearly; $1,600 monthly. No new-member joining fee. (CRP payments pay about half this.) Interest & (now) principal payment to private lenders. Members build homes on leased sites.

SOWING CIRCLE/OAEC $20,000 founders’contributions. New (1995-2000) $37,500 yearly; members pay joining fee of $20,000+ $3,125 monthly. which reflects capital improvements and increased property value. Interest-only payments on three mortgages.

160 INTERNAL COMMUNITY FINANCES (CAN WE AFFORD TO LIVE THERE?) 161

Do Members Have Equity Annual or Monthly Weekly Labor Requirement in the Community Property? Member Assessment (excluding food) How Members Make a Living Housing Arrangements

PARTIAL EQUITY 9 members pay monthly land payment: No labor requirement but labor Undivided ownership of whole amount varies per member (ranging averages 10-12 hrs. per week. property; members lease sites. between $105-$350 per member), Members leaving after 3 years may be depending on pod, member’s assets & Few jobs locally. DaySpring Circle reimbursed 25% of their land pay- income, & other factors (average members work in on-site member- ments, starting w/their 4th year, at monthly fee in 2001 was $176). This Fee owned businesses, off-site jobs, or community’s discretion. will decrease somewhat as more telecommute. Tekiah members working members join. in pod-owned hammock business and Live in community-owned housing or off site jobs. owner-built homes.

NO EQUITY Annual assessment: 2% per member. 1.5 hrs labor/wk (75 hours yearly). Property owned as Land Trust through 16 members (2002) hold 20 leases total. 501(c)2 non-profit. Members lease Monthly site lease for home, garden & Few jobs locally. Members work in sites for $25 monthly. business sites: $25 per 2500 sq. ft. member-owned on-site businesses, jobs off site, telecommute, or work for Live in small owner-built cabins or the community. rent community-owned cabins for $50-$150/month.

EQUITY (1995-2000): 8 people. $37,440 yearly: 7 hrs week/average. Equal undivided interests in property. $3,120 monthly. $800 per person/month for mortgage, operating expenses, Good job market locally. Live in community-owned cabins. development, & maintenance. (2001+): 5 members work for OAEC (approx., 11 people. $67,980 yearly; $5,665 $1500/mo. take-home pay) or at monthly. $815 per person/month for off-site jobs. mortgage, development, & maintenance. (Operations paid by OAEC annual lease fees.)

Continued on page 162-163 (over) 162 CREATING A LIFE TOGETHER

Community Founders’ Contribution Annual/Monthly Mortgage or Members’ Joining Fee Loan Payment Site Lease Fee

EARTHAVEN Founders paid $10,000 ea. for site lease. $50,400 yearly; $4,200 monthly. Interest New members pay $4,000 joining fee & & principal to EarthShares fund. one-time site lease fee, which increases by $1,000 every year ($17,000 in 2002).

LOST VALLEY No required founders fees. Original property purchase loans are (One loaned money for acquisition and paid off; now pay $42,000 annually/ remodeling.) New members pay $1,000 $3,500 monthly interest & principal to joining fee. multiple lenders for further capital improvements.

MEADOWDANCE No required founders’ contributions; Mortgage on house in town: $5,196 some gave loans; some didn’t. yearly; $433 monthly. Property Taxes: No joining fee $4268 yearly; $356 monthly. Community businesses pay the mortgage.

$5,000 fee to be a part of Abundant Dawn. time the new person joins, even though no one Tekiah, Abundant Dawn’s income-sharing pod, is actually leaving. This amount is a combina- has no joining fee for incoming members, and tion of the $20,000 founder’s contribution, plus DaySpring Circle, its independent-income pod, the portion of the monthly loan payment that requires $3,000 to $4,000 per incoming member goes toward paying off the principal (but not to partially reimburse DaySpring Circle interest, taxes, insurance, repair, maintenance), founders for their $5,000 pod-joining fee and multiplied by the number of months (and years) expenses for their neighborhood infrastructure. the founder paid it at the time the new member The joining fee for new Sowing Circle/ joins. The joining fee is thus continually increas- OAEC members is equivalent to the amount ing; by 2002, it was close to $35,000. This may (adjusted for inflation) it would cost the com- seem high, but consider that 11 members own a munity to reimburse a departing founder at the property that by 2002 was probably worth 2.8 INTERNAL COMMUNITY FINANCES (CAN WE AFFORD TO LIVE THERE?) 163

Do Members Have Equity Annual or Monthly Weekly Labor Requirement in the Community Property? Member Assessment (excluding food) How Members Make a Living Housing Arrangements

EQUITY 55 members. 1500 hours labor in the member’s first Undivided ownership of whole prop- $120 yearly for operations; plus either 10 years (2 hour weekly minimum). erty. Members lease sites. Site lease $60 yearly facilities-use fee, or, for resi- fees $17,000 (in 2002). Leases may be dents who use community kitchen, Few jobs locally. Members telecom- sold to incoming members. $130 yearly facilities-use fee. mute, work for on-site forestry co-op, members’ on-site businesses; or at Live in small owner-built cabins. off-site jobs.

NO EQUITY 22 members pay $20 monthly fee for 10 hours’ labor weekly. Property owned as 501(c)3 non- shared infrastructure. profit. Each pays monthly rental fee, from $75- Few jobs locally. $225 monthly, depending on size and 13 members work for educational Members rent community-owned amenities. center business; others work at off- housing. site jobs.

NO EQUITY 7 members. Community businesses pay 45 hour weekly (including work in Community has option to financially all other expenses and give members a community businesses). assist departing members in setting small stipend. up new living arrangements. Members work for community businesses, though they may work at Live in community-owned housing. outside jobs if they choose. million. If new members paid a joining fee that monthly payments (in addition to their $815 was a proportional share of the property value, monthly mortgage payment, and food fees.) with 11 members it would be almost $255,000. These payments will reimburse the community When two new members joined the Sowing for cabin remodeling expenses beyond $20,000 Circle community (as partners in relationships per cabin. (See Table 7 above). with founders), they were responsible for the Housing Arrangements full joining fee, which at the time was about $31,000. The community used this incoming These can vary widely as well. Some communi- revenue to remodel two of the cabins so they’d ties provide housing, others rent housing, and at each be spacious enough for a couple. The new still others, members must build their own people each paid only about $20,000 of their homes. The monthly land fees at Sowing joining fee in cash and are paying the balance in Circle/OAEC confers the use of a community- 164 CREATING A LIFE TOGETHER owned cabin. Lost Valley members pay from $75 towards two of their private loans, and in 1999, at to $225 for community-owned cabins or housing the end of their three-year grace period from their units, and Abundant Dawn members pay from third loan, began paying about $2,750 a month. $50 to $150 for community-owned space As of 2002, with 16 members leasing 20 home, (although they can also build their own tempo- garden, and business sites, this wasn’t enough to rary or permanent housing, and/or bring in a make the payments, even with their annual temporary mobile home.) Dancing Rabbit mem- income of approximately $12,000 a year from bers can rent community-owned (or subcommu- Conservation Resource Program payments. But nity-owned) cabins for $70 to $150. Dancing this wasn’t a problem, since they’d planned from Rabbit and Earthaven members lease their indi- the beginning to run on a deficit budget until they vidual home sites, and must pay construction got enough members to lease enough sites, sup- costs for building their own individual or shared plementing their site lease fees and CRP pay- homes. Meadowdance members share the house ments with money from their development/con- they own together. tingency fund. As soon as they lease 30 sites, they’ll have enough monthly income, supplement- Site Lease Fees and the Debt Load ed by the annual CRP payments, to pay their Dancing Rabbit’s founders wanted to keep loans without dipping into any other sources.And expenses affordable, not only because of their with 40 sites, they’ll have enough for maintenance, values, but also because of the low incomes peo- repair, capital improvements, and so on. ple would likely earn in a rural area as remote as Earthaven’s site lease arrangement is quite theirs. So they set up their internal finances different. The founders raised the funds for without a joining fee, and assess members two their down payment and early development percent of their annual income every year. costs by paying one-time site lease fees of They also set up a system of site leases with $10,000 for roughly quarter-acre residential and a minimum of about 2,500 square feet per per- business sites. Some paid all cash, others paid son (an area corresponding to 50 by 50 feet, half down with monthly payments, and some enough for a small cabin and a garden), and leased both business and residential sites. The charge one cent per square foot per month, or next year, to pay off their owner-financers, they approximately $25 a month per leased site. refinanced, creating the EarthShares fund with People can lease more than one site, depending a series of small private loans from members, on the size of their household and how much founders, and supporters. space they want, and can also lease business and They intended to pay off the EarthShares gardening sites.They can also choose not to lease loans from additional one-time site lease fees as space, but rent community-owned housing well as joining fees from incoming members instead. The founders set it up so that regardless over the years. The site lease fees had to meet of the number of members or any change in their the following criteria. (1) They had to be low debt load, this low monthly assessment remains enough to be affordable, considering that mem- the same. bers would also pay a joining fee and construc- For their first three years, from 1996 through tion costs for building their homes. (2) They 1998, they paid slightly over $1,000 a month had to represent a reasonable value, based on the INTERNAL COMMUNITY FINANCES (CAN WE AFFORD TO LIVE THERE?) 165 increasing amount of community infrastruc- up. If members work at one or more community ture. (3) They had to be high enough to gener- businesses, that labor is included as well. ate enough annual income for Earthaven to Communities need to create a budget for meet its loan payments and maintenance proj- their labor needs, just they do for financial ects, and generate enough total income to even- needs. This important step is easy to overlook tually pay off the EarthShares fund and build all unless you realize that your members’ skills and the community’s planned roads, bridges, and energy are equivalent to money, and that each of community buildings. you will be responsible for a portion of labor to The founders met this challenge by planning help make the community viable. How much a population of 150 adult members, their esti- labor is required per person per week (or per mated carrying capacity of the land in terms of month, per year, or for the first ten years) — and food self-reliance based on 55 to 66 quarter-acre how you allocate it — depends on the number sites. They set the joining fee at $1,000, raising it and kind of tasks you hope to accomplish over the years to $4,000, and began gradually (building a road, remodeling a building, creating increasing the original site lease fee of $10,000. a bookkeeping system or a website, and so on), (As of 2002, the site lease fee was $17,000.) how many hours you estimate each task will They later added a compact site designation, take, your number of members, and when you’d roughly an eighth-acre for 60 percent of the full like to finish these tasks. If you don’t create a site fee, and are considering “common-wall” high- labor budget, you’ll be forever tempted to add density sites of housing units in apartment-like new projects and ask the community to allocate buildings with shared yards for half of the full- labor credit for them, leaving you wondering site fee When all potential sites are leased and why you have six half-done construction proj- the community is full, maintenance and new ects sitting around for years. development funds will come from members’ As with every other aspect of community monthly assessments, from annual fees from economics, labor requirements vary widely, shorter-term leases for business sites, and from mostly depending on whether or not the group is revenue-generating events and services for the developing raw land, how quickly the group public. (See Table 7.) wants to accomplish its goals, how much common space or common activities the group Labor Requirements shares, and how many members are splitting the Another source of wealth in a community’s work. Groups that cook and eat together usually internal economy is the labor it asks of each require a greater amount of community labor member on a weekly, monthly, or annual basis. than those in which members have their own Community labor tasks can range from con- kitchens. Among the communities we’ve been struction, maintenance, and repair, to house- examining, labor requirements vary from less keeping of common areas, bookkeeping, various than an hour a week to ten hours a week. Most clerical tasks, and answering correspondence. If communities include community meetings as the community grows its own food and shares all part of their labor requirements. At Lost Valley, or some common meals, labor tasks will also for example, four of the required ten hours week- include gardening, shopping, cooking, and clean- ly are for full-group or committee meetings. 166 CREATING A LIFE TOGETHER

As in most communities, Earthaven’s of work requirement called “Responsibility founders spent an enormous amount of labor Points” or RPs. Even though some RPs are con- creating their financial and governance systems ferred for oversight or supervisory functions and their physical infrastructure, and wanted to that don’t necessarily take up time, RPs are find a way for incoming members to match that. nevertheless equivalent to about 15 minutes So, in the late 1990s, they set up a system where- each. The community requires 180 RPs per by all members owe at least 1,500 hours’ labor in member weekly (about 45 hours), which has their first ten years of membership, which averaged at about 16.5 hours working at com- matches what most founders have already con- munity businesses and 28.5 hours working tributed. Although this averages out to about 3 non-business community activities per week. hours a week, Earthaven members can arrange Non-business activities include building main- their 1500 hours any way they like over the ten tenance, shopping, cooking, and cleaning, years, as long as they work a minimum of 50 learning and recreational activities with the hours a year, or pay the equivalent in cash, meas- kids, computer repairs, and management activ- ured at $7 an hour. ities such as dealing with taxes, insurance, pay- Abundant Dawn has a labor requirement ing bills, answering correspondence, and partic- but doesn’t require a specific number of hours ipating in whole-group meetings and commit- per week. They hold a labor review meeting tees (land search, work requirements, insur- every few months in which members let each ance, finance, and so on). other know what they’ve done since the previous Sowing Circle/OAEC’s labor system is also labor review. Feedback in these meetings can not based on required hours, but on require- include the observation that someone may be ments to accomplish different kinds of tasks in working considerably more hours than others, or various time periods (although the hours average asking someone to do more community work. out to about 7-10 a week). For example, with ten Their amount of labor is related to the need; currently active community members (at a com- during one period it averaged about 10-12 hours munity where they share all meals), each is per member per week. required to cook once in two weeks and do dish- Earthaven and Dancing Rabbit each set up es once a week, with an intern’s help. Every mem- internal currency systems (Dancing Rabbit ber and intern must do a basic housekeeping- “Hours” and Earthaven “Leaps”) for exchanging type task for the community listed on the goods and services with the community and with “Chore Wheel,” each of which takes three to six each other, and for keeping track of labor hours hours a month. Every two months they rotate owed to the community. Both currencies are the wheel and everyone gets a new chore. Every based on an hour’s labor valued at $7. member participates in two-hour community Meadowdance members observed that they meetings once a week, three-to-four-hour “deep engage in many kinds of work that cannot be check-in” meetings every other month, and half- measured in durations of time, such as taking day long-term planning sessions and half-day responsibility for a certain aspect of communi- work parties every few months. In addition, each ty life, or making sure other people are signed member is responsible for one of ten “work up for a particular job, so they made up a unit spheres” (for example, wildlands management, INTERNAL COMMUNITY FINANCES (CAN WE AFFORD TO LIVE THERE?) 167 finances, development and planning, mainte- (about $35,000 by 2002). Funds for each reim- nance), with two or three other members assist- bursement fee would come primarily from the ing, so every member is involved in several work joining fee of an incoming member, and would spheres. Each work sphere can take from a few not be available unless a new member joined. hours to many per month, depending on a work Earthaven members don’t have equity in the sphere’s requirements at the time, and how much strict sense of the term, since everyone owns all energy the member responsible for it wants to of the land (and its bylaws prevent it ever selling devote to it. (See Table 7.) the land for speculative gain). Members can, Every community we’ve studied depends for however, sell their site leases back to the commu- much of its labor on interns — people who work nity at the same price they paid, depending on for the community for several weeks to several the community’s financial health at the time, and months in exchange for room and board (and the community can lease that site to an incoming who sometimes pay a small amount for the expe- member at the current lease fee. Departing rience). Interns are an invaluable source of com- members can also sell their houses, and any munity labor — and often a source of potential other site improvements, to incoming members. new members as well. Departing Abundant Dawn members who have lived there longer than three years have the Building Equity possibility of partial equity in the property, If a community as a whole owns all the property depending on what the community decides at and no members hold title to their own lots or the time. If approved by the community at the housing units, it’s still possible for the members time, departing members would be reimbursed to build equity in the property — meaning they 25 percent of their monthly land payments for are reimbursed all or part of their founders con- every year they’d paid in after their first three tribution and/or land payments if they leave. years (minus certain adjustments), over the same Usually such reimbursements come from the number of years as they lived in the community funds of incoming members, often paid out in after the three-year mark. many installments over time. And even in those For example, if a household lived there five communities that aren’t set up for anyone to years and left, they’d be reimbursed 25 percent of build equity in the property, members may have the land payments they made in years four and equity in the home they’ve built, or in other five in payments over a two-year period. There’s improvements to their site, which they can usu- no profit on the 25 percent equity reimburse- ally sell to other members before leaving, ment, even though the property value will have depending on the community’s agreements. increased, but the amount is adjusted for the cost Sowing Circle/OAEC members have equity, of living. If the departing members had built a but it’s tied to how much they’ve paid in, not to home, they could sell it to incoming members. property value. As described above, departing Departing members of Lost Valley and members would be reimbursed their founder’s Dancing Rabbit aren’t reimbursed any part of contribution and the total amount of principal their assessments, but if they’ve built homes, they’d paid in monthly payments for all the they may sell them to incoming members. months they’d lived there, adjusted for inflation Departing Meadowdance members also receive 168 CREATING A LIFE TOGETHER no reimbursements, since they didn’t pay into At one end of the affordability scale they assessments for expenses (profit from businesses found a 25-year old community whose founders paid for this) or for building homes or housing had long ago paid off and developed the land and units, as they intend that profits from the busi- weren’t seeking reimbursement. Members lived ness will pay for members’ homes also. However, in small, rustic cabins without water or electrici- depending on what the community decides at ty, and shared meals and took showers in a cen- the time, departing Meadowdance members may tral community building. The community want- be given financial assistance to help them get set ed to make living there affordable enough so up outside the community. If the departing members didn’t have to work at outside jobs, so members loaned the community money, loan- there was no joining fee, a nominal monthly fee repayment priorities will be shifted in order to for room and board, and an 18-hour weekly reimburse them sooner. (See Table 7.) work requirement. To discourage new members The combination of these assessments and from starting construction and then leaving fees, and issues of equity, helps determine not behind a half-built building, the community was only how easily you can live in your community, considering requiring a $10,000 bond from new but also how attractive you may be to potential members planning to build, to be returned to new members. them when the house was built. And if members left, their home would belong to the community. Can People Afford to Join You? But mostly Patricia and John found commu- In the late 1990s, Patricia Greene and John nities at the other end of the affordability scale. Charamella wanted to find the right community One had a $80,000 joining fee, as well as month- to join. As experienced communitarians, they ly payments for overhead. Another community assumed this would be reasonably easy financially, looked reasonable — at first. It was $5,000 to since they were debt-free and could sell their join, with a $250 per person monthly mortgage home for more than enough to pay a joining fee assessment. Because members shared meals and and build a modest house, and they could trans- took showers in a central community building, plant their tile-laying business anywhere there Patricia and John figured it would cost about were enough potential customers. They were $25,000 to owner-build a small home without seeking a community in which members had utilities. But when they added the $5,000 joining independent finances, in a rural area with no to fee, a $25,000 home-building cost, and $250 for low zoning and building codes. They assumed each of them monthly, after 10 years they would they’d pay from $10,000 to $15,000 in joining fees have paid $90,000, after 15 years, $120,000, after and site-lease fees or the right to build on a foot- 20 years, $150,000 — all with no equity. print of land, and about $40,000 to build a house They liked a third community immensely. with their own sweat equity. But after researching The joining fee was a modest $1,200-$2,400 slid- communities on the web, and by e-mailing and ing scale. The property was paid for, so there was phoning communities and taking several extend- no mortgage assessment. The monthly fees were ed trips to visit the most promising ones, they $100 to $150 per person rent for one or two ended up wondering whether the average commu- rooms and the use of all common facilities, and a nity seeker could afford to join any community. $600 per person monthly assessment for food, INTERNAL COMMUNITY FINANCES (CAN WE AFFORD TO LIVE THERE?) 169 health insurance, community utilities and main- ments and building infrastructure. And part of tenance. If they lived there without building, this attractiveness is whether or not your com- they’d pay $1,450 a month for both of them for munity allows members to build any equity they three rooms, food and insurance. To build, they’d could take with them if they left. pay a one-time non-refundable infrastructure fee The Internal Community Finances chart of $15,000, which went towards the community’s illustrates the relative financial ease of joining maintenance and development of roads, water some of the communities described in this book. systems, and the off-grid power system. Added Newcomers to Dancing Rabbit, Abundant to this was approximately $40,000 to owner- Dawn, and Earthaven would need to bring their build their house. The work requirement was 15 jobs or sole-proprietorship businesses with them hours a week. But then they did the math. They or find a way to make a living in a rural county. figured what they’d pay over 10 and 15 years, and Their highest expense would be the one-time what they’d get, deducting what food and health cost of building a home, which they’d need to do insurance would have cost if they’d paid it on with their own funds or private loans (or a bank their own, and realized that the exceptionally loan if they had other property or assets as col- high work requirement would prevent them lateral). Building a home would most likely cost from either building their home quickly, or from more at Earthaven, since members need to clear being able to work much outside and generate and grade their sites and set up off-grid power as any savings. Coupled with the fact that they’d well as build homes. If newcomers to Lost Valley have no equity in the property, it just wasn’t didn’t work for the conference center business worth it. they’d need to find a way to make a living in that Patricia and John’s experiences illustrate how rural setting as well. your community’s internal finances can attract or repel the new members who could make your land payments more affordable. You’ll need to create a balance between how affordable and In Chapters 15 and 16 we’ll return to some of the attractive your community may be, and how most basic tools for growing a community — much revenue and labor you’ll need from each legal entities that help us buy, finance, develop, member to finish paying off your property pay- and own property in accordance with our values. Chapter 15 Legal Entities for Owning Property

HOPE IT’S ABUNDANTLY CLEAR by now that 2. Will this legal entity (and the way you hold Iyou should set up the legal entity for owning title to land) allow you to choose who will property before beginning the search. Choosing join you as a member? the right one for your community is a process of 3. Will this legal entity offer liability protec- assessing available legal entities in terms of sev- tion? For the group? For each of you as indi- eral different issues that will affect your commu- viduals? nity’s functioning and well-being. You’ll need to 4. Will it allow members to build equity in the consider issues such as how you’ll hold title to community, and take all or part of it when land, property rights, financing options, mem- they leave? bers’ liability, tax consequences, and how attrac- 5. How would this legal entity influence banks tive you’ll be to new members. Not every legal or private lenders in deciding whether to refi- entity will be ideal in every area, so you’ll need to nance a mortgage or make a construction analyze them for the best balance of benefits in loan? For the community? For individual each of these areas. members? Of course, you should seek the advice of a 6. Does this legal entity allow the community lawyer you trust about these matters. This book to assign its own criteria for decision mak- does not presume to offer legal advice, but rather ing, in terms of how decisions are made and to describe how some communities deal with who can make them? (See below.) these issues. 7. Does it allow the community to determine the relationship between the amount of Checklist for Choosing a Legal Entity members’ financial contributions and their Here’s a checklist for the legal entities you’re ownership rights? Between their contribu- considering (based on a checklist created by tions and their decision-making rights? Dave Henson, cofounder of Sowing Circle/ 8. How will your community collect contribu- OAEC). tions from members (joining fees, site-lease fees, periodic assessments)? And what will 1. How will your community hold title to the be its expenses (mortgage payments, proper- land? Will this legal entity support it? ty taxes, property insurance, maintenance,

170 LEGAL ENTITIES FOR OWNING PROPERTY 171

capital improvements)? How will your legal ing both influences and is influenced by the legal entity treat this income and expenses for tax entity you choose, and different legal entities purposes? resolve these issues differently. Let’s look at 9. Will your members share incomes? If so, will some of the ways your community could do it be from profits of community-owned busi- this. nesses, from earnings of outside jobs, or Buying Raw Land both? What kinds of member expenses will be paid by the community? How will your • Like Dancing Rabbit, you could buy legal entity treat your shared income and property and lease individual homesites expenses for tax purposes? to members for quarterly or yearly lease 10. How easy will this legal entity be to set up or fees. Or, like Earthaven, you could use 99- manage over time? How vulnerable is it to year renewable, transferable leases and changes in the law, or to IRS or other govern- receive substantial fees for homesites, mental scrutiny? How much are annual filing almost like “buying” the sites. fees? • You could assign homesites to members 11. How easy would it be to make changes in without using leases at all, but assign this legal entity’s controlling documents, or them based on your members’ equity con- to manage the legal and ownership implica- tributions. Let’s say you had 10 member tions of people joining or leaving? households who each contributed 12. Will this legal entity restrict your group from $30,000 to buy a $300,000 property, and engaging in political activity? you designated a five-acre homesite for each. Or , if you got private financing or a While these questions may seem technical, bank loan to buy the property, you could their answers reflect your community’s basic assign yourselves the same homesites and values. So the questions underlying all these each pay an equal portion of the mort- other questions are: Does this legal entity gage. inherently support your community’s vision, • In any of the above scenarios, each of mission, and values? Does it support your own- your member households could pay the ership, financing and decision-making struc- construction costs for their own houses. ture? Then you’d each own your homes but not Let’s explore some of these questions. the ground beneath them. How You’ll Hold Title and Arrange • The community could front the con- Members’ Use Rights struction costs for each house, with mem- There are probably as many ways to organize bers leasing or renting their houses from land ownership and use rights and finance con- the community until they’d paid off the struction of homes in community as there are community’s construction costs plus communities. You need to think about these interest. Then you’d own the homes, but issues now, before buying property, because your not the ground beneath them. method of land ownership and internal financ- 172 CREATING A LIFE TOGETHER

In all the above cases, if members left, they • Like Lost Valley, you could each rent could sell their portion of equity in their houses already-existing community housing, to incoming members. with money you received for working off- site or at a community business. • As Meadowdance intends to do, the com- • Like Abundant Dawn, you could rent munity could pay construction costs to already-existing community housing or build housing for members, with mem- build your own temporary or permanent bers working at community-owned busi- housing that you’d then own individually nesses and receiving a small stipend. No (but not the ground beneath it). member would own their own home, but • Like Meadowdance (currently), you all members own everything. could all live in a house your community • Each member household could loan your owns. community the money to build the • Like Mariposa Grove, you could create a homes, and trade the construction cost limited equity housing co-op and each plus interest for as many years of free rent own a share of the whole property, with a as it took to pay off each member house- lease that allows you to live in “your” hold’s loan. After the loan was paid off, housing unit. you’d pay rent for the use of community- owned housing. • You could arrange two or more of these methods in combination. • You could subdivide the property, and individual member households could hold How you decide to arrange your ownership title to their own lots. If you had 10 mem- and use rights affects how attractive your com- ber households and bought 50 acres, for munity may be to potential members, how you example, you could split it into 10 five-acre can finance building your homes, and how much lots, or into 10 three-acre lots and share control you have over your membership process. ownership of the remaining 20 acres. • In the same circumstances, you could cre- Attractiveness to Members ate a cohousing community, with each How you own land and apportion use rights will member household owning title to its affect whether and how members may recover all individual lot and housing unit, and or part of their equity if they leave the commu- everyone sharing ownership of all the rest nity, or if the community disbands. If you set of the property and all common facilities. things up so that it’s relatively easy for members to recover equity from, say, site lease fees or con- Buying developed land struction costs, you’ll attract members more eas- • Like Sowing Circle/OAEC, you could ily. And thus, whichever legal entity you choose each live in already-existing community will make this particular choice of land owner- housing, with your individual monthly ship and use rights easier or more difficult to land payments conferring that right. execute. LEGAL ENTITIES FOR OWNING PROPERTY 173

Affordability of Building New Housing On the other hand, the buyers of property for sale in a community may be self-limiting, as Your choices about ownership and use rights will many cohousing communities have found. also affect how affordable your members’ hous- Relatively few average home buyers are interesting might be if they have to build their own ed in buying homes in cohousing communities; homes. For example, if your members held title usually, incoming members who buy the homes to their own plots of ground or individual hous- of departing cohousing members are interested ing units, they could seek mortgages or construc- in cohousing themselves, and it tends to work tion loans, but if your whole community owns well for the community and the new residents. the land, your members could either pay cash to But not always — and when it doesn’t work out, build their homes, or get private loans with other there’s nothing the community can do about it. property or assets as collateral. As you can see, how your community holds Control of Your Membership Process title to land can cause a trade-off between afford- Your choices about ownership and use rights able housing and control over membership. will also affect how much control your com- Again, you must think about this now so you can munity may have over who joins you in the choose a legal entity that meets your needs in future. If your members hold title to their own these areas. plots of ground or individual housing units, Organizational Flexibility but to get members you offer these plots or housing units on the open market, you may The legal entity you choose will also impact your have to sell to any interested buyer who can internal agreements about finances and rights and meet your terms. Thus, you have little control responsibilities. For example, if each member puts over who joins you as members. And even if in differing financial contributions, do they have someone leaving your community didn’t intend different rights and responsibilities in terms of their property for public sale, but to be sold paying taxes, responsibility for maintenance and only to incoming members who’ve gone repairs, liability for debts and damages, enjoyment through your member-screening process, the of the land, choice of homesite, tax-write offs for government may assume otherwise. The tax-exempt expenses, and decision-making? Federal Fair Housing Act was enacted to pro- Whichever legal entity you choose will affect tect buyers from discrimination, so that sellers your freedom to determine these issues your- can’t refuse to sell to a qualified home buyer on selves. A Limited Liability Company (LLC), for the basis of race, gender, age, religion, or example, allows you to arrange these matters any national origin. If you decline to sell your com- way you like, as long as you spell it out in your munity home to a qualified buyer who is not a operating agreements when you file with your community member, would a court say you are state. State regulations for various kinds of cor- you breaking the law? Several real estate porations stipulate how you must organize these lawyers have told me that the penalties for issues, although in some cases you can create breaking this Act, or even being accused of internal community agreements that apportion intending to break it, are so swift and devastat- these rights and responsibilities differently than ing that they advise against testing it. your state’s default requirements. 174 CREATING A LIFE TOGETHER

How You’ll be Taxed rations (which have no special IRS tax status), with advantages and disadvantages of each and How you set up the internal finances of your examples of communities that use them. community will affect the amount and kinds of Chapter 16 gives brief descriptions of non- income your community receives, which will profit 501(c)3 corporations (especially in con- affect how you’ll be taxed, depending on your junction with separate land-owning legal enti- choice of legal entities. Since a community isn’t ties), 501(c)2 non-profits, land trusts, usually a for-profit enterprise, what are sources Community Land Trusts, and 501(d) non-prof- of community “income” that could be taxed? its, again with pros and cons and examples of 1. Fees collected from members for mainte- communities that use them. nance and repair of the community’s land The information in this chapter and in and buildings, income taxes and property Chapter 16 is simply an overview, and not meant taxes, and insurance. as a replacement for your own further research 2. Fees collected from members for mortgage — through additional reading (see Resources), payments or other loan payments. talking with other community founders, and the 3. Fees collected from members and saved for advice of your group’s attorney. longer than a year, such as for maintenance Having said that, let’s start with a basic defi- and/or capital improvements, or savings for nition of a corporation. any possible future use. Overview: Corporations and Non-profit 4. Rental or lease fees for community buildings Corporations or land, from community members or non- community members (the IRS can tax these Corporations. A corporation is a legal structure income sources differently). that, like a person, can enter into contracts, buy 5. Income from the sale of products, such as and sell goods and services, borrow money, and timber, firewood, or agricultural products, or pay taxes. It is considered an entity distinct from the sale or lease of rights to products, such as the people who own or operate it, so that any water, mineral, or timber rights. criminal charges, business claims, or lawsuits can 6. Interest from loans to members, such as be filed against the corporation but not against when the community allows members to pay its owners,directors,officers,employees,or site leases or housing lease fees through shareholders. They have “limited liability” and monthly payments. cannot be held personally liable for the corporation’s debts. (It’s “limited” rather than zero liabil- You may want to estimate your likely ity, because if the corporation is found to be amounts of income from these sources ahead of operating solely so its owners can dodge taxes or time, and factor the taxation of that income into break the law, the courts can prosecute them per- your choice of legal entity. sonally and/or attach their personal assets.) This chapter offers brief descriptions of Corporations are organized at the state, Limited Liability Companies, homeowners’ rather than the federal level, and are therefore associations, condominium associations, housing regulated by the state. A corporation is created cooperatives, and non-exempt non-profit corpo- by filing articles of incorporation, paying the LEGAL ENTITIES FOR OWNING PROPERTY 175 state’s fees, and preparing bylaws and other documents with a particular state — the docu- required documents. A corporation can be ments for a non-profit corporation will be formed for any lawful purpose, and most can slightly different from those for a for-profit cor- issue shares of stock to people (shareholders) poration. Exemption from income tax is deter- who invest money or property in the corporation mined at the federal level. or provide it with some kind of service. Shareholders receive money back on their invest- Exempt non-profit corporations. The IRS offers ment when the corporation declares and pays approximately 20 different non-profit tax-exempt dividends, or if any assets remain when the cor- status types. Some of these the group can simply poration is dissolved. One way of distinguishing select each year, such as Section 528 for a home- types of corporations is by how they pay taxes; two of the most common taxation systems are C corporations and subchapter S corporations. SOME BASIC TERMS Limited liability. The protection offered by a corporation Non-profit corporations. Also called non-stock (for-profit or non-profit), which means the personal corporations, non-profits are a special kind of assets of the shareholders, founders, board members, corporation organized to benefit the public or a officers, or employees are not vulnerable to most debts certain group of people, rather than to make a or lawsuits filed against the organization. profit. No income from a non-profit corporation may be distributed to its members, directors, or Double taxation. In a for-profit corporation such as a C officers, although it can pay its employees rea- corporation, any taxable income which is paid to its sonable wages or salaries, and sometimes its offi- shareholders as dividends will be taxed twice: once at cers are paid employees. the corporate level, at a rate of at least 15 percent; and Corporations intended to be non-profit must again when individual shareholders pay taxes on those be so designated when they’re created, and can dividends. only pursue activities permitted by the statutes for non-profit organizations. Like other corpora- Pass-through tax status. A taxation method used by tions, non-profits can enter into contracts, have partnerships, limited liability companies, and subchapter employees, pay taxes, and borrow money. While S corporations, in which the legal entity pays no taxes a non-profit corporation is accountable to credi- directly. Any taxable income (or loss) is divided up and tors and any lawsuits, its founders, directors, offi- passed to its partners, members or owners, who pay cers, and employees are protected by limited lia- taxes on the income (or deduct the loss) on their person- bility. al income tax returns. The purpose of pass-through taxa- Non-profit corporations don’t issue shares of tion is to avoid the double taxation of most for-profit cor- stock or pay dividends, and don’t have sharehold- porations. Pass-through taxation is a favorable tax method ers. (Exceptions are certain hybrid corporations in circumstances in which a legal entity would pay divi- such as cooperative corporations used by certain dends which would be taxed at both the corporate and kinds of co-ops, including housing co-ops.) individual level, and in cases in which the individual tax Like any other corporation, a non-profit rate would be lower than the corporate tax rate. corporation is created by filing the required 176 CREATING A LIFE TOGETHER owners association, while others, such as Section ber pays a monthly fee for community expenses, 501(c)3, must be petitioned from the IRS, and including the property’s mortgage and other involve filling out many documents and awaiting land-purchase loans. Because they own their the IRS’s approval of this requested status. land this way, they can control their membership process. Non-exempt non-profit corporations. When a An LLC could also be used to own the orig- group files with the state to form a non-profit cor- inal property that a community later subdivided poration, but doesn’t apply for or choose any tax- into individually owned plots for members, exempt status with the IRS, it could be called a which would allow those members to seek mort- non-exempt non-profit. A non-exempt non-prof- gages or other bank financing for building it pays taxes just as any other corporation. homes. If so, the community would no longer be Now let’s examine five types of legal entities able to control who joined them. used by communities to own property. Each Sowing Circle member, through their monthly payments, is building equity in the Limited Liability Companies (LLCs) community, most of which they can take with The founders of Sowing Circle/OAEC set up them if they leave, but only if a new member two legal entities and a lease to support their buys into the community, with the new member intentions and goals. They own their property paying off the departing member. However, a with a Limited Liability Company (LLC), community owning property with an LLC could which, like a corporation, offers its owners limit- certainly retain ownership of all the equity a ed liability.They operate the OAEC with a non- departing member had paid into the community, profit 501(c)3 corporation, which leases the or of any dwelling the departing member built. property from their LLC. An LLC’s members can decide such matters any Advantages of LLCs way they like, as long as their policy is stated in the documents they file with the state, which is A limited liability company offers limited liabili- called an operating agreement. ty just as a corporation does, and pass through Sowing Circle’s founders included their most tax benefits, just as a partnership does. (It has far important agreements in the operating agree- fewer requirements than a subchapter S corpora- ment — their vision, mission, and goals; how tion, as well; for example, there’s no limitation on they will operate; how they will share ownership the number of owners.) As in corporations and interests, profits, losses, rights, responsibilities, partnerships, people put their money in the LLC and liabilities; how they might sell any owner- and receive a percentage of ownership interest in ship interests back to the community; and what return. A relatively new legal entity, the LLC was procedure they would use to disband the com- first introduced in 1977, and became more wide- munity and dispose of its assets. An LLC usually accepted after an IRS ruling in 1997. Now it’s ly costs more than a partnership to set up, and recognized in all 50 states, though its regulations unlike with partnerships, requires paying state differ somewhat from state to state. filing fees. Sowing Circle’s LLC owns all the land, and As mentioned earlier, an LLC is consider- individual members live in its cabins. Each mem- ably more flexible than other legal entities. For LEGAL ENTITIES FOR OWNING PROPERTY 177 example, in an LLC the amount of ownership Disadvantages of LLCs interest per member need not match the actual Pass-through taxation is only beneficial to indi- amounts of money contributed by each member, vidual members if they’re in a 15 percent or but can be apportioned any way the group decides. If six members each put in $20,000 and seven put in $5,000, all 13 members could WHY NOT USE A PARTNERSHIP OR A receive equal ownership interest, equal decision- SUBCHAPTER S CORPORATION? making rights, equal distribution of annual A partnership offers pass-through tax status, and unlike an profits and losses, and equal shares of assets if LLC, a community organized as a partnership can accu- the group ever disbanded and sold the property. mulate savings over the years without having to pass the Or, the 13 members could have ownership tax liability for such “profit” onto its members. But a part- shares in proportion to their financial contribu- nership offers no limited liability, and any partner can act tions, but their decision-making rights could on behalf of the whole partnership — including signing still be equal. An LLC can also allow different contracts and borrowing money for it-and such contracts kinds of decision-making rights for different or debts are binding on the partnership as a whole, even kinds of members. For example, a community if no other partners agreed. Thus all partners are jointly could have supporter/members who invest a and severally liable, which means each partner is liable certain designated amount of money but don’t for all the debts and liabilities of the partnership. A cred- live at the property, and resident/members who itor or the plaintiff in a lawsuit can go after all of the mem- do live there. Supporter/members could be bers, or single out only the richest member, to collect the involved in decisions that affect land value but debts of or the court-mandated damages against the not day-to-day decisions, which could be limit- whole community. ed to resident/members only. If members do Subchapter S corporations, created for small busi- decide to apportion their rights differently than nesses, were more commonly used before LLCs came the amounts they each invest, or have several onto the scene. Most communities which would have kinds of membership, they should state this previously chosen an S corporation (such as many clearly in their operating agreement so the IRS cohousing communities) now use an LLC instead. An S won’t contest it later. corporation offers limited liability and pass-through tax Like a corporation, an LLC must prepare status, but has more rules and regulations than an LLC, and file organizational documents with the state, especially in terms of taxes, and is more complex to pay filing fees, and adopt operating rules that administer. It wouldn’t work for a large community, as S outline the basic legal requirements for operating corporations can have no more than 35 members. under state law. Unlike a corporation, LLC s are “I’m not aware of any reason to form an S corporation not legally required to keep minutes, hold meet- over an LLC,” says Sowing Circle/OAEC cofounder Dave ings, or make resolutions. An LLC passes its tax- Henson. able income and tax-deductible expenses on to For more information about partnerships, limited each member; however, an LLC can also choose partnerships, and other legal entities communities tend to be taxed like a corporation to save tax costs in to choose less often, see the author’s website certain situations. . 178 CREATING A LIFE TOGETHER

lower tax bracket, (the same as corporate taxes). Homeowners Associations — Tax For any members with middle-class incomes, Advantages (and Disadvantages) however, their tax rate would likely be 27.5 or 30 In Colorado’s brilliant sunshine, a few miles east percent, almost twice the corporate rate. Also, of Boulder where the Rockies meet the plains, is the IRS will consider any savings the LLC accu- Nyland Cohousing. With 42 two-story town- mulates by the end of the year to be “profit,” and homes, each painted a different brilliant color, the tax liability for these funds must be distrib- Nyland is one of the largest cohousing commu- uted (“passed-through”) to each member that nities in the United States. Members share a year.

COMMUNITY ASSOCIATIONS AND INTENTIONAL COMMUNITIES

Community Associations (also known as “common subdivisions and multifamily developments, and are interest community associations” or “master planned used by the residents to own and manage their shared communities”) are generic terms for ways people can property together. Intentional communities can use own shared property together. They include: these forms of property ownership as well. Community associations are required to have a 1. Homeowners associations, also called “planned board of directors, regularly elected officers, and communities” or “planned unit developments,” or, annual meetings, and, through an elected board of by the IRS, “residential real estate management asso- directors, make decisions about the operations of the ciations,” generally own the common areas of the association. Typically, either the board of directors property. manages and maintains the common property, or they hire a manager or management company to do it for 2. Condominium associations own no property, but them. In most real estate subdivisions or multifamily have a responsibility to manage and maintain all of the developments, the residents don’t get involved in the common elements; that is, all property outside the day-to-day aspects of management. When intentional interior walls of the individual housing units. communities use a community association for property ownership, quite often all members are on the 3. Cooperatives, more commonly called housing board and use that as the body for governing their co-ops, own the property, while residents own community. Whether an intentional community choos- shares in the housing co-op and lease their individual es a homeowners association, condominium associa- units from it. tion, or housing co-op depends on the approvals Community associations are regulated at the state and/or requirements of the state and/or the local plan- level, and laws vary from state to state. What is called ning department, what kinds of terms banks might a homeowners association in one state may be called offer, or how readily available financing might be in a planned community in another. Community associa- that state. Financing for housing co-ops is less avail- tions are usually set up by developers of real estate able, and usually costs more than financing for either homeowners or condominium associations. LEGAL ENTITIES FOR OWNING PROPERTY 179 large wooden common house, a woodworking Earthaven’s homeowners association with 99- shop, a large organic garden, and acres of com- year leases. All full, active members are members mon land. As in most cohousing communities, of Earthaven Association’s board of directors, people hold title to their own housing units and and, as such, decide all community-wide issues. the ground beneath them. Nyland’s 135 resi- Creating a homeowners association requires dents share ownership in the rest of the proper- forming a non-profit corporation. But rather ty as a homeowners association. than petitioning the IRS for a particular tax- While laws for homeowners associations vary exempt status (such as when seeking a 501(c)3 from state to state, in general they require that (1) tax status), each year the community simply files the homeowners association owns the common under IRS Section 528, which means they can areas such as pathways, parking areas, clubhouse either pay taxes as a homeowners association facilities, and so on, and (2) all owners of housing and receive certain tax advantages, or pay as a units must be members of the association and regular for-profit corporation. (The IRS 528 tax pay regular assessments for the maintenance and status is different from the 501(c)3 non-profit management of its common areas. Intentional tax status used by educational, charitable, or reli- communities can also use homeowners associa- gious organizations to receive tax-deductible tions, primarily because (1) they are recognized donations. And, unlike a 501(c)3, if a homeown- legal entities for owning shared property and get- ers association disbands and sells its property, ting bank financing for individually owned hous- there’s no IRS requirement that the assets be ing units, and (2) some states and municipalities donated to another non-profit; the assets are dis- require that a group intending to have individual- bursed to the property owners as in any other ly owned housing units and shared common business.) areas organize as a homeowners (or condominium) association before its development plan will Financing advantages — sometimes. Banks and be approved by the city or county. other lending institutions are familiar with Some cohousing communities, such as homeowners associations and are willing to loan Sonora Cohousing in Tucson, Arizona, have to them when they are used in the typical way, arranged that residents are automatically mem- with each household holding title to their indi- bers of the homeowners association’s board of vidual housing unit and sharing ownership of directors, and decide all community matters, not common elements with other residents. Thus, just those of property maintenance, in their reg- homeowners associations are advantageous to ular community meetings. Others, such as cohousing residents, who can seek mortgages for Nyland Cohousing, set it up so that members their individual housing units and recover their elect a separate board of directors for their equity if they leave the community. But home- homeowners association, but all community owners associations don’t offer this advantage members are still part of the whole group’s deci- when a community uses it to own all their prop- sion-making body. Earthaven uses a homeown- erty in common, like Earthaven does. Since no ers association to own its entire property. Unlike Earthaven members hold individual title to their in cohousing, members don’t hold title to indi- homesites, no one can use a homesite as collater- vidual homesites, but lease them from al for a bank mortgage, and so homes must be 180 CREATING A LIFE TOGETHER built with existing assets or personal loans. (This Organizational control and flexibility. is not a disadvantage of homeowners associa- Technically homeowners associations (and con- tions in general, but a result of Earthaven mem- dominium associations) don’t have as much flex- bers not owning individual homesites.) ibility in internal agreements about decision making or what degree decision making may be Membership control. However, when a commu- tied to the amount of each member’s equity in nity such as Earthaven uses a homeowners asso- the property. Like all organizations that create ciation to own all of its own land, and leases non-profit corporations with the state, home- rather than sells its homesites, it is free to choose owners and condominium associations must cre- its members. (Again, this is not because of the ate bylaws which describe the organization’s homeowners association, but because homesites overall operations and how it makes decisions, are leased to members rather than sold.) But in and use the state-mandated boilerplate language cohousing communities, individual housing for these bylaws, which stipulate one vote per units are sold on the open market (one of the housing unit. However, real estate lawyer requirements for bank financing), so the com- Carolyn Goldschmidt has helped several munity as a whole has no actual control over Arizona cohousing communities overcome this who joins them. The Federal Fair Housing Act limitation by adding a paragraph to the bylaws prohibits discrimination in the sale of real estate, empowering the association’s board of directors and most cohousing communities I’m aware of to create a policy manual that outlines their deci- have been advised by their lawyers to sell to sion-making and other internal agreements. whomever can meet the terms of sale. However, Then the policy manual, not the bylaws, people buying in to new cohousing projects and becomes the community’s flexible, easily changed through resales into existing cohousing commu- document, which, if they like, can stipulate that nities tend to be self-selecting — only those with they use consensus decision-making and other a fairly strong interest in the cohousing concept matters of community choice. and cooperative decision making are willing to get involved in a lifestyle so unorthodox by main- Tax advantages — and disadvantages. With a stream standards. homeowners association, all income collected in any given year for acquiring property, construc- Member equity. A member household leaving a tion, or managing or maintaining its physical cohousing community using a homeowners infrastructure, is tax exempt. But using a home- association simply sells their housing unit and owners association can also result in a tax liabil- recovers their equity. People leaving a communi- ity, because the income and expense categories of ty that uses a homeowners association like intentional communities often don’t fit the cate- Earthaven does can recover their equity by sell- gories the IRS created for the mainstream housing their site leases back to the community ing developments that homeowners associations (which resells them to incoming members) and are typically used for. In order to get the special sell their home and other site improvements to tax breaks of a homeowners association in any the incoming members. given year (rather than being required to pay taxes as a corporation), the community must LEGAL ENTITIES FOR OWNING PROPERTY 181 meet the “60 percent test” — at least 60 percent wouldn’t matter, as it would be a break-even sit- of that year’s gross income, known as “exempt uation. But if the community had capital expens- function income,” must come from members’ es that couldn’t be deducted that year, but which dues, fees, or assessments for maintaining and had to be depreciated over several years, or if it managing that physical infrastructure. And it wanted to save money for future capital expendi- must meet the “90 percent test” — at least 90 tures or maintenance that wouldn’t be offset by percent of its expenses that year must be for the expenses in the current year, it would not be a acquisition, construction, management, mainte- break-even situation, and the community would nance, or other operating costs of its physical have to pay as a corporation. infrastructure. But intentional communities Stuart Kingsbery, a CPA and tax lawyer, and aren’t just about physical infrastructure. A com- Pam Ekrem Vogel, an accountant, examined var- munity, unlike a suburban housing subdivision, ious alternatives to this situation in Cohousing might have other sources of income; for example, magazine (Winter, 1995). A community using a from a members’ shared meal program, a child- homeowners association could form a second, care program, rental or lease income, income for-profit or non-profit corporation as a sub- from the sale of firewood or building materials, sidiary, through which it conducted all com- interest on loans to members, or grants or dona- munity activities not involved with physical tions earmarked for an education program or infrastructure — a food program, childcare capital improvements. program, educational grant program, and so on. And here’s the first tax disadvantage: all of (If the subsidiary corporation was for-profit it these sources of income are taxed at a flat 30 per- presumably would not pay taxes because it cent. And the second: if these sources total more would break even, with any income being rough- than 40 percent of that year’s income, it will ly equal to any expenses.) reduce the community’s non-exempt function If the community used the subsidiary to rent income to less than the required 60 percent and out space, the rental income would be taxable to the community won’t be able to pay taxes as a the homeowners association, and should not homeowners association — with exempt func- total more than 40 percent of its income. In tion income — and must pay as a corporation. order to satisfy the IRS, the subsidiary corpora- And, if more than 10 percent of its expenses tion must have a separate board of directors, that year pay for similar activities that have noth- operate independently of the homeowners asso- ing to with managing and maintaining physical ciation, and not be considered an agent of that infrastructure, such as implementing food or association. childcare programs, this reduces the community’s However, there’s no specific guidance from expenses for physical infrastructure to less than the IRS about whether creating a subsidiary cor- the required 90 percent, and again, the communi- poration would really work for a community ty can’t pay taxes as a homeowners association organized as a homeowners association, say that year, but must pay as a corporation instead. Kingsbery and Vogel. If the community spent all its members dues “Use caution,” they warn, and first get the and assessments collected that year for physical option of competent tax and legal counsel. operating expenses, paying taxes as a corporation Another alternative they consider is to create 182 CREATING A LIFE TOGETHER two different legal entities sequentially, starting (although many states have adopted the Uniform with a homeowners association to collect and Condominium Act). In Massachusetts, residents spend money almost solely on property acquisi- own not just the air space of their individual tion, construction, management, and mainte- housing units, but the inside surfaces of the nance. Delay meal programs, child-care pro- walls, ceilings, and floors. Still other states allow grams, grant-seeking programs, loans to mem- condominiums, called “air space condominiums,” bers, and other projects or activities that don’t on plots of ground, such as that of Sharingwood involve infrastructure until later, when the initial Cohousing in Washington, in which people can building phase is done. Then dissolve and individually own their own lots and houses, and replace the homeowners association with a dif- a fraction of the entire property. (This form is ferent property owning entity such as an LLC or most often used in rural areas where a drain field non-exempt non-profit (making sure yearly or leach field needs to be defined as part of the expenses roughly match income), and which housing unit, although it can also be used in sit- could operate any such social, member-loan, and uations where the building footprint of a educational programs without undue tax conse- detached house is defined as the housing unit.) quences. They advise tax and legal counsel for Cohousing communities choose condomini- this idea as well. um associations for property ownership for the same reasons they choose homeowners associa- Condominium Associations tions: they can get bank financing for them, and Pioneer Valley Cohousing in western Mas- some local zoning jurisdictions require either sachusetts consists of 23 acres of woods and condominium or homeowners associations in fields, an orchard and organic garden, and a con- order to approve the development. centric circle of attached and single family houses Depending on state requirements and the in red, blue, cream, yellow, green, and brown, plus group’s preference, condominium associations a large common house, a workshop, and a home are created by either forming a non-profit corpo- office building where several community mem- ration or an unincorporated association, and as bers work. Pioneer Valley’s 94 members own with a homeowners association, annually filing their property as a condominium association. taxes under IRS Section 528. (Most real estate As mentioned earlier, in a condominium lawyers recommend that a group form a non- association residents generally own the air space profit corporation rather than an unincorporat- inside their individual housing units and hold a ed association, because the former offers liability fraction of ownership in the entire property, protection.) including all buildings and common areas. The Advantages and Disadvantages of condominium association manages and main- Condominium Associations tains the property, but owns nothing. The frac- tions of ownership are usually unequal, and are As with homeowners associations, banks are based on the square footage of the individual familiar with condominium associations and will housing units. loan to them. Cohousing residents can get bank Condominiums are more numerous in the loans for their individual housing units and can East, and their laws vary from state to state recover their equity if they leave. However, since LEGAL ENTITIES FOR OWNING PROPERTY 183 individual homes are sold on the open market, If the housing units are of different sizes, or the community as a whole has no control over some are more desirable than others, members who joins them. Again, as in cohousing commu- can either own specific shares for specific hous- nities that use homeowners associations, incoming units (and these shares have different mone- ing members tend to be self-selecting. tary values), or a higher number of shares for Pioneer Valley chose a condominium associ- larger or more desirable units, depending on ation because they got better financing terms state law. Usually cooperatives are used for own- than they would have if they’d organized as a ing apartments in an apartment building, but cooperative, the only other alternative for this land can also be owned this way. Miccosukee kind of housing available in Massachusetts. Land Co-op, for example, is a 279-acre inten- Homeowners associations are not available in tional community near Tallahassee, Florida, that state. Pioneer Valley residents elected a founded as a cooperative in 1973. Miccosukkee’s board of directors from among their members to founders designated 100 homesites up to several carry out certain tasks. Most community deci- acres in size, and share the rest of the property, sions, however, are made by the membership as a including 90 acres of protected wetlands. One whole at membership meetings. hundred shareholding families and individuals Because condominium associations must joined the community and built their homes on maintain and manage the physical area, includ- these homesites. Members don’t have title to ing the entire property (not just some common- individual plots of land, and since getting a ly shared property), maintenance fees are usually mortgage in a cooperative housing structure is proportionately higher than in homeowners difficult, Miccosukkee’s members built their associations. houses slowly over time, as cash flow permitted. In a cooperative, shares can pass from one Housing Co-ops — Separate Ownership and Use Rights owner to another through sale or inheritance, but the right to live in the housing unit, conferred by Members of a housing co-op (also called a coop- a lease, must be approved by the whole group or erative or a co-op) are shareholders in a corpora- its board of directors. Thus it is possible for tion that owns the property. Their shares confer someone to buy or inherit shares in a housing co- many of the rights of ownership to a particular op but not be approved by the group to live there housing unit, and a proprietary lease confers the (which usually means they must sell their unit to right to live in that unit. Housing co-ops are set a new shareholder approved by the co-op.) up as either non-profit 501(c)4 mutual benefit Advantages and Disadvantages of Housing corporations, non-profit 501(c)3 public benefit Co-ops corporations, or, in some states, as cooperative corporations, a specialized legal entity created Like homeowners’ and condominium associa- for cooperatives. Sometimes a cooperative’s legal tions, individual homeowners in a cooperative entity is a trust, and owners don’t have shares, are eligible for bank financing, and can recover but have beneficial interests in the trust. their equity when they leave. However, fewer Cooperatives are taxed according to their non- banks loan to co-ops and loans are usually more profit or cooperative corporation status. expensive than they would be for other forms of 184 CREATING A LIFE TOGETHER

THREE LEGAL ENTITIES OF COHOUSING COMMUNITIES

From the late 1980s through the late 1990s, the first erty. An LLC may have corporations as well as people years of cohousing in North America, many cohousing as members; usually the group’s non-exempt non- communities created two legal entities: a subchapter profit is the LLC’s first member, and the development S corporation for their land-purchase and develop- or construction company they’re partnering with is its ment phase (or an LLC, once LLCs became more wide- second member. (See Chapter 14.) ly used), and later, a homeowners or condominium association for common ownership of shared proper- Homeowners’ (or condominium) association. This ty. Some real estate lawyers, such as Carolyn third entity is usually created after the group has Goldschmidt, who’s worked with many cohousing bought the land. It is the vehicle through which the communities in Arizona, recommend three legal enti- group will own its shared property once the land is ties, as follows: subdivided (or not subdivided, if it’s a condominium), and with which it will help get bank or lender Non-exempt non-profit corporation. First, the core financing for individual mortgages. Cohousing com- group needs an initial legal entity that legitimizes it as munities and any intentional communities intending a group. Carolyn recommends a non-exempt non- to develop and subdivide their property as home- profit corporation, created by filing as a non-profit owners associations or create condominium associa- corporation with the state, but not applying for or tions are technically real estate developers. Some choosing any tax-exempt status with the IRS. The non- states as well as municipalities require developers to exempt non-profit has a business name and bank create a homeowners (or condominium) association account, and is used to collect any membership fees for their future lot owners before they will approve or dues and pay expenses (promotional costs, land the group’s plat or site plan, and before any construc- search fees, lawyers fees, engineers’ fees, and any tion can begin. other fees associated with the land search), and helps demonstrate to potential new members that the core Once the cohousing group has secured mort- group seriously plans to develop a multimillion-dollar gages for their individual housing units, the communi- project. ty is built and people have moved in, and the last details of property development have been complet- Limited Liability Company. This is usually created ed, the original non-exempt non-profit and the LLC when the core group is about to buy their property, are usually dissolved, leaving the homeowners (or and is the vehicle through which they will buy the condominium ) association as the cohousing commu- land, seek a construction loan, and develop the prop- nity’s sole legal entity.

property ownership. (Pioneer Valley Cohousing have cost $2,000 more than if they organized as considered organizing as a cooperative, for a condominium.) example, but the finance costs would have been Because the right to live in a co-op must be so much higher that each housing unit would approved by the whole membership, theoretically LEGAL ENTITIES FOR OWNING PROPERTY 185 a community organized this way can choose its Like owners, members must pay a down pay- members, yet some real estate lawyers advise ment, which will be reimbursed when they sell, against this. While cooperatives have rejected and they own their housing unit and have a say potential members in the past, it’s questionable in the management of their shared property. whether a cooperative could reject members Like renters (in some states), they have an unre- today without triggering any local discrimination coverable monthly payment. laws, although housing co-ops are exempt from While the property for Mariposa Grove in the Federal Fair Housing Act. Oakland, California was purchased and renovated In a cooperative, ownership and decision- by its founder, its members are considering reor- making rights are not always tied to the amount ganizing themselves as a limited equity housing of equity contribution (although this varies from co-op. To become a limited equity housing co-op, state to state), but are usually expressed as one Mariposa Grove will incorporate either as a vote (or one consensus decision-making right) mutual benefit or a public benefit corporation per housing unit, regardless of the relative value (two kinds of legal entities offered in California). of different units. Non-exempt Non-profit Corporations Limited Equity Housing Cooperatives Abundant Dawn in Virginia owns its property This is a special form of cooperative used to cre- through a non-exempt non-profit corporation, ate affordable housing co-ops, senior housing co- which means it doesn’t have a particular IRS tax ops, and student housing co-ops. In a limited designation such as 528 or 501(c)3. Rather, its equity housing co-op, the price of shares does founders indicated in the community’s organiz- not rise with escalating housing prices. Members ing documents that it was a non-profit or non- make down payments and monthly mortgage stock corporation (meaning it would not be payments to the bank; when they leave, they are organized to make a profit, and would have no reimbursed the amount of their down payment, stockholders and pay no dividends). Therefore, plus an additional amount related to the cost-of- Abundant Dawn’s tax rate is the same for as for living increase, but no more. In some states, any corporation: the first $50,000 of net income departing members do not recover any amount is taxed at 15 percent. Why would a community of the mortgage payments they made to the bank choose this form of corporation? for the years they lived there. Their mortgage When Abundant Dawn cofounder Velma payments remain in the co-op as equity for the Kahn began researching legal entities, she con- next incoming members who will live in those sidered homeowners associations, entities with same housing units, and who will pick up the pass-through tax status such as LLCs, various mortgage payments where the departing mem- categories of tax-exempt and partially tax- bers left off. In other states, all assets can be exempt non-profits, and non-exempt non-profit recovered. Thus, owning a home in a limited corporations. She expected the community to equity housing co-op is not necessarily an invest- receive income from various sources, primarily ment in property, but a way to own a home with- from members’ fees, and compared how the com- out an undue financial burden, combining fea- munity would fare at tax time under the various tures of owning and, in some states, of renting. entities she was considering. 186 CREATING A LIFE TOGETHER

She rejected homeowners associations for and maintenance such as fixing the tractor, and several reasons, including the “60 percent” buying food and seeds for the garden. If most of restriction on income sources and the rule that the money collected from members was spent on only income collected for maintenance and expenses that were by definition tax deductible other expenses related to common property (in that the monies were collected for the pur- management is tax exempt. She also rejected pose of making these expenditures), then it real- entities with pass-through taxation such as ly wouldn’t matter whether their collected mem- LLCs and subchapter S corporations. While bers’ fees were treated as taxable income or not, pass-through legal entities are taxed the same as as the tax burden would be negligible. But Velma directly-taxed corporations (in terms of the saw two reasons why the community’s tax bur- kinds of income and expenses that are consid- den might be unjust if the collected members’ ered tax exempt or tax deductible), Velma con- fees were treated as taxable income. sidered the pass-through tax status of an LLC The first involves Abundant Dawn’s poten- or S corporation to be disadvantageous. For one tial savings. The community might want to save thing, while members in low-income tax brack- portions of their collected members’ fees for sev- ets would pay 15 percent on any passed-through eral years, or simply carry over some funds from income, members in middle-class tax brackets one year to the next. But if they did this, the would likely pay 27.5 or 30 percent, almost amount collected from members’ fees for this twice the corporate rate. Velma also rejected purpose would be considered taxable income, pass-through taxation because she preferred and any amount left unspent at the end of the that Abundant Dawn pay taxes at the commu- year would be taxed. nity level, rather than the individual level, since The second reason involves buying their it would mean less entanglement between the property, and to a lesser extent, buying other community’s finances and its members’ finances. fixed assets. The portion of their mortgage pay- If they were taxed at the community level, no ment applied to interest would be tax- members would ever need to wait to finish their deductible, but the portion applied to the princi- tax returns until the community had figured its pal would not be deductible. (When buying own taxes and determined each member’s pass- equipment such as a tractor, the payment could through tax portions. And if there were a crisis be deductible, but in some cases only through in community finances, it wouldn’t create a cri- depreciation over a number of years.) As the sis in every member’s personal finances. This left mortgage would be paid down over the years, a simple nonexempt non-profit corporation as and increasing portions of the mortgage pay- the most likely candidate. ment applied to principal, the community’s tax Velma’s next step was to consider which por- burden could become substantial. tions of the money coming into the community Fortunately, after researching tax law and would be taxable income and which portions of case law, and receiving corroboration from a tax its expenses would be tax-deductible. She knew attorney, Velma learned that their member con- most of the community’s income would be from tributions for these expenses need not be treated regular monthly payments from members, to be as taxable income, for two reasons. First, spent on property taxes and insurance, repairs Abundant Dawn members would be in the same LEGAL ENTITIES FOR OWNING PROPERTY 187 position as stockholders, and their contributions ated in case law. Second, the community would would be akin to stockholder contributions to act in the role of agent for the members, collect- equity — a relationship which is well-substanti- ing money from several households for purposes

CAN YOUR GROUP BUY PROPERTY WITHOUT A LEGAL ENTITY?

If you buy property together with no legal structure, Joint Tenancy. As joint tenants each of you has you have two choices: own it as tenants in common equal rights to the use of the property, and each of or as joint tenants. (The terms vary from state to state, you also shares equally in liabilities and profits, and as do the regulations for each.) If you don’t choose, usually in maintenance costs, taxes, and work the state will automatically consider you Tenants in responsibilities. But if one of you contracts for Common. improvements on the land, that person is solely responsible for paying the costs if the rest of you Tenancy in common. As tenants in common, each didn’t consent to those improvements. member of your group has an undivided interest in Joint tenants have the “right of survivorship,” which the property. Unless you agree otherwise on the means if one of you dies that person’s share doesn’t deed, you will all have equal rights to the use of the pass to their heirs, but passes automatically to the property, and will all share equally in any liabilities or rest of you (free from any creditors’ claims or debts profits. Usually, this means sharing equally all mainte- the deceased person might have incurred). nance costs and property taxes. However, as tenants in common, you can distribute ownership interests Disadvantages of tenancy in common and joint in the property however you wish. Your ownership tenancy. Both tenancy in common and joint tenancy interests could reflect the relative amounts of money are poor choices for communities because you each of you contributed, or you could choose equal could lose your property because of something one ownership portions even if you’d each contributed member does. different amounts. Taxes, maintenance expenses, In a joint tenancy, for example, if one of you goes profits, and the value of any improvements must be into debt, the creditor seeking collection could apportioned at the same percentages as everyone’s force the sale of the property to get the cash value of shares of ownership. that person’s share in the property. Also, any com- As tenants in common any of you may sell, mort- munity member could sell or give away their interest gage, or give your ownership interest in the proper- without the approval of the rest of you. This would ty to anyone you wish, and the new owner becomes cancel the joint tenancy, and property ownership the new tenant in common with the others. If anyone would revert to tenancy in common. dies, their ownership share of the property passes to And, as mentioned earlier, in a tenancy in com- their heirs or assigns, not to the other people in your mon any member can sell his or her ownership inter- group. ests to someone who isn’t a community member. Worse, any disgruntled community member can force the sale of the property to get his or her money out. 188 CREATING A LIFE TOGETHER which would not be taxable if the same expenses any of the available legal entities, with no temp- were paid by a single household (such as when a tation to shift tax reporting to meet a particular household pays property taxes or mortgage pay- legal entity’s stringent requirements, such as ments). The community would be collecting those of a homeowners association. Moreover, after-tax income from its members, and these they chose a corporation because regular corpo- members would have already paid income tax rate taxation is simple, straightforward, and easy before paying their monthly community fees for to explain compared to the taxation of other shared expenses. legal entities they’d considered. “A non-exempt Velma knew they would pay taxes on other non-profit corporation was the cleanest,” says kinds of income, such as rental fees from mem- Velma. “It didn’t require any distortion of what bers renting rooms or cabins belonging to the the community is, or creating two sets of stories, community, visitor fees, and subscription fees to one for the IRS, and one for real.” the community’s newsletter, and this was fine. With these questions resolved, it was easy to choose a nonexempt non-profit corporation. Abundant Dawn members believed such a cor- In Chapter 16 we’ll look briefly at various kinds poration would offer the lowest tax burden of of tax-exempt non-profits. Chapter 16 If You’re Using a Tax-exempt Non-profit

N THE EVERGREEN FORESTS of southern to receive foundation grants and tax-deductible IOregon, Lost Valley Educational Center is donations. Donors can claim up to 50 percent of organized as a non-profit 501(c)3 corporation. A their adjusted gross income for such donations. 501(c)3 non-profit must offer a religious, chari- People can leave money to a 501(c)3 in their table, educational, scientific, or literary benefit. wills, and upon their death their estate can (To the IRS, “religious” is not limited to recog- receive an exemption from federal estate taxes. nized religions, but can include alternative forms Also, having a 501(c)3 may make your commu- of spirituality, which is why yoga ashram com- nity more desirable to donors and philanthro- munities and meditation centers often use pists for private loans with generous terms, as we 501(c) non-profits.) Lost Valley can use a saw with Sowing Circle/OAEC’s refinancing. 501(c)3 because of its educational mission: to teach people about sustainable living. Sowing Significant tax breaks. A 501(c)3 non-profit Circle/OAEC in California, Earthaven doesn’t pay federal or state income taxes on Ecovillage in North Carolina, and Dancing income generated by any business activities relat- Rabbit in Missouri all use 501(c)3s to conduct ed to its purpose. It does pay taxes on income research, offer documentation, and offer classes generated by activities not related to its purpose, and workshops in sustainable living. however. For example, Sowing Circle/OAEC Again, neither I nor the publisher, nor any pays no taxes on fees for its classes, workshops, community members mentioned in this book and plant sales, but if for some reason it also presume to offer legal advice about tax-exempt repaired cars, it would pay taxes on all car-repair non-profits. This information is intended to income, since that activity is not related to its offer a variety of ideas for you and your commu- purpose. In most cases, if a 501(c)3 owns land, it nity to consider. is often exempt from county property taxes. It does pay sales tax. Advantages of a 501(c)3 — Donations, Tax Breaks, Limited Liability Other savings. As a non-profit, you are more Tax-deductible donations. The primary reason likely to receive material donations and support for an organization to incorporate as a 501(c)3 is from volunteers. You can get non-profit third

189 190 CREATING A LIFE TOGETHER class bulk postal rates for any bulk mailings, dis- profit Corporation and asking a lawyer and tax counted space from some Internet service accountant to check your work. The total fees to providers, lower advertising rates in some publi- incorporate in many states is less than $200, cations, and free radio and TV public service including the application fee for federal tax announcements. exemption, but annual registration fees may be high: in 2002 it was $800 per year in California, Limited liability. As with all corporations, a for example. (However, most states’ annual fees 501c(3) non-profit confers limited liability on its for for-profit corporations are similar.) directors, trustees, officers, employees, and members. However, courts hold non-profit board Restricted access to bank financing. If you’ll be members and officers to a higher standard of seeking private loans from friends and support- conduct and accountability than those of for- ers to buy your property or for projects that sup- profit corporations. Non-profits often buy liabil- port your mission, having a 501(c)3 for lenders ity insurance to protect their officers and board to loan to can be an advantage. But it can be a members. distinct disadvantage if you’ll be seeking a bank loan, since most banks prefer not to loan to non- On-site income for community members. If profits, preferring instead to loan to corporations your 501(c)3 will be operating an educational or or LLCs. other kind of organization that requires full- or part-time staff, you can hire your own communi- No equity in the property for members. ty members as employees, and pay their salaries Members of Lost Valley and Dancing Rabbit from the non-profit’s income (though these can’t cannot build any equity in their property that be exorbitant salaries). Rural communities often they could take with them if they left the com- need community businesses in which people can munity,since these communities own their prop- earn money without commuting to jobs else- erty as 501(c)3s (or 501(c)2s). Sowing Circle/ where, and depending on their purpose and OAEC members do build equity however, since scale, a 501(c)3’s on-site activities can offer such their property itself is owned as an LLC and jobs. This is how two-thirds the members of their 501(c)3 owns nothing but simply manages Lost Valley Educational Center and five of their educational center project. Sowing Circle’s members make a living without leaving their land. Paper shuffling, number crunching. Like all corporations, a 501(c)3 requires ongoing Disadvantages of a 501(c)3 — Onerous Requirements, Irrecoverable Assets record-keeping. This begins with the filing of the initial documents with the state, and contin- High set-up and maintenance costs. It can be ues with an annual report of activities and other costly to hire a lawyer to prepare incorporation mandatory forms. IRS requirements can also be forms and a tax accountant to prepare IRS appli- intimidating. You must keep meticulous finan- cations. As mentioned in Chapter 8, you can save cial records with double-entry bookkeeping to money by doing much of this yourself with the prove that your 501(c)3 continues to deserve its help of Nolo Press’s book How to Form a Non- tax-exempt status, prepare annual non-profit IF YOU’RE USING A TAX-EXEMPT NON-PROFIT 191 informational tax returns, and, if it has employ- the future. Years down the road, as things and ees, deal with payroll tax withholding and people change, you could find yourselves fighting reporting. Often the idealists who want to set desperately with your own board for control of up 501(c)3s are unfamiliar with these business the assets you yourselves donated. If the majori- procedures, but if they fail to do these things the ty of your board members someday vote to radi- IRS can freeze their bank account and bring all cally change your mission, kick all of you off the their non-profit activities to a halt. Most non- property, or disband the community, you could- profits start out with a tax advisor or accountant n’t do a thing about it. (You couldn’t’ block such to help them set up their books and create a sys- a decision in a consensus process, since state law tem to prepare tax forms on time. Some non- requires that non-profit boards must use major- profits get these services at no cost by arranging ity-rule voting. No matter what you might try to that a bookkeeper or accountant friend is on the block, a 51 percent vote of your board members board of directors. can change the course of your community’s history forever.) “This is the biggest danger with a Restricted politics. As a 501(c)3, a significant non-profit,” warns Dave Henson. portion of your activities cannot be influencing At least one community has found a way to legislation or endorsing or supporting candidates solve his, however, as we’ll see below. for public office. How much a “significant portion” is depends on the state. Irrecoverable assets. Once your community donates assets such as cash, securities, personal Losing control of your non-profit. One critical property, or land in a 501(c)3 non-profit, you can point with 501(c)3s is that 51 percent of the never get these assets out again. (This isn’t true people on its board of directors must be “disin- of loans. You can loan money to a non-profit, as terested.”This doesn’t mean uninterested (in the two Dancing Rabbit founders did, and receive non-profit’s activities); it means they must have interest and recover part or all of the value of the no financial interest in your non-profit, and can- loan if the community disbands or sells its assets not materially benefit from its existence. If you to pay its debts.) If things don’t work out and own your land with a 501(c)3, at least 51 per- you disband, you cannot take back the value of cent of your board members cannot live there, the land and its capital improvements, but must and if it operates your non-profit business, at either donate your property to another non- least 51 percent cannot be its paid employees. profit, or sell it and donate the proceeds of the Some non-profits initially organize themselves sale to a non-profit. with a group of what’s called “voting members” For many communities this is not a disad- who elect their board of directors every three vantage, since they choose a 501(c)3 primarily years. If you organize yourselves this way, 51 for this feature. When Dianne Brause and percent of your voting members must be disin- Kenneth Mahaffey bought the Lost Valley terested. property, for example, they wanted to restore the While it’s relatively easy to find supportive land and protect it from ever being sold for spec- friends willing to become board members, you ulative gain. They chose a 501(c)3, knowing that cannot predict or control what they might do in no community member could ever personally 192 CREATING A LIFE TOGETHER benefit from the sale of the property, which community and promote a more environmental- would act as a major disincentive for any future ly aware, ecologically sustainable way of life. community members to disband the communi- They created OAEC as a 501(c)3 non-profit to ty and sell the land. Sometimes communities help them carry out this mission by offering choose 501(c)3s for land ownership because the workshops and classes to promote the arts, social founders want to live out their ideals, intending justice, environmental activism, and ecological to move to community and stay there. Nature’s sustainability. Sowing Circle founders also set up Spirit founders chose a 501(c)3 partly for this OAEC in order to provide income for communi- reason, and partly from a commitment to live a ty members, five of whom are salaried OAEC more spiritual way of life in a beautiful rural set- staff. ting. Why would they want to leave? The OAEC non-profit makes money from a However, one community’s blessing is anoth- variety of sources, such as workshop and class er’s downfall. It’s disastrous to start a project you fees, consulting fees, facility rentals, membership can never recoup your life savings from if that’s fees from supporting members, plant sales, foun- not explicitly what you intend at the beginning. dation grants, and private donations (including What if things don’t work out as you imagined? volunteer labor and work exchange and donated (Remember the 90 percent?) There’s nothing in-kind services, such as printing). more demoralizing than disillusioned communi- The non-profit spends money on salaries for tarians grimly hanging on for decades because no 20 full- and part-time employees (including off- one can afford to leave. site employees, and on-site residents who aren’t If you choose to own your property as a community members), as well as associated 501(c)3, be sure you understand all the implica- expenses for Workers’ Compensation; meals for tions. Be certain you’re choosing it for the right work-exchange staff and course participants; reasons — not just because you think it’s cool! wages for outside instructors; advertising and promotional costs; office supplies, postage, etc.; Land-Owning Entities and 501(c)3 Corporations — The Best of Both Worlds and when needed, materials or outside labor for repairing and maintaining leased grounds and “Think really hard before you use your 501(c)3 buildings. to own anything,” advises Dave Henson. Sowing The Sowing Circle community’s expenses, Circle community’s non-profit OAEC owns on the other hand, include mortgage payments, nothing but its good reputation and some office liability insurance, property taxes, food and other supplies. Everything else — OAEC’s office household expenses, and donations to OAEC building, equipment, classrooms, dorms, dining for materials and any outside labor for mainte- facilities, and the grounds on which they host nance and repairs. Because it’s organized as an visitors and teach classes-is leased from the LLC, Sowing Circle’s taxable income is divided Sowing Circle LLC. The lease fee is $70,000 a up and passed to each member. year, and OAEC splits with Sowing Circle costs Sowing Circle receives income from mem- for repairing and maintaining the land and bers’ monthly dues and OAEC’s lease fees. In buildings it uses. The mission of Sowing Circle the beginning OAEC had agreed to pay $24,000 community founders is to live sustainably in in lease fees, but the first year it could only pay IF YOU’RE USING A TAX-EXEMPT NON-PROFIT 193 half, and Sowing Circle wrote off the other half • Nearly half Sowing Circle’s members, as a business loss. Several years later Sowing and six to ten other long-term residents Circle hired a rural property appraiser and and interns work for OAEC, and so don’t learned that, at market rates, their property have to leave the property to make a liv- could be worth up to $85,000 in annual lease ing. fees (in year 2000 dollars). So Sowing Circle • It earns $70,000 in annual lease fees. raised its annual lease fee to $70,000. The lease • Most of its property and buildings are fee Sowing Circle charges OAEC cannot be any repaired and maintained by OAEC. higher than the appraised market value of such • a lease, or the IRS would consider it “self-deal- Any grants or donations that come in to ing. To be safe, Sowing Circle charges OAEC OAEC specifically earmarked for facili- $15,000 less than the appraised leasable value of ties improvement benefit the communi- their property. ty’s land and buildings (since they’re the In terms of decision making, all 11 Sowing same), and result in capital improvements Circle members make decisions about the rela- to the community. tionship between their community and their • If Sowing Circle has taxable income left educational non-profit. All OAEC staff mem- over at the end of the year it can donate it bers (including the non-community members), to OAEC for certain kinds of non-capi- decide the non-profit’s financial and other mat- talizable maintenance and repair (that is, ters, and its board of directors make major poli- projects that don’t improve the property cy decisions. Forty-nine percent of these direc- long-term), and receive a tax break for the tors are also Sowing Circle members. (To pro- donation. tect themselves, Sowing Circle’s lease document has a clause which allows them to terminate OAEC benefits from its business relation- OAEC’s lease at any time for any reason. If a ship with Sowing Circle community as well. For majority of OAEC’s board tried for some reason example: to take the non-profit in a direction the commu- • It has beautiful grounds and facilities for nity didn’t want, the community could cancel its educational activities. the lease and OAEC would lose its teaching • Its five Sowing Circle staff members are facilities. devoted to its mission, and live on-site. Sowing Circle community benefits from its • Its lease is relatively secure, because the business relationship with OAEC in several same people, with the same intentions ways, including: and vision, are the lessors and lessee. If for • Community founders can accomplish some reason OAEC couldn’t fulfill its their educational mission without undue maintenance responsibilities, or couldn’t taxation or liability of their members or pay its annual lease fee, there’d be a great property. If OAEC were ever in financial deal of flexibility in solving the problem. or legal trouble, the community’s land would be safe from any debts or lawsuits For information on setting up and maintain- against the non-profit. ing a 501(c)3 non-profit, see Appendix 3. 194 CREATING A LIFE TOGETHER

How One Group Retained Control of its ing membership aspect of the non-profit (which Board voting members can do), and increase the board to 11 members. The voting member-friends did “We never wanted to lose control of our own this, and the founders asked three of them to join projects, or even fight with our board if things their board, which they did. changed someday,” one founder told me. She and Now the community had all eight communi- her seven cofounders set up a 501(c)3 in such a ty members and three friends on the non-profit’s way as to protect themselves from this kind of board. Why did they want three non-members takeover. to join them? Whenever the board had to decide They planned that 17 “voting members” matters that benefited the community (such as (that is, a special group that elects their board of adjusting the lease fee of the buildings it rents directors every three years), would elect eight from the community), or raising salaries of com- people to their board. All eight founders became munity members who are also paid employees, voting members. They needed nine more people they must remove themselves from the decision. to become the remaining voting members, so They have three non-community board mem- that at least 51% would be “disinterested.” The bers so that for decisions like these, there will founders asked nine of their closest friends to still be people left who can decide. (There are become voting members, explaining that their three so that if they disagree, one can break the sole role would be to vote for the non-profit’s tie. Of course, as friends of the community, they board of directors every three years. The decide the way the community asks them to. If founders described their non-profit’s mission any of the non-community board members went and goals and gave their friends all of its docu- against the community’s wishes, the community ments. Then the eight founders nominated would vote them off the board and replace them themselves as eight of the board members for the with someone more sympathetic.) first three years. They asked these friends/voting Title-holding Corporations — Collecting members to approve or deny their slate of board Income from “Passive” Sources member candidates (themselves), hoping, of course, that the friends would approve them. (“If The primary mission of Dancing Rabbit in any of you have a problem with our request to Missouri is to research, document, and educate approve or deny the candidates,” the founders people about sustainable living, and so they use a asked them in advance,“then please don’t agree to 501(c)3 non-profit to host workshops on sustain- become voting members.”) Since the friends able living and carry out their other educational knew and trusted the founders they voted to activities. However, another part of their mission approve them as board members, as expected. is to preserve their land as a sustainable ecovillage The IRS looked very carefully at each of these and prevent it form ever being sold for speculative nine voting members to make sure they didn’t gain. So they formed a land trust, and own their benefit materially from the non-profit, and they property with a 501(c)2 title-holding non-profit, didn’t. After the usual three-year period of close from which members lease small siteholdings. scrutiny, the IRS was satisfied. At this point, the A 501(c)3 non-profit can own property, but founders asked their friends to disband the vot- no more than 20 percent of its income may be IF YOU’RE USING A TAX-EXEMPT NON-PROFIT 195 from “passive” sources (rents, lease fees, and 1. The donor or donors are land owners who interest on loans or investments), or it can lose place the property in the trust for specific its tax-exempt status. So 501(c)2 non-profits purposes. They can be the original land own- were created in order to hold, control, and man- ers, or people who buy the land in order to age property and other assets for 501(c)3 non- place it in the trust. profits, and they are often used as the land-own- 2. The trustees or board of trustees administer ing entity in land trusts and community land the property and protect its mission. Selected trusts. A 501(c)2 cannot exist by itself, and must for their alignment with the land trust’s mis- be paired with a 501(c)3. The 501(c)3 must sion and goals, the trustees make sure the exercise some control over its 501(c)2, such as property is preserved in accordance with having the same board members on each non- them. Over the years outgoing trustees are profit’s board. Unlike a 501(c)3, a 501(c)2 can- replaced by incoming ones, so the trust can not actively engage in any business activities, continue in perpetuity. other than collecting rents, receiving interest, 3. The beneficiaries are the people and/or and so on. The 501(c)2 turns over all its income plants and animals who live on or otherwise to its parent 501(c)3, and the two organizations benefit from the land. For a preserved wilder- file a consolidated tax return. ness the beneficiaries are its plants and animals and the humans who hike its trails; for Private Land Trusts — Protecting the Land an affordable housing project the beneficiaries are the people who live there. A land trust is a legal mechanism to preserve the characteristics of a parcel of land, prevent it from The donors, trustees, and beneficiaries can all ever being developed in an undesirable way, or be the same people. Dancing Rabbit’s founders protect it from being sold for speculative gain. purchased their property through their 501(c)2 Land trusts have been used to protect ecological- land trust entity (making them functionally ly sensitive areas or the habitat of endangered equivalent to donors of a land trust), are mem- species, preserve land as wilderness or farmland, bers of its board of trustees, and benefit from liv- and in urban areas, to protect affordable housing ing on and enjoying the land. from the effects of escalating real estate values. A A 501(c)3 and 501(c)2 non-profit are most land trust either takes a property off the market often used for land trusts. The 501(c)2 holds forever or arranges that it can never be bought actual title to the land and grants the beneficiar- and sold at speculative market rates, or devel- ies long-term, renewable leases at reasonable oped in a way that the donors of the land trust fees. don’t want. Intentional communities have placed Donors may deed their property to an exist- their properties in land trusts for various reasons ing land trust organization in their region, which — to preserve its rural or agrarian character, to serves as the trustees for that and other proper- protect virgin stands of timber, to keep it as ties. Sometimes the donors have the right to live farmland, or simply to preserve it as an ecovillage out their lives on the land, for example, if they for future generations. donated their family farm to a land trust to be Three parties are involved in a land trust. preserved as farmland. Other donors might 196 CREATING A LIFE TOGETHER donate their land as a wilderness area, in which wider community serves to guarantee the mis- case they wouldn’t live there. The donor receives sion of the community land trust, because theo- a one-time tax deduction for the appraised value retically they are more objective, and are not in a of the property. In many circumstances, donors position to be tempted by gaining financially are required to pay $5,000 to $10,000 or more to from any change in the use of the land. the land trust’s legal fund, so the organization Community land trusts are irrevocable, can legally protect the property from any future which means the original owners of the land threats to its mandated use. cannot remove it from the trust once they have Or people may create their own land trust donated it. As with private land trusts, once land and serve as its only trustees, in which case it’s is placed into a community land trust, it’s not called a “private land trust.” Private land trusts likely to be used as collateral for bank loans. can be either revocable or irrevocable. If it’s revo- Private land trusts, and community land cable, the donors can change their minds and trusts especially, are options for founders wish- develop or sell the property for another use. ing to ensure that the original purpose for their Once land is placed into a land trust it can be dif- community and its land continues unchanged ficult to use as collateral for bank loans. into future generations, unaltered by subsequent Land can also be preserved by creating a con- requirements for quick cash, loss of commit- servation easement, a legal restriction attached to ment, or personality conflicts among members. its deed which limits all future use of the land to For “Common Treasury” Communities — a specific purpose, such as to protect farmland, 501(d) Non-profit Corporations wetlands,a wilderness area,and so on.Sowing Circle created an “organic easement,” possibly the Originally designed for the Shakers and other first of its kind, to preserve its two locally-famous “Religious and Apostolic Associations” in the gardens as organically-managed in perpetuity. 1920s, 501(d) non-profits offer tax breaks for common-treasury religious communities that Community Land Trusts — An engage in business for the common benefit of Irrevocable Decision their members. 501(d)s are also used by non- A community land trust is designed to establish religious income-sharing communities, whose a stronger and broader board of trustees than members work in one or more community busi- those of a private land trust. While one-third of nesses, and which provide members’ basic mate- the trustees of a community land trust may live rial needs — food, shelter, monthly stipends, and on the land (through lease agreements with the so on. (Again, to the IRS, “religious” and “apos- community land trust), two-thirds of the tolic” does not necessarily mean a traditionally trustees must live elsewhere (be “disinterested”), recognized religion; communities with alterna- receiving no direct benefit from the land. This tive spiritual beliefs or secular beliefs have ensures that any donors or beneficiaries who are become 501(d)s.) The 501(d) tax status was also trustees cannot change their minds about originally created for groups that had taken a the purpose or mission of the trust, or develop “vow of poverty,” but Twin Oaks in Virginia suc- the land for some other purpose, or sell it. cessfully challenged this requirement, and the Having the majority of its trustees from the IRS no longer requires it. IF YOU’RE USING A TAX-EXEMPT NON-PROFIT 197

Some communities, such as Twin Oaks and Depending on the amount of the communi- the Hutterite communities, use a 501(d) to own ty’s annual income and how many members it their land as well as their businesses. Other com- has (and if it chooses not to pay self-employ- munities own their properties with one of the ment tax), the amount assigned to each commu- other legal entities, but a smaller group of mem- nity member may not be enough to warrant bers — a sub-community within the community being taxed, which happens most years with — use a 501(d) to own their own income-shar- Skyhouse subcommunity at Dancing Rabbit. ing business. Abundant Dawn, for example, owns However, if a 501(d) community has a high its land with a non-exempt non-profit, but income and few members, then the amount Tekiah, a pod (sub-community) of Abundant passed through to each member may be high Dawn, operates its shared hammock-making and enough to pay taxes on, which has also happened market garden businesses with a 501(d). Dancing with Skyhouse. In this case, the community pays Rabbit owns its land with a 501(c)2 non-profit, the taxes on behalf of the member. and Skyhouse, a subcommunity, operates If the community chooses not to pay self- Skyhouse Consulting, a computer programming employment tax they’ll never get Social Security and website design business, as a 501(d). (The benefits and must set up some form of in-house IRS was initially somewhat dubious about retirement fund and take care of their members Skyhouse’s petition to be taxed as a 501(d), as they age. 501(d) groups can voluntarily pay because a high-tech telecommuting business with self-employment tax to retain access to Social skilled, well-paid professionals was nothing like Security. the hammock-makers or Hutterite farmers they A 501(d) non-profit can engage in any kind were used to. But Skyhouse members demon- of business, passive or active, religious or secular, strated they were every bit as devoted to income- since the IRS makes no distinction between sharing, common-treasury principles as any related or unrelated income for a group with this other group, and the IRS granted the status.) tax status. A 501(d) can engage in any kind of Advantages of 501(d) Non-profits political activity, such as lobbying, supporting candidates, or publicly advocating political caus- The main advantage of a 501(d) is income tax es. However, donations to a 501(d) community savings. The taxable income of a 501(d) is divid- are not tax deductible, as donations to 501(c)3 ed into equal parts and “passed through” to each non-profits are. member as ifthey were filing individual tax Communities organized as 501(d)s can returns (as in an LLC or partnership). For exam- choose their incoming members, and departing ple, if a group had 10 members and earned members may or may not receive equity when $100,000 one year, they’d each be assigned they leave, depending on the community’s inter- $10,000 as taxable income (even though they nal agreements. wouldn’t actually receive it). Divided up like this, Disadvantages of 501(d) Non-profits the rate of taxation is much lower than if it were one lump sum. A 501(d) can also choose not to To use the 501(d) tax status the community must pay self-employment taxes, which is often up to be “income-sharing” in the sense that they share 15 percent of the annual income. income not only from community businesses but 198 CREATING A LIFE TOGETHER also from any outside jobs, investments, or other earn extra money by working longer hours at forms of income. If, however, a substantial per- community businesses, or working part-time centage of community income is derived from outside the community. Meadowdance doesn’t outside salaries or other sources, the IRS may qualify for a 501(d) tax status nor does it want to rescind or deny the 501(d) status. (Unfortunately be limited by the requirements of a 501(d), so the IRS has not clearly defined what it means by they own their businesses as Limited Liability “substantial,”so this remains a gray area.) For this Companies. reason, Twin Oaks asks any members who have The 501(d) non-profit is not applicable for significant assets such as real estate, securities, or most communities, but if your group plans to savings accounts to place these in a trust for the share income from community businesses and duration of their community membership. provide most of your members’ material needs, it Members of Meadowdance in Vermont are can offer an ideal way to save on the tax bite. “income-sharing” in that they work at community-owned businesses, pool business income in a common pot, and provide their basic material needs from it. But, as mentioned earlier, they In Part Three we’ll return to the essence of grow- have a hybrid economy — each member is free ing a healthy community — the “people skills.” to spend money from existing assets, and can Part Three: Thriving in Community

— Enriching the Soil Chapter 17 Communication, Process, and Dealing with Conflict: The Heart of Healthy Community

HEN LARRY KAPLOWITZ and his wife paths. Resentments simmered but were rarely WKarin moved to Lost Valley in 1994, they expressed directly, except in occasional outbursts arrived a few weeks after more than half the of anger. At times the tension was so thick we members had moved away for various personal felt like we were choking on it.” reasons unrelated to the community. The Eventually the people who were most at odds remaining four members had desperately needed with each other left the community, and things help for the community’s conference center busi- improved a bit. But the experience had left peo- ness and put out the call for new people. Larry ple feeling hurt, discouraged, and cautious. For and Karin were part of ten newcomers who the next year, Lost Valley accepted no new mem- joined in response. The rapid turnover was diffi- bers. People did their own thing and tried to stay cult for everyone. out of each other’s way. “Here, suddenly, were ten of us; enthusiastic, “By the summer of ’96 every one of us was full of our own hopes and ideas, hurts and frustrated, dissatisfied, and considering leaving,” defenses, and relatively short on the kind of Larry says. “We agreed that if we were going to experience it takes to make community living survive as a community we needed major change, work,” Larry recalls. “Lost Valley’s community which meant we would have to face our difficult culture, delicately woven over the previous years, issues directly.” couldn’t survive the onslaught. We began to sink Serendipitously,they learned about the Naka- in misunderstandings, resentment, and conflict.” Ima training. A Japanese phrase meaning “here “Within a year, conflict had practically para- now,” Naka-Ima is an interpersonal healing lyzed us. In our weekly business meetings, where method designed to help people reveal themselves we make decisions by consensus, almost every honestly and connect with each other deeply. So new idea or initiative, if not rejected outright, the Lost Valley folks signed themselves up. was resisted or undermined. Some people had “By the end of the weekend training,” Larry become so uncomfortable with each other that recalls, “the obstacles we all had in the way of they would go out of their way to avoid crossing being clear, compassionate, and honest with each

200 COMMUNICATION, PROCESS, AND DEALING WITH CONFLICT 201 other seemed to have dissolved, leaving a room but what about our own choice of words and full of radiant beings. We knew that the ‘glow’ tone of voice this morning with our partner or would come and go, and that our obstacles, child? Those of us who think we do these behav- defenses, and wounds would continue to play iors the least are often the ones who do them the havoc with us. But they no longer had the same most. The more spiritual we imagine we are, the power over us. As we integrated what we’d expe- harder it is to see it. rienced over the next few weeks and months, we This is why good process is so important to became increasingly honest with each other. We community. For life in community to be better began taking the time to stop and address issues, than it was before, we’ve got to be better than we conflicts, and hurts. We began making space for were before. In fact, we need good process skills each other to express our feelings.” more when we’re involved in community, since To save their community from continued the community process tends to trigger faster- stalemate and decline, Lost Valley members than-normal spiritual and emotional growth. embraced what I call “good process” — commu- The “crucible of community” tends to magnify nication skills and other techniques that help and reflect back to us our own most destructive people feel connected and stay connected. Like or alienating attitudes and behaviors. We great community property and a healthy internal become magnifying mirrors for each other. The economy, “good process” is another foundation more intensely we dislike these attitudes and for sustainable community. Learning good behaviors in other community members the process skills nourishes the soil of healthy com- more likely we have them in ourselves (or used to munity. Not learning them is another set-up for have them), although we may be unaware of it. structural conflict. The more we criticize other people for them, the more likely that we’re unconsciously condemn- The “Rock Polisher” Effect ing ourselves for doing the same. Most people drawn to intentional community The close and frequent interactions with are seeking a more harmonious and connected other community members about how we’ll live way of life than that of mainstream society. But and work together tends to evoke some of our we can’t just wish it into existence. If we want to worst and most destructive behaviors. And live better lives in community, we’ve got to do potentially, it can heal them. I call this the “rock things differently there. polisher” effect. Rocks in a rock tumbler first Most of us don’t realize that our wider socie- abrade and then polish each other. In forming- ty is dysfunctional because it’s just ourselves, community groups and communities our rough doing what we habitually do, but multiplied and edges are often brought up and then worn magnified by millions of people. When we see smoother by frequent contact with everyone governments or corporations using manipula- else’s. But the rock-polisher effect can be so tive, controlling, or punishing behaviors — painful it ejects some people right out of the through threats, terrorist attacks, or outright war group, or the group becomes so fraught with — it frightens and disgusts us. But when we do conflict that it breaks up. the small-scale versions of these same ploys our- Through good community process we can selves, we don’t see it. We may revile “terrorists,” make the rock-polisher effect more conscious. 202 CREATING A LIFE TOGETHER

Rather than suffer helplessly, we can use com- other wrong. This includes speaking to and per- munity as a powerful opportunity for personal ceiving others in ways that allow us to stay in growth. The process of sharing resources and beneficial relationships with them while dis- making decisions cooperatively in community cussing even the most sensitive subjects. — and no longer being able to get away with Here are some “good process skills” communi- our usual behaviors — is a wake-up call to the ties often use to create sustainable relationships: soul. Community offers us the chance to finally grow up. Speaking more consciously. This involves speaking to one another in ways that tend to increase, Nourishing Sustainable Relationships rather than decrease, the level of harmony and “At Lost Valley we learned that sustainable com- well-being between people. When communica- munity must be based on sustainable relation- tion is “clean” enough, people feel confident they ships — relationships that give more than they can talk to each other about anything, including take — that nourish, enliven, and inspire us,” disagreements or sensitive issues, and still feel says Larry Kaplowitz. “Such relationships are a goodwill and connection. These include using “I” continual source of energy. They support us in rather than “you” messages, checking assump- becoming fully ourselves.” tions, describing feelings with real feeling words As you’d expect, the same kinds of communi- (“angry,” “worried”) instead of blame-words (“crit- cation and process skills that enhance love rela- icized,” “manipulated”), and using neutral lan- tionships do the same in community — sharing guage to describe behaviors rather than charac- from the heart, listening to each other deeply, terizing people negatively. telling difficult truths without making each The most effective communication skills I’ve found are those of Marshall Rosenberg’s THE PROCESS TEAM Nonviolent Communication process, which help people speak to each other in ways that tell the Some communities, such as Sharingwood Cohousing in deepest truths while enhancing goodwill and Washington state, help maintain well-being in the com- deepening their connection. Many resources are munity by establishing a team of consensus and process available for learning these and other basic good facilitators whose job it is to train meeting facilitators, communication skills (see Resources). introduce process methods (sharing circles, threshing It takes time, energy,and willingness to change meetings, the public/private scale, and so on), and keep the ways we habitually talk with people, so that an eye out for potential conflicts, intervene when neces- our conversations enhance, rather than diminish, sary. “Get your best facilitators and the people most inter- our relationships. At first these methods may feel ested in process,” says Sharingwood process facilitator “unnatural.”It helps to remember that all commu- Rob Sandelin. “Encourage them and give them funds to nication skills, including those we use now, are get training in and bring back good process techniques learned behaviors, and we can learn new ones. back to the group. The investment of time and money in good group process will more than pay for itself in com- Creating communication agreements. Conflict munity health and well being over the long run.” can arise because of the widely differing communication styles and behavioral norms that people COMMUNICATION, PROCESS, AND DEALING WITH CONFLICT 203 bring to community from different regions, sub- stick process, the purpose is not to solve prob- cultures, and socio-economic backgrounds. So lems or make decisions, but to explore issues and some groups agree on and write down explicit learn together, share personal stories and become communication and behavioral agreements. For closer to each other, or hear everyone’s truth, example, is jumping in before someone has fin- pain, or joy about community issues. ished speaking considered a disrespectful inter- People usually sit in a circle. Candles and rit- ruption, or normal lively conversation? Is coming ual objects, including a small object such as a directly to the point considered respectful of each talking stick or a stone, are placed in the center. other’s time, or brusque and preemptory? Are One person at a time picks up the talking stick using swear words or explicitly sexual expressions or object and speaks from the heart. This means of anger considered no big deal, or way out of being honest and real, and allowing any emo- line? Is inquiring about each other’s romantic, sex- tions that might come up. It involves taking the ual, financial, or health matters seen as friendly risk to speak your truth without knowing how it and intimacy-creating, or an invasion of privacy? will be received. Speaking from the heart often opens the door for others to do the same. Check-ins: Check-ins can occur before decision- As in the check-in process, everyone listens making meetings, or in separate meetings. respectfully, and no one comments (although in Everyone around the circle tells what’s going on groups that follow Native American traditions, in their lives at that time, their feelings about it, people often say “ho!” if the speaker’s words have and perhaps their hopes and dreams about it. No touched them deeply). When the speaker is fin- one interrupts or responds — there’s no sympa- ished, the talking stick or ritual object is thizing, criticizing, or offering advice. Usually returned to the center, and there a short period there’s a time limit, such as five or ten minutes of silence. The next person moved to speak does per person. so, and then others, until everyone who wishes to Abundant Dawn allows 15 to 30 minutes of speak has had a turn. Not every person needs to check-in time at the beginning of business meet- speak. In some sharing circles no one speaks ings for members to let each other know what’s twice; other groups encourage individuals to going on that may affect how they communicate speak two or three times. in the meeting, as well as any events that may In another version of this process, when each affect community business itself. “If we just speaker finishes, the ritual object is passed to the learned that someone’s father died that week, for person on the left, who speaks next, and so on example,”says member Joy Legendre,“then we’ll all around the circle. Some groups go around at know why he hasn’t been his normal self lately.” least three or four times, with each person taking one to three minutes each. Sharing circles: Sharing circles are also some- The Roots of Conflict: Emotionally- times wisdom circles, the talking stick process, charged Needs listening circles, heart shares, or the council process. These are sessions in which people share “Most of the time we no longer resist conflict, or what’s true for them and listen to each other ignore it, or try to tiptoe around it,” says Larry deeply. Inspired by the Native American talking Kaplowitz .“We’ve come to see it as an opportunity 204 CREATING A LIFE TOGETHER

to identify our patterns, to uncover and heal our and weeks until it gets unbearable, but eventual- old wounds and distress. We’re usually willing to ly someone always musters up enough courage or stop what we’re doing and address conflict, get to annoyance to shout ‘Enough!’” the root of it, and clear it. Community process consultant Laird “But we’ve accepted that it’s not an instant Schaub defines conflict as at least two people process, nor a tidy one. Lifelong patterns don’t having different viewpoints about something, give up the ghost without a fight. Sometimes we with at least one of them having an emotional fall back on our denial and avoidance for days charge on the matter. Conflict also seems to be a

FIVE WAYS TO RESPOND TO CONFLICT

1. Ignore and suppress it. Rarely a conscious may meet their own needs for aliveness, authenticity, choice, but rather a lifelong avoidance pattern, this healing, connection, or trust, but their strategy of fight- response erodes the quality of well-being in a group. ing with people to meet these needs can drive others Your members might not notice the buried resent- right out of the room and right out of the group. ments accumulating over time, but visitors certainly will. “Why does this group feel so heavy?” And like try- 4. Change how you feel about it. In this response to ing to squash beach balls by pushing them under the conflict, emotional upsets are considered opportuni- rug, ignored conflict always pops up somewhere. ties for personal growth and spiritual development. You don’t address issues that upset you, but rather go 2. Leave it. Leave the subject, leave the room, leave deeply into any anger, fear, or sadness as a result of the the group or the community. Another popular, mostly problem in order to release these feelings and enter a unconscious choice, this is usually a lose/lose situa- state of tranquility. This can empower individual mem- tion, for the person and for the group. bers, and certainly prevents angry confrontations in the group, but it doesn’t necessarily empower the 3. Leap into it aggressively. Some people thrive on whole community or help create sustainable relation- conflict, and enjoy how emotionally alive they feel ships. Gary may continue blasting his loud music at when sparring with others. They may crave emotional 3:00 am and annoy the hell out of everyone else, no intensity; or believe that aggressive criticism is equiva- matter that you’ve become enlightened because of it. lent to “being honest.” They may unconsciously want to recreate a negative but familiar experience from 5. Use the conflict to strengthen the community. early childhood. Some people may not experience Lastly, you can use conflict to generate more under- their feelings consciously, so yelling at others gets standing and connection, and make changes in them in touch with suppressed anger, and it feels behavior to improve how everyone gets along — in great to let it out. Other people can only feel connect- other words, use it as part of “good process.” ed with someone once they’ve had a fight — as if Handled well, dealing with conflict can make a com- they’re testing someone’s solidity or strength before munity stronger, more connected, and lighthearted in they can trust them. By leaping into conflict people the long run. COMMUNICATION, PROCESS, AND DEALING WITH CONFLICT 205 multi-layered process. On the surface it may What can we do about it? We can develop seem to be about differences in ideologies, prior- good communication and process skills, learn to ities, and values, especially about such controver- accept and welcome feedback and do course-cor- sial community issues as children, food, labor rection when necessary, find ways to heal our requirements, and pets. But below that layer, it individual issues, and deal constructively with seems to be about fear, guilt, or resentment, and conflict when it arises. below that, deep longings from early childhood High Woundedness, High Willingness for certain basic human needs — for acceptance, approval, control, love, and so on. “We’ve learned that it’s the little things — the Psychologists recognize that besides physical minor hurts, the small resentments, the petty needs for food, water, warmth, and so on, certain judgments about each other — that subtly yet per- emotional needs must be met for infants and chil- vasively undermine and limit the degree of well- dren to develop into emotionally healthy adults being in our relationships,” says Larry Kaplowitz. — including nurturing, affection, love, accept- “Even a small degree of mistrust can prevent us ance, empathy, connection, being valued, and from really being open with each other. Uncleared, being respected, to name a few.When an infant or this can quickly spiral downward into disconnec- child doesn’t experience nurturing and affection in tion, avoidance, more resentment, and conflict.” adequate amounts, for example, these needs can Clearing these issues often involves offering become highly charged because they’re associated feedback, by which I mean telling someone with the pain of loss, which creates the uncon- about something they did or said and how it scious fear that the person will never get enough affected you negatively. nurturing or affection. Hence, buried pain from long-ago unmet emotional needs can trigger con- COHOUSING AND CONFLICT flict in community 20, 30, and 40 years later. Having deeply-buried emotionally charged Cohousing founders tend to excel at the logistics of form- needs is not the problem. The problem is believing a community — acquiring land and financing, and ing that at some level that community will some- dealing with development — but tend to stumble over how meet these needs. The secret, silent demand interpersonal communication, often becoming that community or other community members embroiled in intractable conflict once they move into must provide what seems to be missing adds a their beautifully constructed buildings. Founders of non- cutting edge to conflict. This is why arguments cohousing communities, however, often stumble over about what on the surface seem like ideologies, business and financial hurdles but seem to instinctively priorities, or values, can be so intense. I may value good process and communication skills. (Founders assume that community means valuing inclusion of more recently built cohousing communities, however, (because I desperately needed acceptance as a seem more aware that the human connection is as impor- child and didn’t get it); you may assume commu- tant as the construction loan.) We certainly need both nity means freedom for each of us to do our own sets of skills! Let’s hope members of cohousing and non- thing (because you desperately needed autonomy cohousing communities will learn from one another, and as a child and didn’t get it). So we end up having we’ll all benefit. fierce fights about what “community” means. 206 CREATING A LIFE TOGETHER

Many people attracted to community have so of the community’s values, vision, or purpose. many highly charged unmet needs that they are easily triggered into hurt, anger, and defensive- 2. Founder’s Syndrome (II). Founders’ clinging ness. They give feedback in brusque, unskilled to an unconscious self-image as parents or ways and resist any feedback that others try to authority figures; assuming a wiser, superior, or offer them. They have what I call “high wound- more privileged status than other members; and edness.” Yet others attracted to community, resenting, undermining, or challenging any equally wounded, are also willing to do what it efforts to question the founders’ authority or takes to heal themselves and learn good process otherwise offer the community innovation, new skills. Such people have what I see as “high will- perspectives, or change. ingness and high woundedness.” Even though dealing with critical feedback is difficult, they 3. Visionary Abuse. When dynamic, energetic, often learn good communication skills well visionary founders, burning with a spiritual, enough to give feedback compassionately, and environmental, or social-justice mission, work develop enough self-esteem to hear and thought- grueling hours in primitive, cramped, uncom- fully consider any negative feedback offered by fortable, or health-risking conditions, and happi- others. They often become community’s best ly expect all members, interns, and apprentices to facilitators, counselors, and mediators. do the same. Related to eco-macho, sustainabler Before dealing with the art of giving and than thou, campground macho (“We all lived in receiving feedback, however, let’s examine some tents for three years with no heat, electricity, or common kinds, as well as some common sources, running water, and you should too”), and com- of community conflict. munity macho (“Community is not for wimps: we can take it, can you?”). Seven Kinds of Community Conflict We Wish We’d Left Behind 4. Violating community agreements. The Here are how certain habitual “old paradigm,” resentment and erosion of community trust that “dominator culture” behaviors and attitudes are occur when a few people don’t follow the com- often expressed when transplanted to intention- munity’s agreements and policies consistently, al community. We can begin to dismantle these while others follow and uphold them. behaviors in ourselves by first realizing that if we want to live more sustainably and harmoniously 5. Letting people get away with violating com- in community than we did in mainstream cul- munity agreements. The further resentment, ture we’ve got to change ourselves too! erosion of trust, and breakdown of community well-being that results when a member isn’t 1. Founder’s Syndrome (I). Unconsciously called on disregarding agreements and so contin- assigning parent and authority figure roles to ues disregarding them. By default the person founders and acting out adolescent rebellion and becomes a kind of community aristocrat with self-identity issues by resenting, undermining, the privilege of living outside the normal rules. and/or challenging the community founders’ wis- Often perpetuated by interpersonal power dom or experience, and/or the validity or relevance imbalances. COMMUNICATION, PROCESS, AND DEALING WITH CONFLICT 207

6. Interpersonal (as compared to “structural”) people’s backs, and others are reluctant to power imbalances. Conflict, resentment, and voice concerns about this behavior for the breakdown of trust in community when fear they’ll be targeted next. some members have more power than others • Hypersensitive power: Reacting to even because of behaviors that others are reluctant to mildly worded feedback or requests for or afraid to deal with. These can include: change as though it were an intolerable • Intimidation power: Habitually emanating personal attack; becoming visibly upset anger, suppressed rage, “panic-anger,” and when others disagree with one’s views or burning intensity; speaking sharply or beliefs; responding with such defensive- harshly, bossing people around, criticiz- ness and self-justification so that people ing people frequently, and sometimes give up:“You can’t tell Reginald anything.” name-calling and shouting people down. This wields power over other community The person with intimidation power members because no one has the energy wields power over other members or patience to deal with this person’s high because it’s difficult to muster the courage level of fear and drama. People with or energy to disagree with their opinions hypersensitive power, like those with or ask them to change their demeanor. intimidating or undermining power, People may have tried many times to ask maintain their power over others because for change and have given up, or the per- they rarely receive feedback. son is now less aggressive as a result of past feedback and others are too worn 7. Assuming the worst about other people’s down to ask for further change, or the motives. Resenting and criticizing someone not person also offers such beneficial qualities only for what they may have done, but also for that others resign themselves to having a the assumed “worst-case scenario” motives for mixed blessing and let it go. their actions (He’s trying to cheat us,”“She just • Undermining power: “Bad-mouthing,” dis- wants to bully everyone,” “He’s always trying to crediting, and undermining another per- show off ”) and using these assumptions as proof son’s behavior and/or character to other of the person’s malfeasance or character flaws community members; assuming the without (1) realizing these are assumptions, not worst about the targeted person’s motives facts, and (2) not asking the person if the and then criticizing those motives to oth- assumptions are true. ers (“He’s just trying to rip us off,”“She’s Twenty-four Common Sources of just trying to control everyone”); not dis- Community Conflict tinguishing between one’s own fears about the person and objective reality; “Structural Conflict” Set-ups not talking about these concerns with the 1. Vision and values differences. Arguments targeted person or setting up a third- over how money should be spent, or how time party mediation. The undermining per- and labor should be allocated, based on differing son wields power over others in the com- values or visions about the community. (See munity because s/he operates behind Chapter 4.) 208 CREATING A LIFE TOGETHER

2. “Structural” power imbalances. Resentment 7. No processes for accountability. Resentment, and blame arising from real or perceived power blame, and flying accusations because some of us differences in terms of how decisions are made didn’t do what we said we’d do, and certain proj- and who makes them, or who has more influence ects can’t move forward because some earlier than others in the group, either because of per- tasks are unfinished, causing us to lose money or suasive influence, expertise, or seniority in the miss important opportunities. community. (See “Interpersonal power imbalances,” above.) 8. No membership criteria or new-member screening process. Resentment and mistrust 3. Exhausting, divisive, or unproductive meet- arising because new people enter who don’t share ings. Resentment and anger from too-frequent, our values and vision, don’t align with our com- overlong, or dragging meetings that accomplish munity culture, or can’t meet our financial and little and go nowhere, or meetings characterized labor requirements. (See Chapter 18.) by resentment or hostility. (See Chapter 6.) 9. Being swamped with too many new mem- 4. Lack of crucial information. Arguments about bers at once. Disorientation, overwhelm, whose fault it is that we’re suddenly stopped in depression, loss, or panic because the “container” our tracks, or must raise unexpected funds of our shared history, values, and culture is because we didn’t adequately research something threatened or damaged by the sudden influx of earlier; for example, not knowing that our local more people than we can assimilate easily. zoning regulations don’t permit our planned pop- (Forming community groups and communities ulation density or clustered housing, or not know- do better to add new members slowly.) ing composting toilets are illegal in our county. 10. High turnover. Disorientation, overwhelm, 5. Remembering verbal agreements differently. depression, and associated emotions because too Eruptions of resentment, blame, or hostility high a percentage of members are continually because some community members appear to be coming and going for the community to estab- dishonest or trying to cheat others, because we lish a sense of itself. The center does not hold; all remember our financial or other agreements there’s no “there” there. differently. We can’t just look up the agreements Differences in Work and Planning Styles because we didn’t write them down. (See Chapter 7.) 11. Processors vs. Doers. Conflict between group members who want to process emotions or 6. No communication or behavioral agree- clear up points of meeting procedure, and those ments. Misunderstandings and resentments who want to focus on facts, strategies, and “real” because group members have widely divergent things, but who sometimes override other peo- communication styles or behavioral norms. ple’s feelings or ignore agreed-upon procedures. What are our norms for how people talk to each another, or express disagreement and strong 12. Planners vs. Doers. Tension between those emotion? who want to gather facts and data and make COMMUNICATION, PROCESS, AND DEALING WITH CONFLICT 209 long-term plans before taking action, and those 18. Time-crunch issues. Disagreements about who want to leap in and get started. the amount of time spent in meetings and on community tasks versus. time with one’s family 13. Spiritual vs. physical manifesters. or household. Conflict over the best times to Annoyance and impatience between those who schedule meetings or community projects so want to use visualization, affirmation, or prayer they’re convenient for everyone. Arguments over as the primary means to manifest community, how consistently community members should but may not feel comfortable with budgets, contribute to the group and whether it’s OK to mortgages, shovels, or power tools, and those take periodic breaks. who want to use strategic plans, cash flow projections, and work parties as the primarily means 19. Gender imbalance and power-over issues. to manifest community, but are leery of“invisible Power imbalances and resentments if there are stuff.” considerably more members of one gender than another, or one gender dominating some areas, 14. Differences in information processing. or one gender consistently teasing, behaving sug- Disrespecting, dismissing or devaluing people gestively towards, or dominating the other. who may process information differently (visual- Neighbor Issues ly rather than aurally, in wholes rather than step by step), or at a different pace than we do. 20. Behavioral norms. Conflict over what’s considered acceptable behavior in community; for 15. Differences in communication style. example, to what degree people might intervene in Socioliguistic differences based on region, eth- or restrain potentially unacceptable, unsafe, or nicity, subculture, socio-economic background, destructive behavior of other people, their chil- gender, or whether a member has lived in com- dren, or their animals. Can community members munities for decades or just arrived from the request changes in parents’ child-raising style, or mainstream. request that others restrain, train, or fence their animals? What are standards of acceptable behav- Fairness Issues ior outside the community, where someone’s 16. Work imbalances, or perceived imbalances. behavior might reflect on the community? Resentment toward those who work less often or less rigorously on community projects than we 21. Boundary issues. Tension about what com- do, or than they’ve previously agreed to. munity members do on their homesites, in their adjacent homes, or shared common spaces, that 17. Financial issues. Arguments over who’s can be seen or heard by others, including what expected to pay for what, and if and when noises may too loud or disruptive to others dur- money can be reimbursed. Resentment and tening certain hours or what physical objects might sion over the relationship between financial con- be an eyesore to others. What behaviors — such tribution and the amount of influence in deci- as disciplining children, having loud arguments, sion-making. butchering livestock, drinking, taking drugs, nudity, displays of affection, or sexual expression 210 CREATING A LIFE TOGETHER

— are fine for some to overhear or view are fine defensiveness and escalate the problem. And and which are “over the line.” To what degree although you can also request that the person do can fellow community members borrow each things differently in the future, this can also other’s personal items without asking? What make things worse, if wanting the person to degree of playful, affectionate, or sensual physi- change is the only reason you’re giving the feed- cal touch is welcome to some and unwelcome to back. others? “Get in touch with your motives for offering feedback,” advises process consultant Paul 22. Care and maintenance issues. Conflict DeLapa. “If your intention is to offer informa- about standards for taking care of and maintain- tion about how the person’s actions or behavior ing jointly owned equipment or tools, and who’s affected you, there’s a good chance the person can responsible. hear and accept it. But if your motive is to change them, it probably won’t work.” 23. Cleanliness and order issues. Tension over Don’t try to convince or coerce them.“People standards for cleanliness in common rooms, and don’t resist change itself as much as they resist cleanliness of jointly used items and how they’re ‘being changed’,” says Paul. So offering feedback stored, particularly in kitchens and bathrooms, can support someone’s own willingness to and who’s responsible. change something if the feedback is offered in a way that doesn’t register as a demand or as an 24. Lifestyle issues. Conflict arising from items implication that they’re somehow bad or wrong. some members may own or activities they may How you say it has everything to do with how enjoy privately — smoking, liquor, drugs, guns, feedback will be received. It requires all the best pesticides, and meat eating — which may be no communication skills we can muster — using big deal for some but disturbing to others. neutral language, describing what the person actu- Conflict over the degree to which relationships ally did rather than assessing his or her character between families, couples, or households may be or motives, and using real feeling words rather the business of other members, such as parents’ than blame-words. Again, the best process I know discipline or lack of discipline with children, of for offering feedback constructively comes from open marriages, polyfidelitous relationships, or the Nonviolent Communication process. gay or bisexual relationships. To what degree is Receiving Feedback — Listening for how people treat each other in their love relation- Kernels of Truth ships the business of other community members? Every one of these conflicts can be reduced or Even if you learn to offer feedback skillfully, prevented by well-crafted agreements and proce- much of the critical feedback you may hear dures, good training in group process, or both. about yourself could be delivered in a graceless manner. Even people committed to good process The Fine Art of Offering Feedback can still speak awkwardly or harshly when Offering feedback is not an attempt to assess or they’re trying to deliver a difficult message. You guess or criticize the person’s intentions or could get feedback that implies or outright states motives. If you do that, it’ll probably trigger that you’re wrong, bad, or defective in some way. COMMUNICATION, PROCESS, AND DEALING WITH CONFLICT 211

You can hear guesses and presumptions about But what if he’d said: “You’re a slob who your motives stated as facts. You can be told you leaves a mess every time you use the kitchen! We “always” do such-and-such or “never” do such- always have to clean up after you!” With a mes- and-such. You can be armchair-psychoanalyzed sage like this, it can take a great deal of patience as to what childhood factors cause your malfea- and tolerance not to retaliate in kind. If you do, sance. This can be so painful it completely you, Jason, and the whole community will prob- obscures the important information the person ably feel worse. If you respond more neutrally as is trying to give you. suggested above, you’ll have helped the commu- Hearing critical feedback can hurt. Not only nity’s well-being by not adding to the burden of because of any harshness in the delivery, but also ill will Jason has just dumped into it. because of the possibility that, to whatever How do you know when feedback is true? extent, it may be true. It helps to keep some prin- Introspection, self-observation, and any manner ciples in mind: of self-awareness techniques, including asking for inner guidance, can help you assess its degree 1. Just because feedback is delivered in a critical, of truth. Even better, you can ask other commu- exaggerated, or hostile manner doesn’t mean nity members directly. I recommend doing this it doesn’t contain a kernel of truth — or in relatively straightforward way, for example: maybe a lot of truth. “Excuse me, Sally, do I sometimes leave a mess in the kitchen?” 2. On the other hand, it could be a projection of Sally could say,“You sure do. I’ve been mean- the person’s own issues onto you, with nothing to tell you about it. Would you please take ing to do with your own actions or behaviors. more time to clean up after you’re done?” 3. And even when delivered skillfully, feedback Or she could say,“Hmmm, let me see. Well, might still be exaggerated, or partially or maybe once or twice, but not all the time.” wholly invalid. Asking various people and getting a consis- Hearing critical feedback requires at least tent response one way or the other is one way to two skills: the ability to respond to the person in gauge the accuracy of someone’s feedback. a way that doesn’t make things worse — for you, Asking questions in a straightforward way gives for them, and for the whole community; and lis- you a better chance of getting neutral, accurate tening for the kernel of truth in what they say information. and finding ways to check it out objectively. But suppose you felt so hurt or angry by how Suppose Jason says:“I’m annoyed and frustrat- Jason criticized you that you exaggerated and ed by the mess in the kitchen after you’ve used it. “horriblized” what he said when you tried to ver- I’ve been cleaning up after you and I’m getting ify it: “Jason says I’m a horrible slob who always tired of it. I wish you’d clean up after you’re done.” leaves a mess in the kitchen and everywhere I go. Constructive responses could include He says everyone always has to clean up after me! (depending on how accurate you think Jason’s Is that true?” observation may be): “Thanks for telling me,” or This defeats your chances of getting accurate “Thanks, I’ll consider that,” or “Thanks, I’ll do feedback, because Sally would probably say something about it,” or just “Thanks.” something like: “Of course not! You don’t leave 212 CREATING A LIFE TOGETHER

messes everywhere!” And you’ll have missed the Threshing Meetings kernel of truth that you do, in fact, sometimes “The amount of time and energy conflict can leave a messy kitchen. suck out of a community can endanger its viabil- We can help create sustainable relationships ity,”says Dave Henson of Sowing Circle/OAEC. by giving feedback as skillfully as we can, without He’s right — and it’s everyone’s business to expecting or demanding that other people are any resolve small conflicts before they become com- good at it. We can sift through any graceless or munity-wide conflagrations. harsh criticism for whatever helpful truths about Most communities profiled in this book have ourselves we can glean. This is a lot to ask. Yet it’s regular meetings to unearth small conflicts before the rock polisher in action, and it’s one of the best they escalate to larger ones. Threshing meetings ways we can use community to grow and heal are like safety valves that periodically let off pres- ourselves and strengthen our relationships there. sure, and can include giving appreciative as well as critical feedback, venting frustration or anger, asking people for specific changes in behavior, or HEALING OUR INDIVIDUAL ISSUES simply exploring controversial issues. Using processes like threshing meetings to If several people say give us the same feedback, maybe handle conflicts early, when they’re small, often we should do something about it. But what? How can prevents them from mushrooming into major we get along better with each other, and help our lives conflagrations later on. It’s also much easier for a become happier, lighter, and more enjoyable? group to resolve large conflicts once they’ve “Thought field therapy” is a relatively new method learned to handle smaller ones. for releasing hurts and wounds from the past that may Abundant Dawn members set aside an hour be influencing perceptions and attitudes in the present. and a half twice monthly for what they call “per- I’ve tried various therapies over the years, but never sonal/interpersonal time.”People describe what’s found anything so effective, painless, cheap, and fast. It going on in their lives, says Joy Legendre, as well can take only three or four sessions, for example, to as delve into any conflicts. “Just knowing that make a noticeable difference. Thought field therapy space is there for us to bring these issues up helps doesn’t require re-experiencing or even understanding defuse the little tensions and problems. It’s easi- old upsets, or using visualization or affirmations. It’s er to let them go and not get bothered by them, essentially a mechanical technique involving certain just knowing that we can always discuss them at acupuncture points, but without the needles, and one the meeting.” can do it at home, without a therapist. It seems to work But they’re not called “threshing” meetings by healing issues at the core — for me it’s like pressing for nothing. “Public feedback sessions can be the “erase” button on a tape recorder, unbelievable risky,” cautions process consultant Paul though that sounds. I recommend this healing tool for DeLapa, “because it risks undermining trust any community members seeking an exceptionally fast between people instead of building trust.”Many and simple way to peel away the negative layers that people aren’t willing to offer feedback one-on- can get in the way of sustainable relationships. (See one, and will criticize people behind their backs Resources.) rather than speak to them directly. In public COMMUNICATION, PROCESS, AND DEALING WITH CONFLICT 213 feedback sessions such as threshing meetings Creating Specific Conflict Resolution these are usually the people who suddenly feel Agreements free to unleash the floodgates of pent-up frus- Some groups create a set of agreements about tration and resentment. For the person receiv- how community members will handle conflict ing the feedback it can feel as thought they’re when it comes up. Here are the agreements being ganged up on. If everyone in a group Sowing Circle made, excerpted from their plans to give one member feedback, Paul rec- “Conflict Resolution Policy.” ommends that the person sets up some boundaries, such as what kind of feedback they’d be Sowing Circle Community: Conflict willing to hear, and how they’d prefer it be Resolution Policy delivered. Establishing some boundaries first When confronted with conflict of any kind, empowers the person and helps them feel less the community agrees to adhere to the conflict vulnerable. resolution principles and steps outlined below: But in some circumstances feedback offered I. Problem-Solving Ground Rules. All mem- in a group setting can be easier to take than bers agree to attempt to solve problems by first one-on-one. If Vaughan gives Sally critical feed- dealing directly with the person or persons with back, and other group members say they’ve whom he/she is experiencing problems. Implicit never had that experience themselves, it could in this agreement is a commitment to honest, offer Sally a wider perspective and lessen the direct problem-solving. All members will agree sting. And if Vaughan were to offer feedback in to the following ground rules when involved in a harsh way, other, more skilled communicators conflict resolution efforts: could intervene, and remind him to alter his 1. A commitment to mutual respect. language. 2. A commitment to solve the problem. The public/private scale exercise, first sug- 3. No put-downs. gested for the visioning process can help peo- 4. No intimidation, implied or direct. ple in a threshing meeting (or any meeting) 5. No physical contact. break the ice in discussing an issue that they’re 6. No interrupting. reluctant to talk about publicly. Let’s say it’s 7. Agreement to use the conflict resolution pro- believed that someone repeatedly breaks com- tocol, below. munity agreements or has seriously breached behavioral norms, or some members cannot II. Conflict Resolution Protocols. Community meet their financial obligations to the commu- members in conflict will: nity, or it’s rumored that someone may be • Make a good faith effort to resolve the harming a child — and no one wants to bring problem between/among themselves. If it up. Using the public/private scale and fram- this does not work, the members in con- ing the issue as a series of questions makes flict will: public the range of members’ opinions about • Ask a mutually agreed-upon member to the issue, which can help induce people to help mediate and solve the problem with speak up and address the matter directly. (See those having the conflict. If this does not Exercises, Chapter 5.) work, the members in conflict will: 214 CREATING A LIFE TOGETHER

• Formally request assistance from the IV. Confidentiality with Regard to Internal community in solving the problem. Community Conflict. In the spirit of protecting • If the community is unable to assist in the privacy and rights of members of the com- resolving the conflict, and all avenues of munity, we are committed to maintaining confi- conflict resolution have been exhausted, dentiality regarding individual and community then the community may choose to issues of a sensitive nature when speaking with engage in outside mediation to solve the people outside the community. problem. Helping Each Other Stay Accountable III. Third Party Confidentiality. We recognize to the Group the importance of the conflict resolution protocol One of the most common sources of conflict in outlined above, and agree to abide by it in princi- community occurs when people don’t do what ple and practice. As non-involved parties, we will they say they’ll do. As in business, this often encourage conflicting parties to deal directly with causes repercussions “downstream,” since some one another. However, we also recognize the people count on others to finish certain prelimi- need, at times, to discuss, seek advice, or seek nary steps before they can take the next steps. comfort from others while in the midst of con- But by putting a few simple processes in place, flict. Such a situation requires confidentiality. As community members can help each other stay “third parties” who are approached for solace, accountable to one another in relatively painless, advice, etc., we agree to provide these things in guilt-free ways. the spirit of helping to improve the situation. One is to make agreements about tasks in We do not wish to contribute to rumors, meetings, and keep track of these tasks from gossip, “bad-mouthing,” or the perpetuation of meeting to meeting.This involves assigning tasks problems. If a person who is experiencing a con- to specific people and defining what they’re being flict with one or more people on the property asked to accomplish and by what time. It also approaches a neutral “third party” it is under- involves having a task review at the beginning of stood that the person is responsible for keeping every meeting — the people or committees who the health and well being of the community in agreed to take on these tasks report whether they mind. That is, while maintaining confidentiality, have been done, and if not, when they will be. the third party should remind the conflicted It also helps to create a wall chart of assigned person of the conflict resolution protocol, if nec- tasks with expected completion dates and the essary. In addition, by virtue of being privy to person or committee responsible for each. the conflict at hand, the third party is also Assign someone the task of keeping the chart responsible for monitoring the situation. If the current and taping it on the wall at meetings. feelings, issues, etc., are leading to greater con- Community activist Geoph Kozeny suggests flict or to a weakening of the community, then creating a buddy system, where everyone is the third party should take steps toward facili- assigned another group member to call and tating resolution, even if this means exposing courteously inquire, “Did you call the county the fact (not details) of the problem at hand to yet?” or “Have you found out about the health others in the community. permit?” This is not about guilt-tripping; it’s COMMUNICATION, PROCESS, AND DEALING WITH CONFLICT 215 about helpful inquiry and mutual encourage- ment. These methods rely on the principle that GETTING OUTSIDE HELP it’s more difficult to forget or ignore responsibil- Sometimes conflict gets so entrenched and seemingly ities if they’re publicly visible. Social pressure can irresolvable that communities call in process gurus, con- often accomplish what good intentions cannot. sensus facilitators, or other communication consultants to If not completing tasks becomes an ongoing help sort out the problem. These consultants are skilled problem with one or more people in the group, in process and conflict-resolution methods, and, since you can add additional processes. For example, they’re often community veterans themselves, their com- when anyone accomplishes a task, thank and munity experience gives them a context for the unique acknowledge the person at the next meeting. challenges that arise when people attempt to live more When someone doesn’t accomplish a task, the closely and interdependently. (See Resources for sug- group as a whole asks the person to try again. gested community process consultants.) After awhile, the simple desire not to let others down usually becomes an internalized motivator When people repeatedly don’t do what they for more responsible behavior. promise and others continue to hold them If someone still frequently fails to do what accountable, it usually results in the person they say they’ll do, you can use a graduated series either changing their habits or eventually leaving of consequences. (See below for a more detailed the group. explanation of a graduated series of conse- A Graduated Series of Consequences quences.) First, several people could talk with the person, for example,. describing the repercussions It’s especially painful for community groups to the group of failing to follow through. If that when someone consistently violates agreements doesn’t resolve it, the matter could be taken up by or behavioral norms, or refuses to make changes a committee convened for this purpose. Last, it repeatedly requested by other community mem- could become a matter for the whole group. bers regarding behavior or communication style. Why is this such a common source of com- One remedy is to agree on and implement nega- munity conflict? I think it’s about developing the tive consequences for such offenses. In order to habit early in life of procrastinating or agreeing protect a community, it’s possible to design a to take on more than is possible, and not having graduated series of fair, compassionate conse- enough motivation to change. When we live quences, from mild to increasingly serious, that alone or live with our families, it’s relatively easy treat people with respect while inducing them to to change our minds about whether or not, or make necessary changes. when, we’ll do something we said we’d do, or just Many communities have no consequences plain let it go. But in a forming community for such breaches, partly because most of us feel group or community, this can have widespread uncomfortable considering such matters, and negative impacts on other people, and we’ll cer- partly because having negative consequences tainly hear about it. It can take time, energy, and seems no different than the fines and jail sen- commitment to shift from “live-alone” or “single- tences of mainstream society. It’s difficult for family” mode to consistently considering how community members to propose or implement our actions will affect others. coercive methods of governance when what they 216 CREATING A LIFE TOGETHER really want is a finer, kinder, more conscious 2. If this doesn’t work, four people meet about society than the one they grew up with. For the the problem — the first two and a trusted same reasons, the communities that do have con- friend of each, again, requesting that the per- sequences are often reluctant to enforce them. son make changes. Still other communities have consequences, 3. If this doesn’t solve it, the person meets with but the consequences are too severe for the the Accountability Committee to resolve the offense, so people are loathe to employ them. For problem. example, one large income-sharing community 4. If this still doesn’t solve it, the Accountability has just one consequence for members who get Committee creates a five-month contract too far in the “labor hole” (failing to do their share with the member that outlines how he or she of labor) or the “money hole”(borrowing too much will make the necessary changes, and meets against future stipends) — eviction from the com- with the member monthly for updates. The munity. But this requires polling the members for purpose of the contract and meetings is not to 100 percent agreement to take this action. While punish or humiliate the member, but to many people in this community have gotten into encourage and support their making the the labor hole or money hole over the years, this changes. consequence is rarely proposed. And when it is, 5. If even this doesn’t work, the whole commu- usually enough friends of the member in question nity meets specifically to decide what action vote against it so he or she doesn’t have to leave. to take, which may include asking the person Everyone loses here. The community continues to to live somewhere else for a while, and possi- financially carry members who contribute less and bly also revoking his or her membership. The take more, and the offending member continues to member can participate in this meeting, but get away with irresponsible behavior and has little has no blocking power. motivation to change. 6. If most members want to take this action but Occasionally, community members need a one or more people block it, the committee series of consequences to finally understand that meets with the member in question and the they must make changes. When all else fails, coer- those blocking the proposal to seek resolu- cion can give a person a needed kick in the pants. tion together. Community Alternatives Society in Vancouver, Canada, had no real “rules” until they The number of consequences a group has, were forced to create agreements about behavior, and how far it goes (a whole-group meeting? and more importantly,institute a graduated series expulsion?) will depend on the size of the group of consequences if anyone breached them. This and how deeply connected people feel — often a community’s series of consequences treats mem- function of how long they’ve been together. bers with respect, yet has “teeth.”Here’s what they Isn’t it drastic to put a member back on a do if someone seriously violates behavioral norms provisional membership status, or ask them to or repeatedly breaks community agreements: live elsewhere for a while, or worse, to ask them 1. One person talks with the member in ques- to permanently leave the community once you’re tion about the problem and asks him or her all living on the land? Yes, it is drastic. And some- to make changes. times, when the violation is severe enough or the COMMUNICATION, PROCESS, AND DEALING WITH CONFLICT 217 conflict too wrenching, it’s the only way to protect your forming community group or commu- IDEALISM AND DISILLUSIONMENT nity from breaking up altogether. After they took the first Naka-Ima work- Community founders and newcomers often assume that shop, Lost Valley members noticed two diver- they won’t need conflict resolution methods, ways to gent trends developing in their community.Most help each other stay accountable to the group, or conse- members wanted to move in the direction of quences for violations agreements — since none of these more cooperative and shared resources, but felt issues will ever come up in their community. They assume frustrated because other members wanted more they won’t be living in the “old paradigm,” so why have independent lives. At that time, as a relatively remedies for it? But a few months or a few years into the small consensus-based group of ten members, it process they see that heir community does not at all seemed that without something changing resemble the harmonious and deeply connected “new nobody would be able to get what they really paradigm” family they envisioned, and disillusionment wanted — especially since using consensus sets in. requires a common purpose. Usually they blame the community itself (“We’re so “To those of us who held the cooperative screwed up!”) or particular members (“If only Ollie vision,” Larry recalls, “it seemed necessary to would leave!”), rather than realizing they had unrealistic break with precedent and ask the others to leave, expectations to begin with, and they are having a typical freeing the energy to move forward. We didn’t (some say, inevitable) community experience. feel we had enough of a foundation to tolerate Community life is more functional and satisfying than that kind of diversity. This was the first in a life in mainstream culture — but often not as functional series of courageous and risky choices that we and satisfying as we’d hoped! believed we must take to restore our integrity as Community is like crossing a bridge between win- a community.” lose culture and the more harmonious and sustainable The people did leave, and Larry reports that culture we aspire to and would like to leave to our chil- the community became more harmonious dren. Community members are traversing the bridge, because of it. passing from one realm to the other, helping generate that future as we keep learning better how to interact and communicate with each other in cooperative, win/win ways, resolve conflicts successfully, and so on. Asking someone to leave your group or commu- Utilizing the processes described in this chapter isn’t nity is probably the most disruptive and painful evidence of our community’s failure. These processes are way to deal with apparently irresolvable conflict. like training wheels; they’re small, helpful, devices to help It is far easier to address the likelihood of such us travel more easily from we’ve been to where we’re conflict ahead of time by carefully choosing the going — toward communities that are socially, ecologi- people who join you. We’ll address this contro- cally, and spiritually sustainable. versial topic in Chapter 18. Chapter 18 Selecting People to Join You

N THE MOUNTAINS AND HIGH DESERT val- members’ use and enjoyment of the land. As a Ileys of southwestern Colorado, six profession- consensus-based group, no one could force the al women in their forties through sixties planned issue unless everyone agreed, and Regina didn’t. a small community I’ll call Pueblo Encantada. (And because they were new to consensus, no After awhile it became clear that a seventh per- one realized there had been no real agreement in son who’d recently joined the group, whom I’ll the first place since they’d never decided as a call Regina, couldn’t afford the $20,000 land- group to allow Regina to use that amount of purchase contribution. Everyone assumed she’d land.) The conflict grew steadily worse. The no longer be involved, but Regina, deeply moved other women resented Regina for behavior that by the vision of a rural community in a beautiful seemed unfair and demanding, especially since setting, was convinced it was her destiny.“I know they had literally gifted her with community I should be there,”she said.“It’s calling to me spir- membership out of their own pockets. Over the itually.” So the other members, moved by the next several months feedback sessions didn’t desire not to exclude anyone for financial rea- work, threshing meetings didn’t work, outside sons, and unwilling to go against anyone’s strong mediation didn’t work. Finally, the others offered spiritual conviction, took Regina into the com- to split the 11 acres, with Regina retaining an munity, bought an 11-acre property, and placed acre and a half, although not the portion she her name on the deed with everyone else’s. wanted. She could reimburse the others in Most of the women lived and worked in monthly installments, with no down payment. town and visited the land on weekends, planning The community would continue, minus Regina, to move there as soon as they could afford it or on the remaining nine and a half acres. But she after they retired. But a few, including Regina, refused. By now an intolerable situation, the only lived on the land full time. recourse the women had was to sue Regina to After about six months, tension arose over force the sale of the property and get their land use. Regina had acquired a horse, and insist- money out. This they did. In less than a year and ed on certain requirements for pasturage and a half, Pueblo Encantada had become Pueblo access to water, although this limited the other Nada.

218 SELECTING PEOPLE TO JOIN YOU 219

If this weren’t bad enough, because Regina want to select people whose lives demonstrate was on the deed as co-owner, the court disbursed they can do this. Ideally, you’ll select for emo- to her one-seventh the proceeds of the sale, in tional maturity and self-esteem. Not having a spite of the fact that she’d paid not a dime. But membership selection process can be a heart- this wasn’t the worst part. The worst part was breaking source of structural conflict later on. that every one of the six women had felt uneasy “If your community front door is difficult to about Regina when they’d met as a core group. enter, healthy people will strive to get in,” says Her energy, her communication style, and her Irwin Wolfe Zucker, a psychiatric social worker near-insistence that she belonged on the land, and former member of Findhorn and other com- had raised red flags for everyone. But no one had munities.“If it’s wide open, you’ll tend to attract said a word, not wanting to appear unkind, or unhealthy people, well-versed in resentful worse, “selfish.” Wanting to be generous, unwill- silences, subterfuge, manipulation, and guilt ing to heed telltale signs, and ashamed of their trips.” Once these people become members of feelings of aversion, no one voiced her private the group, he warns, everyone’s energy may later misgivings. Being “nice” cost them their dream. be tied up in getting them out again. A membership screening process usually Select for Emotional Maturity — the “Narrow Door” means a period of time visiting the core group or community as an observer, answering questions, Pueblo Encantada’s story is not at all unique; I’ve being interviewed by the group, and acceptance heard many variations of this tale in the years through the consensus process. In forming- I’ve been watching forming communities. groups, this can include paying membership Accepting someone into to your core group dues and/or fees towards land purchase. In or already-established community who isn’t already-established communities, this usually aligned with your vision and values, or who trig- means a more rigorous set of questions, a longer gers strong reservations, doesn’t work. It can visiting period, a six-month-to-a-year provision- potentially lead to spending hours of meeting al membership, and possibly higher membership time on conflicts that leave everyone drained and fees. exhausted, or worse, to lawsuits and community An important part of the screening process is break-up. And, because people project so much how accurately the group describes itself pub- idealism onto community, we tend to make the licly. Done well, your promotional materials same kinds of mistakes choosing community (brochure or other handouts, inquiry response mates as we do choosing lovers: leaping before letter, website, classified ad in Communities maga- we look, projecting idealized archetypes onto zine, listing in the Communities Directory), will ordinary folks, refusing to pay attention to tell- draw those people aligned with your values and tale signs. vision, and who are able and willing to meet your The antidote is to put in place a well- time, energy and financial requirements. designed process for accepting and integrating Your promotional materials can help you new members and screening out those who don’t draw the kinds of people you’re seeking and resonate with your group. Since community liv- deter anyone else. You can be explicit about this ing involves getting along well with others, you’ll if you wish. One community’s brochure reads: 220 CREATING A LIFE TOGETHER

We’re looking for people who feel confident and It makes sense to have a formal member- good about themselves, who have achieved a screening process once you’re living together in degree of emotional maturity, and who can get community, but is it reasonable to ask someone along with others in a group situation. to go through all this simply to attend meetings of your core group? It doesn’t make sense for vis- We’re interested in people who don’t feel that itors who will simply observe and offer com- they’ve been harmed or taken advantage of by ments. But it does if they will become decision- others, or who don’t get the feedback that making members who’ll help influence the they’re moody, or touchy. We’re seeking people future of your community. who enjoy the company of others, and are will- Another reason to screen new core group ing to ask for what they want and need. members involves keeping the ones you’ve got.

WHO DOES WELL IN COMMUNITY?

1. Someone who doesn’t “need” it. People who are what’s expected of them. But with enough “high will- fulfilled and doing well in their lives are more likely to ingness,” such people can use community as a learning thrive in and contribute to community. opportunity and become fully contributing members.

2. Someone with a healthy sense of self. People 5. Someone willing to abide by group agree- with emotional maturity and self-esteem, who know ments. Some people fiercely guard their autonomy, what they want and know their strengths and weak- find the idea of interdependence with others unset- nesses, and who are seeking personal growth for tling, and tend to bristle when asked to do follow themselves, tend to do well in community. rules or perform a task. Again, with enough “high willingness,” such people can move from “I” conscious- 3. Someone who is open to and able to hear ness to “we” consciousness without losing their sense other points of view. The aggressive, competent of self. It feels good to be interdependent with oth- business executive or entrepreneur who instinctively ers; however, for some people it takes a certain knows best and makes decisions quickly tends to feel amount of self-confidence and trust even to try it. frustrated and impatient in community until he or she becomes comfortable with cooperative decision- 6. Someone willing to speak up. People who are making. Then such a person can thrive in community willing to take the initiative, say so when they disagree and contribute a great deal. with others, and ask for what they want, tend to do well. 4. Someone with a sense of connection to people and an interest in the well-being of others. 7. Someone willing to be quiet and listen. People Obviously a socially confident person who likes peo- who always know what’s best, or who are dynamic, ple will enjoy community, but people who are shy or assertive, and full of ideas, may need to tone down natural loners can have difficulty at first. They can be that energy somewhat in group meetings in order to insensitive to other people’s needs and have no idea give others the space to speak. SELECTING PEOPLE TO JOIN YOU 221

Once you’re living in community, it’s not easy for resources. It’d be a shame to let in someone in someone who’s fed up with a newcomer’s behav- who could destroy what has taken so many peo- ior to leave. But until a core group’s level of com- ple so many years to create.” mitment has increased, for example, after buying But what about the rock polisher effect? land, if someone joins you who annoys or dis- Aren’t everyone’s rough edges worn smoother by rupts the group, anyone in the core group could contact with everyone else’s? Veteran communi- become annoyed enough to walk away and never tarians often point out that most people natural- return. ly mature in community because of the (hopefully) constructive feedback they’ll receive and the But is it Community? natural tendency to learn from the (hopefully) Many people don’t think it’s “community” unless good communication skills modeled by more the group is inclusive and open and anyone can experienced members. Many groups know peo- join. Doesn’t community mean offering a more ple who were difficult to be around when they accepting, inclusive culture than mainstream first arrived, but were so motivated to learn that society? they became model community members. Most experienced communitarians would But the rock polisher effect appears to hinge reply that not having criteria for new members on the willingness of the potential new member — admissions standards, if you will — is simply to learn and grow and change. I’ve seen forming an invitation for emotionally dysfunctional peo- communities — even those with otherwise fine ple to arrive. Without realizing it, they seek out process skills — break apart in conflict and communities in order to heal childhood hurts sometimes lawsuits because even just one mem- and wounds. They look to community to pro- ber didn’t have enough self-esteem to function vide the loving family they never had. (One com- well in a group.The person’s “stuff came up”— as munity founder told me that their community everyone’s does in community — but theirs was sign out front might as well have read: too destructive for the group to absorb. When a “Emotional Hospital — Welcome.”) person is wounded and having a difficult time, he When I bring this up in workshops, many or she can certainly benefit from living in com- people shift uncomfortably in their seats — it munity,and,ideally,can heal and grow because goes against the grain to consider excluding peo- of the support and feedback offered there. But a ple. I can always spot the experienced communi- certain level of woundedness — without “high ty members though; they’re the ones rolling their willingness” — appears to be too deep for many eyes with “you can say that again” looks. They’ve new communities to handle. I believe one deeply usually learned this through bitter experience; wounded person can affect a group far more than there’s no reason you should learn it the hard ten healthy people — potentially derailing the way too. community’s agenda and draining its energy. “An intentional community is a scarce and Passive Victims, Outraged Victims valuable commodity in our culture,” observes communitarian Harvey Baker of Dunmire Consider the person who has had the misfortune Hollow in Tennessee, “existing only because its of being abused as a child and hasn’t had much founders have invested a lot of time and human healing before approaching your group. Such a 222 CREATING A LIFE TOGETHER person usually feels needy at some level, and environmental illness, one of the children has tends to interpret other people’s inability or special needs, the dogs have fleas and the mange. refusal to meet his or her needs as simply more (The potential drama and cost to the communi- abuse. ty escalates if the father of Darleen’s children is Sometimes the person seems timid, passive, trying to take them away from her, or wants to or insecure, which people sometimes character- move in and abuse her further.) Darleen is ize as having “victim” energy. Others, equally exhausted and desperate, and of course you want hurting, have the opposite traits, appearing edgy to help her. By all means feed the family, give and intense, or erupting into anger rather easily. them shelter for a few nights and a little money, In both cases, it appears that on an unconscious if you like. Encourage Darleen to get help with level, the person expects to be victimized, and is county social services. Just know what you’ll be “ready for it” in advance. Such a person tends to taking on if you let her join you. either seek out abusive situations or provoke Lost Valley once rescued a single mother in normally mild-tempered people to anger. They circumstances like these, and she ended up can perceive angry or abusive behaviors where resenting and blaming the community no matter they don’t exist, and conclude,“See, I knew you’d how they tried to help. “We didn’t have what it abuse me.” took for her to continue accepting our charity,” The problem is not that the person was once Dianne Brause recalls wryly. victimized, which obviously wasn’t their fault. Or let’s say Mike arrives at your door. Angry The problem is the ongoing interpretation of with the corrupt powers that plunder the Earth, other people’s actions as victimizing them. he’s certain of his convictions and passionate Here’s how this often plays out in communi- about social change. He knows community — ty. Let’s say Darleen arrives at your door, or your community — is part of the answer. He begins attending meetings of your core group. joins and you welcome his zeal. All is well for She’s in difficult life circumstances; you feel awhile. compassion and want to help, so you do.You feel Soon tension builds between Mike and a few good about this, and all is well for awhile. But others. The feedback he gets is wrong; requests soon tension builds between Darleen and other for change are power-plays; sharing circles are for members. At sharing circles she retreats. wimps. Any “process” attention the community Attempts to offer her feedback are rebuffed. gives Mike is coercion. At first your community Requests for minor changes in her behavior are seemed like righteous allies in the struggle, but seen as attacks. Any “good process” attention the look: you’re just corrupt power-mongers like community gives her is seen as persecution. At everyone else. first Darleen thought you were allies, but look: Darleen is operating out of fear, Mike out of just like everyone else, you’re out to victimize rage. Both are victims. her too. What kind of communities can people in For some reason “Darleen” often shows up in these circumstances join, besides therapeutic communities as a single mother on welfare with communities, or service communities organized several small children and two dogs which the to offer support to people in need? A large, old, children are very attached to. The mother has well-established community can sometimes take SELECTING PEOPLE TO JOIN YOU 223 on difficult or wounded people without much didn’t point out that he had every legal right to damage to itself. A mature oak tree, after all, can buy in. To this day many Redwood Commons handle being hit by a truck. But don’t take on members feel ashamed of the way they asked Cal this challenge if your group is small, or brand to leave; it was obviously a painful experience for new. You’re just a seedling, not an oak tree, and him. Could they have done it more kindly, they still too vulnerable. ask? Should they have discouraged his meeting attendance earlier in the process? And were they Membership Screening and the Law just dead wrong? Cal could have been a fine com- As mentioned earlier, if you have housing units munity member. Frequent contact with neigh- or lots for sale on the open market, you can’t pick bors, particularly children, could have brought and choose your members, but must sell to any- needed warmth into his life. one who meets your terms. If, based on your Yet even though this issue is painful to con- membership criteria, you choose some buyers template, I think these core group members did and reject others, courts could interpret this as the right thing by following their instincts and discrimination. Cohousing communities face taking the action they thought best for the com- this issue, but, as mentioned earlier, usually find munity. Unlike Pueblo Encantada members, that only those people who want more commu- Redwood Commons people didn’t let shame nity in their lives are interested anyway, so their about their feelings of unease stop them from membership selection process becomes self- speaking up. selecting. Dealing Well with Saying “No” But sometimes a cohousing core group sees a red flag and does something about it. This was Whether a group has homes or lots for sale on the case with a forming cohousing group in the the open market, or owns its property and can Northwest, which I’ll call Redwood Commons, thus choose its members, is it worth it to ask and a member of their group whom I’ll call someone to leave, given how badly they may feel? “Cal.” Cal spoke in a monotone and had little Consider this: someone who is not accepted for facial expression, what psychologists call “flat membership in a group or community feels dis- affect.” Everyone noticed his unusual, somewhat appointed, gets over it, and moves on. But some- mechanical demeanor. Some felt compassion one who is accepted as a community member, and were kind; others were unnerved. When it moves to the community and lives there for was time for Redwood Commons to put money awhile, and is later asked to leave, may be deeply down on a property and move forward, some scarred. It is far easier on everyone concerned to didn’t want Cal in the group.“What if he ‘snaps’ take this painful step at the beginning. someday and harms one of our children?” they I’d much rather see a new community get asked. Others were heartsick about it. They established, sink roots, and grow strong and wanted to be kind to Cal, who was obviously healthy for a few years before taking in a wound- hurting and would benefit from community lived person who might be disruptive but could ing, but they didn’t want to risk it. So a few benefit from community, than see them try this members took Cal aside, and rather awkwardly, when they’re first starting out and risk everything asked him to leave the group, which he did. They in the process. You’re propagating from seeds 224 CREATING A LIFE TOGETHER

here. You need all the protection you can get. to recognize the differences between various This can be so difficult that people don’t deal choices; to differentiate, to discern. And discern with it at all, especially if they were raised to you must, since you could be living near and believe that it’s not “nice” to say “No.”Like Pueblo sharing property with this person for the rest of Encantada members, people can feel ashamed of your life. their feelings that something’s “not right,” and How Can You Tell? judge themselves for being “judgmental” or worse, for being “discriminating.” Since most of us are wounded to some degree “Judgmental” means to criticize someone as and are in various stages of recovery, how can we unworthy, whereas what you’re doing is assess- tell in advance who might be wounded severely ing whether this person resonates with your enough to drain and exhaust the group? Most visions and values, is aligned with your behav- people with serious emotional difficulties don’t ioral norms, and can meet your financial and give off signals like Regina and Cal, but seem just labor requirements. And to “discriminate” means like anyone else at first.

SCREENING NEW MEMBERS Communities organize their membership screening When people decide to join the community they process in various ways. become “provisional members” for at least six months At Earthaven, for example, people learn about the first (although it can be longer), which allows them community’s vision, values, membership require- and the community to get to know each other far bet- ments, and other information through its website and ter, with a fair amount of commitment on either side. information packet (which includes magazine article Provisional members can participate in community reprints and a video). Interested people can take a meetings (although they cannot block proposals) and tour, attend the community’s Council meetings, and they’re encouraged to live in the community. They pay arrange weekend visits. the community’s $4,000 joining fee and sign a contract The first stage of membership is to become a “sup- agreeing to pay a site lease fee at the time of full mem- porting member,” which is an opportunity for the per- bership. They are required to attend at least two com- son and the community to get to know each other in a mittee meetings a month, work 48 hours per quarter on relaxed way without too much being asked of anyone. community tasks, and get to know as many communi- A supporting member can visit anytime, can live in the ty members as possible. community if accommodations are available, can Supporting members apply for provisional mem- attend Council meetings but not participate in discus- bership by filling out a questionnaire about themselves sions, and receives the community’s newsletter and and their community aspirations (which is shared with emailed copies of Council minutes. Supporting mem- the whole group), as well as telling aspects of their life bers pay a small monthly membership fee and sign an story at a whole group meeting convened for this pur- agreement saying that they understand the communi- pose. If no one objects in to the person’s provisional ty’s vision and values. membership status in the three-week period following SELECTING PEOPLE TO JOIN YOU 225

This is what two founders, whom I’ll call found an ideal site by a lake, with everything Celeste and Brad, asked after their upper they’d been looking for. While they had enough Midwest community, which I’ll call Faraway money for a down payment, they didn’t have Lake, broke up in conflict and heartbreak. enough to buy the land outright, so began a Celeste and Brad are two of the most likable, search for a mortgage. In the meantime they capable, and spiritually grounded people I know, rented a cabin near their intended property and so when they began planning a new community camped in the yard or slept dormitory-style in I was sure it would be a success. They wrote a the attic. In order to make a living in their rural beautiful description of their vision for Faraway setting they started a small, cooperatively owned Lake and attracted five other cofounders, each of manufacturing business, for which Brad and whom seemed equally grounded and capable. Celeste and two others invested savings and bor- The group met for months at each other’s homes rowed start-up funds from friends. They rented to make plans. and renovated a nearby factory space and set to After looking at over 50 properties the group work. Over the next few months the group toiled

the storytelling evening, he or she becomes a provi- cerns about the provisional member, the person may sional member. (If the community doesn’t ultimately be asked to continue in that membership status for accept the person as a full member, the fee is awhile, and apply for full membership again later. If returned. But if the person decides not to join the no one has any objections, the person is proposed community, the community keeps one-third the fee for full membership at a Council meeting for consen- as a deterrent to anyone’s joining too casually.) sual agreement. Then everyone celebrates. In six months, if the person has met the labor and Meadowdance has a similar process with suc- other requirements, he or she can apply for full cessive levels of membership, but with more membership. Community members are polled for checkpoints; at the first-month, fourth month, sev- their comments and whether they support the per- enth month, and 13th month, when the person son’s becoming a full member. The questions becomes a full member. At each membership include: “Have you been able to get to know this stage the person can participate in meetings, but person? If not, why not?” and “How do you think this cannot block a proposal. Meadowdance’s process person could best contribute to the community?” must necessarily be more regulated than joining a and “Do have any concerns about this person as a village like Earthaven, since Meadowdance mem- member? If so, have you met with the person to dis- bers join a household, share a kitchen, and work for cuss them?” If a member does have a concern, he or the community businesses. she must meet with the provisional member to Most of the “successful ten percent” have similar attempt to resolve the concern. If issues cannot be multi-step membership processes. resolved, or if the community as a whole has con- 226 CREATING A LIFE TOGETHER long hours at the new business, but still managed Lake was no more. David, who’d put no money to take time out to enjoy stories around the into the cooperatively owned business, refused to campfire, go hiking and sailing, and meditate by make payments towards reimbursing its loan. the lake at sunrise. Living on their own again, dejected, and feeling Unfortunately their new business had a strangely ashamed of the failure of their commu- series of unexpected setbacks. The financial nity dream, Brad and Celeste worked for the uncertainty, along with the fact that they lived in next three years to replace their savings. crowded conditions, strained their good will, and “How could we have known how David soon they began bickering. This didn’t alarm would react to living in community?”Celeste later Brad or Celeste, who’d lived in community before asked. “No one could have guessed by meeting and were old hands at group process. But in one him. During the months of planning he was one member, whom I’ll call David, rage was growing. of the most engaging and delightful people you’d In sharing circles or feedback sessions, he seemed ever hope to meet. How could we have known?” to be listening and understanding, but was Questions, References, “Long secretly becoming even more angry, resentful, Engagements” and entrenched in his position. He took a particular dislike to Celeste, who had asked him to “Look for good history of love and work,” advis- change certain attitudes and behaviors toward es Irwin Wolfe Zucker. According to psycholog- people outside the community with whom they ical studies, past behavior is the best predictor of were doing business. As conflict escalated over future behavior, so he recommends asking ques- the next few months and Celeste, Brad, and oth- tions, through questionnaires and interviews. ers attempted to give David feedback, the more Let’s say you’re seeking people who are financial- he singled out Celeste as the cause of the prob- ly stable, emotionally secure, and, ideally, have lem. As their conflict grew worse, it got framed some experience living cooperatively. The more as a power struggle between the two of them. intimate the community you’re planning — in Celeste wanted David to become more conscious terms of physical proximity, the amount of of and alter certain behaviors; he wanted her to shared resources, and the amount of financial stop trying to “dominate everyone.” As experi- interdependence — the more direct your ques- enced communitarians, Brad and Celeste tions might be. believed that since they all lived under one roof For example, besides the usual questions and were financially interdependent, David’s or about the person’s community aspirations, you any other member’s behavior was everyone’s might ask: business, but for David, it was an outrageous invasion of privacy.The group split into factions. • How have you supported yourself finan- Distrust and tension mounted. cially? Just when it seemed as though things could- • Can you describe some of your long-term n’t get any worse, the business failed, still deeply relationships? in debt. Exhausted and demoralized, the group • What was your experience in high school felt it had no choice but to call it quits. Everyone or college? moved away. After fourteen months Faraway SELECTING PEOPLE TO JOIN YOU 227

• How much schooling did you complete? Regina and David. But not always. Some of the • If you chose to leave school, why was most active and contributing members of that? Earthaven, for example, are young people who • Have you pursued alternative education- joined without funds, and are paying off mem- al or career paths such as internships, bership and site-lease fees through a labor apprenticeships, or on-the-job training? exchange with the community. Where, and for how long? Did you com- You could also ask for three or four refer- plete them? ences — from former partners, current and former employers, landlords, housemates, and/or • Have you lived in shared or cooperative traveling companions. What if new people just living situations before, such as college give names of friends who’ll only say good dorms or student housing co-ops, shared things, you ask? Consider that even the way peo- group households, or other intentional ple respond to the request for references tells you communities? something. If they are happy to provide refer- • Do you have a significant love and/or ences and do so immediately, it’s a good sign. I family relationship now? How long have once called references for people interested visit- you been together? Do you plan to live ing a small forming community. (References together in community? were asked for before, rather than after a pro- • If you’re a single parent, what is your cur- posed visit, so that if the references didn’t check rent relationship with your children’s out, the visitors wouldn’t have wasted their time other parent? Are you on good terms and or travel expenses.) I learned that you can get a share parenting or are you estranged? pretty good sense of how others may feel about Does the other parent want custody of someone by about the third or fourth reference the children? call. And it certainly would have benefited • Will you be able to meet our labor and Faraway Lake if Brad and Celeste had sought financial requirements? How? references or a background check on David. They later learned he had been fleeing court- While these are certainly personal questions, ordered judgments for punitive damages and keep in mind that you’re considering this person reimbursement of funds owed former business for a truly personal relationship, involving partners in two different past businesses, and aspects of both marriage and a business partner- had been attempting to go underground,“hiding” ship. You’re expecting him or her to be responsi- in various intentional communities. ble and trustworthy as a close neighbor and But wait a minute — is past behavior always someone who may be a friend to your children, the best predictor of future behavior? What as well as someone with whom you’ll own prop- about people who change and grow? People def- erty and make important financial decisions. initely can mature and become more stable, By the way, not having the money to pay a compassionate, and responsible over the years share of land-purchase costs or membership fees and we must allow for that possibility. I suggest but wanting to join anyway is sometimes a pre- asking people about this directly: “What were dictor of trouble later on, as was the case with you like in your twenties? Have you changed in 228 CREATING A LIFE TOGETHER any significant ways since then?” We need to out what someone is really like, or more impor- seek a balance between considering people’s past tantly, what they’re like under stress, and behavior (and for some, perhaps during only the whether it seems they’ll be able to live happily past five or ten years), and their current state. with your community agreements. Questions and interviews, references, and a long Finally, it’s important to have a process to getting-to-know-you period where we can expe- integrate new members into your group or com- rience the new person on a day-to-day basis all munity. Besides sharing your decision log and help with this process. making sure the new person knows your agree- But, wait another minute — what about the ments and financial and labor requirements, people who started the core group or the commu- you’ll want to share as much community histo- nity? If they screened themselves for all the same ry and “community culture” as you can with this membership criteria would they have gotten in? person, and invite him or her to participate in as Do they even meet their own requirements? many work parties, shared meals, and celebra- People often do tend to seek higher stan- tions as you can. Most of this will naturally dards in new members than they exemplify in occur over the period of provisional member- themselves. It seems to be human nature to aim ship (and in forming-community groups, during high, perhaps like the father for whom no the “visiting observer” period). Sometimes com- boyfriend is good enough for his little girl — munities take it a step further; for example, hav- even though old dad doesn’t meet his own stan- ing a series of orientation sessions and/or dards. My advice is for founders of core groups assigning the newcomer a sponsor who’s avail- and communities to seek a balance between able to orient the new person and answer any new-member requirements that are so idealistic questions. that few could pass them (and certainly not The most critical part of any orientation themselves!) and so lax that the requirements however, should be making sure that the new don’t accomplish their intended purpose — person is familiar with your decision-making attracting capable, like-minded people who will process. If you use consensus, you’ll want the help the community achieve its goals. person to fully understand its philosophy and Besides getting information about the per- practice, and especially the blocking privilege. son, membership requirements usually also Some groups require that new people complete a involve a “getting to know you” period, and vari- weekend consensus workshop before becoming a ous kinds of fees. Time and money requirements full member with decision-making rights, which also help separate serious community seekers seems like an excellent idea. from the merely curious. I’m a firm believer in “long engagements:” extended guest visits or provisional member- ships of six months to a year or more, so the The suggestions in this book for planting the group and the prospective member can continue seeds for your ecovillage or intentional commu- to get to know each other. Most long-lived com- nity and helping it grow and thrive are by no munities have discovered that this length of time means all you need to know; nor is this the end is important. Sometimes it takes a year to find of your learning. It is, of course, the beginning. SELECTING PEOPLE TO JOIN YOU 229

You and your friends in community are pio- visit other ecovillages and intentional communi- neers in the finest sense.Your choice to live coop- ties across North America — they’ll be influ- eratively with others, share resources, and evolve enced by a vision for human settlement that’s a more harmonious and sustainable way to live, potentially so inviting it ultimately makes a pos- has the potential to benefit others in far greater itive difference in our culture. proportion than your numbers. Through slow, Creating community may be one of the most small increments, as people hear about your meaningful ways you can spend your time. I wish community and visit you — and hear about and you every good fortune on the journey. Appendix 1 Sample Community Vision Documents

Lost Valley Educational Center , Oregon • To provide financial and operational A community can alter its vision documents resources to support and enhance the to reflect changed circumstances and insights. activities of the educational center. Vision (1996): Vision Statement (1999): • To be a vital resource for the creation of The mission of Lost Valley Educational Center sustainable culture for the Pacific is to create and foster mutually beneficial rela- Northwest. tions between humans and all parts of the web of existence. We believe that these relationships Mission (1996): provide a means to well-being as well as survival. • To support people in creating sustainable In fulfilling this mission, our purpose is to lifestyles by providing learning opportu- create and maintain an intentional community nities to develop skills and awarenesses and an educational center dedicated to three that promote cooperative, harmonious, goals which guide us in all activities: sustainable and joyous ways of living in • To educate broadly in areas such as ecol- relationship with each other and the ogy, sustainable agriculture, human-made Earth. environments, personal and spiritual growth, and community development. Goals (1996): • To live an ethic in which we are open to • To offer and develop high-quality learn- spiritual diversity, demonstrate right ing opportunities to develop skills and livelihood and sustainable economics, awarenesses for sustainable living. support individuals in their personal • To provide a nourishing, supportive, and growth and healing, and steward the land responsive environment that facilitates to sustain and heal the Earth for genera- participants in achieving their goals and tions to come. deriving full value form their learning • To participate in the global community, experiences. network with others, and facilitate the

230 APPENDIX 1 231

evolution of cooperative societies and every community member, recognizing each socially responsible relationships at every individual is both teacher and learner. level. 5. Preserve our landholding through proper We dedicate ourselves to learning and teach- stewardship, designated wilderness areas and ing this way of life. ecologically sound use of our resources. 6. Create a learning center that serves as a living demonstration of this holistic vision. Earthaven Ecovillage, North Carolina 7. Envision a positive, restorative future and The following is excerpted from Earthaven’s develop the skills needed to create and sus- “New Vision” document: tain it. We are the members and pioneers of a 8. Promote personal and planetary healing on planned permaculture ecovillage, actively all levels. engaged in building sacred community, support- 9. Serve and reach out to the local and global ing personal empowerment, and catalyzing cul- community, encouraging spiritual and cultural transformation. tural diversity and other forms of creative We share a vision of a community with a expression while providing a sense of inclu- vital, diversified spirituality, healthy social rela- sion, integration and celebration through tions, sustainable ecological systems, and a low responsible community activities. maintenance/high satisfaction lifestyle. 10. Encourage the growth of our village until we have at least 66 site holders. Earthaven’s “ReMembership Covenant” out- 11. Encourage the establishment of member- lines the following purpose and goals: owned and managed, ecologically sound businesses. Purpose: 12. Actively support the intentional communi- To be an evolving village-scale community dedi- ties, permaculture and land reform move- cated to caring for people and the Earth by learn- ments as we are able. ing, practicing and demonstrating the skills for creating holistic sustainable culture, in recogni- Abundant Dawn, Virginia tion and celebration of the Oneness of all life. Following is Abundant Dawn’s vision state- Goals: ment: 1. Make conscious our connection to Spirit and • We are creating a loving and sustainable Earth and our interdependence with the web culture. We live close to one another, of all life. cooperate, and share resources, so that we 2. Facilitate our transition toward a life of ele- may live more lightly and joyously on the gant simplicity. earth. 3. Nurture an increasingly abundant world by • As we seek to realize ourselves through enhancing living systems, while reducing service, and work towards ecological and consumption of resources. social responsibility, we respect the diver- 4. Foster the lifelong learning and growth of sity of our members’ life choices. 232 CREATING A LIFE TOGETHER

• Whether in times of peace or conflict, we This structure gives us some advantages of a meet each other face to face, with open- large community (diverse population, sharing a ness and caring. We are each individually large property, tractor and community center) as committed to reaching through our hurts well as some advantages of small communities and fears to find and share our deepest (intimate living groups, direct input into life- truths. affecting decisions, face-to-face meetings). • We honor the spark of the divine in all Each pod has a few acres designated for its beings. use and control. Within the guidelines of our vision statement, land plan, ecological guidelines, The following is excerpted from Abundant and other broad agreements, pods are encour- Dawn’s vision documents: aged to develop their own ways of living togeth- Abundant Dawn intends to be a large com- er. We intentionally include a spectrum of eco- munity (possibly 40-60) made up of four or five nomic models from full income sharing to inde- smaller subgroups, which we call pods. Pods are pendent household incomes. small enough for all the members to sit in a room Major decisions, such as our overall land together and make a decision. Decisions regard- plan, are made by a consensus of the full mem- ing such important matters as membership, chil- bers of Abundant Dawn. This may shift to con- dren, housing, and level of economic cooperation sensus by pod representatives as we grow larger. are decided at the pod level, with input from the wider community when appropriate. Appendix 2 Sample Community Agreements

Decision Log, Buffalo Creek Community Active members are entitled to a reserved housing unit, participation in decision-making, The following excerpt in the Decision Log of and access to our community lending library. Buffalo Creek Community (not their real name) At least one-third of all households will be illustrates the kinds of agreements a forming reserved for families with children under 16. community makes in their early stages, before All meetings are open and anyone may beginning the land search. Buffalo Creek’s vision attend. Non-active members may be asked to was to live in a spiritually focused community of only observe at meetings.They would not partic- deeply connected friends in a rural setting. ipate in consensus or other decision-making While they took detailed minutes of their meet- processes. ings, this document records only their decisions, If a vote is called for, each household is enti- by date. They used this document as a “group tled to one decision-making right, which may be memory” when considering new issues, and to split if members of that household chose to orient visitors and new members to the group. decide differently from each other. Sept 15: We named the community “Buffalo Number of households to target for: 24. Creek.” Our emphasis is on personal connection with each other, with community living as a sub- Dec 16: We will pay for an option or down pay- set of that. ment on land only after we have 24 active households. Oct 21: Five criteria determine an active member of the community: (1) Being in alignment with Jan 19: A household can sell its place (3rd, 16th the Buffalo Creek Community Mission etc.) on the membership list. As a place is vacat- Statement and Agreements; (2) Payment of ed, all households that follow move up one place $150 (or $75 for waiting list); (3) Participation on the list. in at least one action group and general meetings; (4) Missing no more than two consecutive Mar 16: The Waiting List is limited to 50 per- general or action meetings; and (5) financial pre- cent of active members. For example, there qualification to buy a lot and build a house. maybe 12 members on the waiting list when

233 234 CREATING A LIFE TOGETHER there are 24 active households. er the issues of any behavioral agreements your group makes. Apr 20: For any decision to be binding on the Seven Areas of Respect entire community, two-thirds of all households must agree to the decision. 1. Respect personal boundaries, touch others A decision made by consensus will be con- appropriately, and refrain from violence. sidered to meet the requirements of the two- (Physical Respect) thirds rule. 2. Respect other people’s feelings and emotions, and take responsibility for my own. May 18: The Coordinating Team is given the (Emotional Respect) authority to approve, by consensus decision 3. Be honest, use respectful forms of communi- making, expenditures of up to $500. If their cation with others, hear what others are say- decision is not unanimous, or if the expenditure ing to me. (Verbal Respect) exceeds $500, it should be proposed to the whole 4. Respect my own and others’ right to privacy, group for approval. solitude, quiet, and security in their personal space, and negotiate the use of communal Jun 15: We established a Site Fund. Each active space. (Territorial Respect) community household is required, beginning 5. Care for individual, communal, and commu- August 1, to deposit $250 quarterly to the nity property. (Material Respect) Community Treasury to be held for necessary 6. Respect the diversity of people’s age, sex, expenses for obtaining the community building racial origin, sexual orientation, spiritual site, including but not limited to professional, practices, and physical and mental capabili- legal, or other help. Further, this “forced savings” ties. (Respect for Diversity) will be held in a safe interest-bearing account. 7. Respect the community structure and con- The primary decisions of our next meeting sensus decision-making process. will involve creating an “exit clause” for any (Community Respect) active members who wish to leave the Buffalo Seven Areas of Responsibility Creek group, as well as a “default clause,” for any active members who do not meet the quarterly 1. Be conscientious in my attendance of com- payments. munity meetings. 2. Take responsibility for communicating my “Ode” of Respects & Responsibilities: ideas and feelings. Community Alternatives Society 3. Contribute time and energy to the commu- Community Alternatives Society members, who nity in the form of work parties and chores, live in their own apartment building in down- and negotiate the duration and terms of any town Vancouver as well as a farm in the country- reduction in community participation that I side, called this agreement an “ode,” rather than a may require. “code” of behavior, because it sounded more 4. Serve as a contributing member of a com- poetic and less bureaucratic. I suggest using this mittee and the planning team during my as a stimulus for your thinking when you consid- rotation. APPENDIX 2 235

5. Be open and conscientious regarding my 5. Community Action Meeting. In the case of a financial responsibilities. serious flagrant violation the community 6. Inform the community about guests staying may go to this step directly. In a situation for extended periods of time and any changes where all other attempts at resolution have in my personal situation which affect the com- failed, and where the party(s) in question has munity and/or my ability to contribute to it. not honored his or her Self-Empowerment 7. Promptly inform the appropriate people Contract with the community, and is there- about any violence or serious violations of fore exhibiting a lack of commitment to the the “R&Rs” that I witness. community, a Community Action Meeting Steps Toward Conflict Resolution shall be called. The involved party may attend this meeting but may not be involved 1. Direct One-to-One Communication between the in the decision making. If the rest of the com- involved parties. (If an individual feels munity reaches consensus, the involved party unsafe, go directly to #2, below. If any indi- shall be evicted (6a) and may also have his or vidual witnesses or experiences a flagrant vio- her membership in CAS revoked. lation, go directly to #3, below.) 6. Lack of Consensus. If consensus is not reached 2. Hear and Clear Session(s). Each person at the Community Action Meeting, the plan- involved in the conflict invites a trusted com- ning team will meet with the person(s) who munity member to the session as their advo- blocked the proposed action and the per- cate and the four individuals work toward the son(s) who violated the Self-Empowerment resolution. Contract to seek a solution. 3. Consultation with the “R&R” Accountability Pet Policy, Abundant Dawn Committee. Advocacy/resolution groups may consult the committee for assistance when Abundant Dawn’s Pet Policy, although unfin- avenues #1 and #2 have not proven success- ished, demonstrates the kind of broad and deep ful. If the involved parties are not willing to thinking community members must undertake resolve the conflict, they will be requested by when dealing with especially controversial sub- the committee to engage in a contract of self- jects, such as pets. I suggest you use it as a start- empowerment with the community. ing point when considering the issues of your 4. Self-empowerment Contract. The party(s) in own pet policy. (Yes, you’ll need one.) question will be given one month to submit Special terms: “pod,” a subcommunity or in writing and present to the community, a neighborhood within the larger community; plan of action that outlines how that person “wild side,” the steeper, more forested side of will make the necessary changes in his or her their property;“mild side,” the more gentle slopes life. The community will expect monthly and pastures they intend to develop. updates and this contract will have a duration of five months. At the end of this period This document covers our agreements there will be a marked improvement in the regarding dogs, cats, and house pets. It does not situation or the community will proceed to cover our agreements regarding pasture animals, #5, below. such as cows, whether or not they are pets. 236 CREATING A LIFE TOGETHER

Pets in General: We agree to clearly state to vis- Dogs who are heavy barkers, or aggressive to itors/potential members our concern about hav- people, cannot live here. ing pets on this land because of wildlife, noise Dog owners must deal with dog shit, espe- pollution, quality of life standards, etc. We agree cially keep it off paths. to write up our experiences with and discussions Dogs must have rabies vaccinations. about pets so new members understand the Dogs must be spayed/neutered. “why” of our policies. Noise, odor, flea and other nuisance issues We will have no pets on the wild side, except, will be addressed by the dog owner to the com- as it is beyond our control, free-ranging cats. munity’s satisfaction. Dog owners will prevent fleas by method of their choice. If it is not suffi- Dogs: Every pod will have 1.5 dog chips (one cient, owner will be open to feedback and to chip represents the right to have one dog). Chips changing their method to a more effective one. are loanable, holdable, sellable, negotiable among pods. Chips cannot, however, be transferred per- Cats: Definitions. “Free-ranging” cat means an manently, but at maximum for the life of the ani- unconfined outdoor cat (which may also have mal in question. The dog chips (and thus the access to indoor space). “Confined cat” means a dog limits) are applicable to both indoor and cat which is confined in a building and/or a yard outdoor dogs. with an effective cat fence. There will be a membership process for all Every pod will have one cat chip (one chip dogs. represents the right to have one cat). Chips are We will have no dogs running free on the loanable, holdable, sellable, negotiable among property. Dogs may be walked on leash on mild pods. Chips cannot, however, be transferred per- side of land. We will have no dogs on the wild manently, but at maximum for the life of the ani- side. mal in question. The cat chips (and thus the cat The community will fund a fenced dog park limits) are applicable to free-ranging cats only. (perhaps 0.5 to 0.75 acre) within which dogs There is no community-level limit on confined may run and play, with the amount of human cats, except insofar as there are problems with supervision to be determined in future delibera- noise, odor, fleas, etc. tion. There will be a regular fee for dog owners There will be a membership process for all (applicable to owners of both indoor and out- free-ranging cats. door dogs) to pay back the expense of building Free-ranging cats must have a bell to mini- the park, fund upkeep of the dog park and fence, mize the effect on wildlife. and pay other dog-related expenses. Dog owners All cats must be spayed/neutered. A variance will be responsible for the labor of building the can be applied for related to an confined cat. dog park and maintenance. Noise, odor, flea and other nuisance issues Whole pods will not be fenced. There can be will be addressed by the cat owner to the com- a fenced yard, run or pen for dog(s) within the munity’s satisfaction. Cat owners will prevent pod. fleas by method of their choice. If it is not suffi- Dog owners will be responsible for the care cient, owner will be open to feedback and to and control of their dogs. changing their method to a more effective one. APPENDIX 2 237

Cats must have rabies vaccinations. Issues still to be decided: What is the minimum Owners of free-ranging cats will work out amount of space in which dog or cats of various cat-fighting issues in acceptable ways, possibly sizes might be confined? Under what circum- taking turns confining their cats. stances might the community intervene in terms of suspected mistreatment or abuse? Future issues: Abundant Dawn is still in the The community has not yet written a policy process of agreeing on standards for pet care. regarding pets other than dogs and cats. Appendix 3 Setting Up and Maintaining a 501(c)3 Non-profit

reating a 501(c)3 non-profit and keeping it are switching to a 501(c)3), or that you’ve oper- Cgoing can be time-consuming, and may not ated as the project of another non-profit (and be worth it unless (1) your organization gener- thus can give evidence of your budgets and other ates a surplus of taxable income each year, (2) financial data for two or three years). In order to you want to attract tax-deductible donations, seek a final ruling, OAEC submitted their budg- and/or (3) you want to apply for public or pri- et for the then-current tax year, plus for two past vate grant monies. years (during which they’d operated as a project Filing of the non-profit Tides Foundation), and an estimated budget for the following year.“It definite- First, file your Articles of Incorporation with the ly helps to show the IRS any previous years’ state, noting your intentions to be a non-profit budget activity to get a final ruling,”says OAEC’s corporation, and then create your bylaws and Dave Henson. “If your group has no history of other necessary documents. non-profit activity, you’ll need to estimate two years’ future budgets, and the IRS will likely take Preliminary Ruling, Final Ruling longer to give final approval.” You must request either a preliminary or a final The other option is to seek a preliminary ruling as a 501(c)3. As you’ll see below, a final ruling. Whether you seek a preliminary or final ruling is more desirable. ruling, the IRS will grant you a temporary In order to apply for a final ruling, the IRS 501(c)3 status and monitor your activities for asks for (1) your budget for the current tax year, three to five years. If you’ve applied for a prelim- and (2) budgets for either three prior tax years or inary ruling, after three to five years you may your proposed budgets for the next two years. apply for a final ruling, basing the required This means you’ll need to make a good guess as budget and other data on your first years of to your expected expenses for the next two years, operation. If, after examining your organization’s or that you’ve operated for two or three years posters, flyers, brochures, and letters, the IRS already,through another kind of legal entity (and considers most of your activities in that period

238 APPENDIX 3 239 to be related to your purpose, they’ll grant you a sooner than they could have if they had request- final 501(c)3 ruling and will stop scrutinizing ed their preliminary ruling first, making it easier you so closely. If the IRS determines that most to seek grants in their first few years. of your activities are not related to your purpose, Related and Unrelated Business Activity and thus not really non-profit activities, they can delay your organization’s final 501(c)3 status Probably ninety percent of all 501(c)3 non-prof- and continue close examination of your activi- its receive no other income aside from grants ties until you can show that you’re actually doing and donations. But some engage in business what you said you would. activities, such as running a conference center, If this happens, and the IRS doesn’t grant a for example, which generates an income. If a final ruling after three to five years, it affects 501(c)3 were set up to run a conference center your organization retroactively, since everything for a particular kind of educational activity, you were doing was based on the assumption which was so stated in its Articles of that you’d receive that final 501(c)3 status. This Incorporation, the IRS would consider all means anyone who gave you a tax-deductible income from the conference center as related to donation during that period must now pay taxes the 501(c)3 non-profit’s purpose. on it, because donations to your organization As noted earlier, any income from activities during that time are no longer tax-deductible. not related to the 501(c)3’s purpose (called Thus, it’s hard to get grants until you have a “unrelated” activities), is taxable. No more than final ruling. 50 percent of a 501(c)3 non-profit’s income can For this reason, experienced non-profit be unrelated; most must be derived from activi- activists strongly suggest you make your mission ties related to your purpose, as stated in your statement as broad and general as possible when Articles of Incorporation. If the IRS discovers you first apply for non-profit status. If sometime that more than 50 percent of your income-pro- later you decide to do different activities than ducing activities seem unrelated to your purpose, you originally envisioned, the wording of your they can rescind your 501(c)3 status. Also, to mission statement can be interpreted to include maintain your 501(c)3 status, no more than 20 the new activities and you don’t endanger your percent of your income can be from “passive” non-profit status. sources such as rents, lease fees, and interest on However, you may want to apply for a final loans or investments. ruling right away, if you have a history of activity “Disinterested” Board Members and can give four years of information on your budget and activities (the previous two years, As mentioned earlier, at least 51 percent of and estimates for the current year and the fol- your board members must be “disinterested.” If lowing year). OAEC applied for a final ruling in you use a voting membership to elect your their initial IRS application. For two years they’d board, 51 percent of the voting members must been a project of the non-profit Tides also be disinterested. The IRS will watch this Foundation, so they could estimate their future closely for the first three years of your non- budgets reasonably well, and they had a history profit’s existence. of activity. They got their final ruling much 240 CREATING A LIFE TOGETHER

The “Public Support Test” Other Tax Exemptions Every year you must pass the “public support You must apply separately for tax-exempt status test” by demonstrating to the IRS that at least at your state, country, and/or city level. one-third of your financial support comes from the public, through the sale of goods and services, membership fees, and/or donations. Resources

y website, www.ic.org/newcommunity, process, effective meetings, decision-making Moffers a great many resources (including — covering the wide range of communities more specific ones) for every topic covered in in North America from ecovillages to these chapters, including a comprehensive list of cohousing, plus updates of Communities consultants experienced in working with form- Directory listings. Website ing community groups. The site also features “A Pattern Language for Villages,” in A Pattern schedules for upcoming workshops and public Language: Towns, Buildings, Construction, talks about forming new ecovillages and inten- Christopher Alexander, et. al., Oxford tional communities, information on how a group University Press (1976). can schedule a workshop. What follows is a list The Cohousing Handbook: Building a Place for of some of the best resources from the site. Community, Chris ScottHanson, Hartley & Marks (1996). Practical advice and step-by- Books and Magazines step processes for forming a core group and Communities Directory: A Guide to Intentional developing and building cohousing commu- Communities and Cooperative Living, Fellowship nities. Much of it, especially in the first half, for Intentional Community (2000). is useful for founders of non-cohousing com- Information on over 600 communities in munities as well. North America — where they are, what Website they’re doing, how to contact them, maps, Great Meetings! How to Facilitate Like a Pro, Dee comparison charts, articles about community Kelsey and Pam Plumb, Hanson Park Press living. Website (2001). Basic of meeting facilitation, the facil- Cohousing: A Contemporary Approach to Housing itator’s role and skills, preparing for and Ourselves, Kathryn McCamant, Charles designing a meeting, problem-solving Durrett, and Ellen Hertzman, Ten Speed approaches and tools, positive communica- Press, Second Edition (1998). The book that tion skills and conflict management, dealing introduced cohousing to North America. with challenging situations, and tips for Website beginning facilitators. Communities magazine, Fellowship for Intentional Introduction to Consensus, Bea Briggs, Self-published Community. Articles from experienced com- (2000). This is the book I recommend most munitarians on various aspects of community to forming community groups because of its living — raising children in community, clear, straightforward format. growing older in community, conflict and

241 242 CREATING A LIFE TOGETHER On Conflict and Consensus: A Handbook on Formal tions. Website Consensus Decision-making, C.T. Butler and The Mediator’s Handbook, Jennifer E. Beer and Amy Rothstein, Food Not Bombs Publishing Eileen Stief New Society Publishers, Revised (1991). A political activist and consensus and Expanded 3rd Edition (1997). Overview trainer, C.T. Butler developed the Formal of conflict and mediation, a step-by-step Consensus process as a more structured mediation process, skills and approaches for method than other consensus processes and the three main mediation tasks — support- the “principled objection” test for blocks to a ing the people, controlling the process, and proposal — the block must be based in the solving the problem. vision or values of the group. Website E-mail and Nolo Press. Practical, plain-language information Website and advice to help people in the United Facilitator’s Guide to Participatory Decision-Making, States set up their own legal entities and Sam Kaner with Lenny Lind, Duane Berger, solve their own legal problems with confi- Catherine Toldi and Sarah Fisk, New Society dence, and whenever possible, with minimal Publishers (1996). Provides the tools to put need for a lawyer. Books, CDs, legal forms, democratic values into practice in groups and corporation kits, downloadable data, and organizations, increasing participation and legal information online. See especially Nolo collaberation, promoting mutual understand- Press books: Form your Own Limited Liability ing, honoring diversity, and making effective, Company; Incorporate Your Business; A 50-State inclusive, participatory decisions. Legal Guide to Forming a Corporation; How to Website Form a Non-profit Corporation;and How to Getting Real: 10 Truth Skills You Need to Live an Write a Business Plan. Authentic Life, Susan Campbell, New World Website Library (2001). One of the best guides I Permaculture Activist. Quarterly publication serving know of to the communication approach the permaculture movement in North which, like nonviolent communication, works America with useful, practical information well in the “rock polisher” of community — about permaculture projects “on the ground.” telling the truth and being transparent. Website Website Self-Counsel Press. Similar to Nolo Press, but for Introduction to Permaculture, Bill Mollison and Reny a Canadian readership. Mia Slay. Permaculture basics: how to feed Website and house yourself in any climate the least use of land; energy; and repetitive labor. Organizations and Associations Nonviolent Communication: A Language of Compassion, Fellowship for Intentional Community (FIC). Marshall Rosenberg, PuddleDancer Press Membership organization serves intentional (1998). Nonviolent communication (NVC) communities and community seekers in is one of the most powerful, and effective North America with information and net- tools to create a sense of connection between working. Publishes Communities magazine, people, turn conflict into an experience of Visions of Utopia video, the Communities mutual understanding, and reduce the fre- Directory, and more. Website quency and intensity of future conflict situa- RESOURCES 243 Northwest Intentional Communities Association National Association of Housing Cooperatives. Offers (NICA). Network of intentional communi- technical assistance and training to founders ties in the Pacific Northwest that provides and board members of housing co-ops. information and mutual support, and hosts Website < www.coophousing.org> regional gatherings. Institute for Community Economics. The organization Website that developed community land trusts in Global Ecovillage Network (GEN). Supports and 1967. Offers information and assistance for encourages the evolution of sustainable set- creating community land trusts through con- tlements worldwide with information and sultation, books, and a revolving loan fund. networking. Website Website < www.iceclt.org> Also GEN Europe and Africa E.F. Schumacher Society. Information, book publishing, workshops, and consulting on local eco- and GEN Oceania and Asia nomic self-reliance, through community land trusts,“shoe box banks,” microlending, local Ecovillage Network of the Americas. The GEN organ- currencies, and community supported agri- ization for South, Central, and North culture farms. America. Website Website The Cohousing Network. Promotes and encourages Websites cohousing communities in North America through networking and information. Author’s website. More resources for ecovillage and Quarterly e-mail newsletter; biannual mailed community founders: addditional informa- newsletter. Much of their information can be tion on zoning, communication skills, and adapted to fit non-cohousing communities. other relevant topics; additional community Website success stories and cautionary tales; down- Canadian Cohousing Network. Promotes cohousing loadable Sucessful Ecovillage Assessment communities in Canada through public edu- Tool; updates on profiled communities; cation and networking. author’s workshop schedule. Website Website Federation of Egalitarian Communities (FEC). Support Community Bookshelf. Mail-order books on inten- network for North American intentional tional community living, ecovillages, cohous- communities that value income-sharing, non- ing, consensus decision-making, effective violence, participatory decision making, and meetings, conflict resolution, and sustainable ecological practices. living. Website Website Emotional Freedom Technique (EFT). EFT is the Community Associations Institute. Provides informa- fastest, cheapest, most effective and painless tion and advice to community associations self-therapy I’ve seen yet, and is ideal for (homeowners associations, condominium helping individual community members associations, and housing cooperatives) transform attitudes or behaviors that can dis- through books and booklets, courses, and empower the individual and the group. certification programs. Website Website 244 CREATING A LIFE TOGETHER

Videos, Workshops, and Other Lost Valley Educational Center. Workshops and com- Resources munity apprenticeship programs in permaculture design, natural building, and organic Visions of Utopia: Experiments in Sustainable Culture gardening. Website [video; 90 min.], Geoph Kozeny, Fellowship Occidental Arts and Ecology Center. Workshops and for Intentional Community (2002). Profiles community apprenticeships in permaculture seven diverse communities, explores the “glue” design, natural building, and forming land- that holds communities together, offers can- based intentional communities. did assessments from community members Website of what works and what doesn’t work. Available online Sirius Community Educational Programs. Workshops Creating a Life Together: Practical Tools to Grow an and community apprenticeships in perma- Ecovillage or Intentional Community. Three-day culture design, natural building, and organic workshop with Creating a Life Together author gardening. Diana Leafe Christian at Earthaven Website Ecovillage. Communities Profiled in this Book E-mail Abundant Dawn Creating a Land-Based Intentional Community. Weekend and five-day courses with Dave Henson and Adam Wolpert at Sowing Dancing Rabbit Ecovillage Circle/OAEC. Website Culture’s Edge Workshops at Earthaven. Workshops Earthaven Ecovillage and community internships in permaculture design, natural building, water catchment, constructed wetlands, and forming new Lost Valley Educational Center intentional communities or ecovillages. E-mail Website Mariposa Grove Ecovillage Training Center. Workshops and community apprenticeships in ecovillage design, Meadowdance renewable energy, environmental building, sustainable agriculture, biological wastewater systems, and permaculture design at The Sowing Circle OAEC Farm community in Tennessee. Website Living Routes — Ecovillage Educational Consortium. Organization hosts live-in educational experiences at ecovillages in Europe, India, and the US for college credit. Website Index

A banks and lending institutions Abundant Dawn (VA) borrowing power, 104-105 agreements, 44, 72-74 financing, 132-136 buy-in fee, 159, 162 Barrett, David, 148 departing members equity, 167 Borie, Lysbeth, 62 feedback sessions, 212-213 Brause, Dianne (Lost Valley), 3, 17 income and expenses, 153, 159 Bressen, Tree, 36, 62 internal finances chart, 160-161 Briggs, Bea, 57, 61, 65 labor requirements, 166 Brown, Stephen (Shenoa), 39, 44, 120 land cost, 9-10, 131 budget. see financial planning membership, 11 building codes, 81, 111, 116-117 non-profit status, 185-188, 197 Butchart, Ted, 146, 150 sample pet policy, 74, 235-237 Butler, C.T., 64, 65 sample vision document, 231-232 buy-in fee accountability of members alternatives, 30-31 and consequences, 215-217 examples, 88-89, 159-160, 162-163 sample agreement, 216 task review, 27, 214-215 C agreements and policies. see also vision documents Charamella, John, 168-169 behavioral policies, 72, 216 closeness of community, 22, 33, 148-149 communication agreements, 202-203 cohousing conflict resolution policy, 213-214, 235 and condominium associations, 182-183 drafting documents, guides to, 77-78 definition, xvii, 20-21 need for policy manual, 180 design, 31, 99, 149 sample agreements, 233-237 experience of, 12-13 sample pet policy, 74, 235-237 financial planning, 136-139 types of, 71-72 and homeowner associations, 178-179 written agreements, 8, 68-71 lack of membership control, 173, 182-183 Allison, Patricia, 65 legal entity options, 184 Alstad, Diana, 55 neighborhood support, 123-124 anti-business attitudes, 12, 28, 70, 75 remodeling examples, 101 The Cohousing Handbook (Hanson), 126 common-treasury religious communities, 196-198 B communication and process. see also conflict resolution Baker, Harvey, 221 completing tasks, 27, 214-217 Bane, Peter (Earthaven), 142 emotional needs, 203-206

245 246 CREATING A LIFE TOGETHER

exercises in, 47-52 departing members equity, 167, 191 feedback, 210-213 fees, 164 nourishing relationships, 8, 202-203 financing, 30, 85-86 thought field therapy, 212 finding land, 10, 80, 82-86 Community Alternatives Society (BC), 72, 216 food co-op, 158-159 community design income and expenses, 154, 159 initial decisions, 7-9, 20-29 internal finances chart, 160-161 legal barriers, 80-82 membership, 11, 87, 140 community-owned business non-profit status, 189, 194-195, 197 co-ops, 156, 158-159 vision documents, 40 need for legal entity, 75-76 Davidson, Gordon (Sirius), 36 use of 501(d) status, 197 decision-making and governance viability, 155-157 combining methods, 63-66 community spirit, 28-29, 33-34, 202-203 consensus, 56-62, 64, 65-66, 133 composting toilets, 81-82 by council and committees, 63 condominium associations, 178, 182-183 effect of financing choices, 140 conflict resolution majority-rule voting, 56, 57-58, 62 behaviors and attitudes, 204, 206-207 at meetings, 25, 27, 45 in close communities, 201-202 multi-winner voting, 62-63, 65 communication skills, 202-203 need for policy manual, 180 conflicting visions example, 40-41 power relationships, 55-56, 78, 206-207 difficult or wounded people, 203-206, 221-223 process, 7-8, 50-51, 56 exercises in, 47-52 DeLapa, Paul, 59, 212 feedback, 210-213 Didcoct, Betty, 53, 59, 64 hidden expectations, 45-47, 51-52 sample community policy, 213-214, 235 E setting consequences, 214-217 Earthaven Ecovillage (NC) sources of conflict, 207-210 buy-in options, 30, 159 training, 200-201 decision-making with committees, 63 consensus decision-making departing members equity, 167 attitude of banks, 133 financing, 30, 89-91, 139-140 facilitator, 57-58, 60 finding land, 10, 86-89 formal consensus, 64, 65 and homeowner associations, 179-180 making it work, 58-60 income and expenses, 153-154, 158 process, 56-58, 64 internal finances chart, 162-163 "pseudoconsensus", 60-62 sunset clause, 62 labor requirements, 166 training, 58, 65-66 membership, 11, 87, 140, 224-225 contracts, time pressure to sign, 107 non-profit status, 189 co-ops. see housing co-ops sample vision documents, 39, 231 cost. see financial planning site lease fees, 164-165 Cottonwood Springs (MT), 68-69 site planning, 101, 142-146, 150-151 Covey, Stephen, 124 EarthShares fund, 14, 90-91 credit rating, 105, 127, 135 ecovillage, definition, xvi, 143 Cultural Creatives (Ray), 82 Ecovillage (NY), 83 currency systems, internal, 166 Ecovillages and Sustainable Communities (Gilman), 43, 44 Elixir Farm (MO), 71 D Environmental Impact Report, 120 Dancing Rabbit Ecovillage (MO) equity of departing members, 167-168, 191-192 INDEX 247

Estes, Caroline, 57, 60 H expectations, 45-47, 51-52, 217 Haggard, Ben, 147 Hamilton, James (Stone Curves), 121 F Hanson,Chris,126 failure of communities Harmony Village Cohousing, 39 conflict, 218-219, 224-226 health and safety standards, 81-82, 110-111, 120 conflicting visions, 35-36, 40-41 Henson, Dave (Sowing Circle/OAEC), 170, 212 hidden expectations, 45-47, 51-52, 217 land purchase, 95-97, 102 need for written agreements, 68-69 role as founder, 15, 16, 78 reasons for, 6-7, 207-210 homeowners associations, 178-182 and zoning issues, 114-116, 122-123 housing arrangements, 163-164 Farallones Institute, 93-94 housing co-ops, 92, 132, 178, 183-185 The Farm (TN), 124, 155 How to Form a Non-profit Corporation, 190 Federal Fair Housing Act (US), 173, 180, 185 Federation of Egalitarian Communities' (FEC), 85 I financial planning. see also internal finances; owner idealism, unrealistic expectations, 217 ship, options income and expenses. see internal finances borrowing power, 104-105, 127 intentional communities, xvi-xviii business plans, 8-9, 96-97 internal finances. see also financial planning buy-in fee alternatives, 30-31 buy-in fee, 30-31, 88-89, 159-160, 162-163 buy-in fee examples, 88-89, 159-160, 162-163 community-owned business, 155-159 contingency fund, 128 departing members equity, 167-168, 191-192 credit rating, 105, 127, 135 housing arrangements, 163-164 determining assets, 29-30, 104 income and expenses, 152-155, 159 examples, 85-98 joining members and equity, 168-169, 172 fundraising, 31-32 labor requirements, 165-167 loans, 104-105, 126-136 lease or rental agreements, 164-165 need for legal entity, 75-76 and legal entity status, 173 owner financing, 131 sample communities chart, 160-163 owner-financing examples, 88-89, 94, 96-97 Introduction to Consensus (Briggs), 65 private loan, 90-91, 129 record keeping, 27 refinancing, 90-91, 139-141 J joining fee total cost, 9-10, 26, 128 alternatives, 30-31 Fleming, Bill (Westwood Cohousing), 17, 28 examples, 88-89, 159-160, 162-163 food co-op, 158-159 joint tenancy, 187 founders, traits, 8-9, 15-18 Full Circle (NC), 88 fundraising, 31-32 K Kahn, Velma (Abundant Dawn), 78, 79 G Kann, Elana (Westwood Cohousing), 17 Kaplowitz, Larry, 200, 202, 203-204, 205 Gilman, Dianne, 43, 44 Kingsbery, Stuart, 181 Gilman, Robert, 43, 44, 143 Kinkade, Kat (Twin Oaks), 36 Goldschmidt, Carolyn, 180, 184 Kozeny, Geoph, 33, 214 grants and donations, 139 Kramer, Joel, 55 Greene, Patricia, 18, 168-169 Greyrock Commons Cohousing (CO), 123-124 The Guru Papers (Kramer and Alstad), 55 L labor requirements, 165-167

247 248 CREATING A LIFE TOGETHER land, buying. see also financial planning property appraisal, 127 appraisal, 127 refinancing, 90-91, 139-141 buildings, condition of, 111 repayment example, 85-86 contacting landowners, 84, 108-109 tips for borrowing money, 126-128 developed land, 101-103, 172 Lore, Virginia (Dumawish), 19 examples of, 85-98 Lost Valley Educational Center (OR) initial decisions, 7-9, 22-23, 103 buy-in fee, 159 land trusts, 194-196 departing members equity, 167, 191-192 and losing members, 87 financing, 2-4, 10, 141 making an offer, 112-113, 127, 131 former use permit issue, 118-119 need for legal entity, 75-76 income and expenses, 154, 158, 159 preliminary feasibility study, 109-112, 137 internal finances chart, 162-163 raw land, 100-101, 104, 171-172 labor requirements, 165 real estate agents, 93, 105-106 membership, 11, 140, 200-201, 217 researching land values, 107-108 non-profit status, 189 site criteria, 22, 25, 84, 88, 95, 99-103 sample vision document, 230-231 site planning, 142-151 and sustainable development, 80-82 M land trusts, 194-196 Mahaffey, Kenneth (Lost Valley), 3, 16 leadership. see founders majority-rule voting, 56, 57-58, 62 legal advice Mariposa Grove (CA) choosing a lawyer, 77-79 financing, 30, 91-92 and making an offer, 107, 131 membership, 10, 11 and zoning issues, 119 Marsh, Chuck (Earthaven), 88, 142, 147, 149, 151 legal entity status. see also financial planning McCamant, Kathryn, 148 advantages of, 75-76 McKenny, Vinnie (Elixir), 71 condominium associations, 178, 182-183 McLaughlin, Corrine (Sirius), 36 corporations/non-profit corporations, 174-175 Meadowdance Community (VT) criteria for choosing, 76, 170-171 decision not to buy, 5, 114-116 homeowners associations, 178-182 departing members equity, 167-168 housing co-ops, 92, 132, 178, 183-185 income-sharing, 157-158, 198 and internal finances, 173 internal finances chart, 162-163 joint tenancy, 187 labor requirements, 166 legal advice, 76-79 membership, 11, 225 Limited Liability Company (LLC), 173, 176- vision statement, 39 178 media coverage, 125 and membership control, 180, 185, 191, 194 meetings non-profit status, 175-176, 185-198 facilitator, 25, 60, 202 partnerships, 177 feedback, 28, 203, 212-213 subchapter S corporations, 175, 177 planning, 24-25, 59-60 tax issues, 76, 174, 175, 179 and visitors, 32-33 tenancy in common, 187 members, new legal protection, 90, 107, 174-175 advertising for, 32, 219-220 Limited Liability Company (LLC), 173, 176-178 to established communities, 168-169, 172-173 loans integrating, 32-33, 224-225, 228 banks, 104-105, 132-136 interns, 167 owner financing, 131 and vision documents, 22-23 owner financing examples, 88-89, 94, 96-97 members, selection of personal loans, 129-131 decision-making, 223-224 private, 90-91, 129 difficult or wounded people, 221-223 INDEX 249

past behavior, 226-228 Limited Liability Company (LLC), 173, 176- questionnaires and interviews, 226-227 178 screening process, 8, 27, 219-221, 223-228 non-profit status, 175-176, 185-198 setting standards, 221, 228 sole ownership, 23-24, 91-92, 129-131 membership tenancy in common, 187 changes to, 34, 44-45, 87 ownership, sole, 129 control of, 173, 182-183, 191, 194 and inequality, 23-24 criteria, 8, 27, 219-221 Mariposa Grove example, 91-92 decision-making status, 45 use of Triple Net Lease, 130-131 fees, 27, 31 P group size, 10-11 Paiss, Zev, 12, 46, 49, 50 Miccosukee Land Co-op (FL), 183 A Pattern Language (Alexander), 150 Moench, Tom (Winslow), 148 permaculture, 143, 146, 147 Morningstar Ranch, 117 permits. see zoning issues Pioneer Valley Cohousing (MA), 182-183 N policies. see agreements and policies Naiman, Valerie (Earthaven), 14-15, 16, 88-90 power relationships Naka-Ima training, 200-201 awareness of, 55-56, 78 name, choosing a, 31 behaviors and attitudes, 206-207 Nature's Spirit (SC), 38, 192 and consensus method, 59 neighbors prejudice, dealing with, 104, 106, 124-125 good relations, 4, 95, 124 preliminary feasibility study, 109-112, 137 and land purchase, 111-112 press release, 125 and zoning variances, 15, 110, 122-125 promissory note, 129 non-negotiables, 49-50 property. see land, buying non-profit status and income-sharing, 157-158 R and legal advise, 77-78 Ray, Paul, 82 need for legal entity, 75-76 real estate agents, 93, 105-106 non-exempt non-profit, 176, 179, 185-188 real estate market. see land, buying and taxation, 179 Reid, Luc (Meadowdance), 15, 114-116 tax-exempt non-profit, 175-176, 189-198, 238- revenue. see internal finances 240 roads issues, 109-110, 120 Nyland Cohousing (CO), 178-179 Rosy Branch (NC), 88

O S Obermeyer, Hank (Mariposa), 91-92 sales contract form, 112-113 "offer to purchase", 112-113 Sandelin, Rob, 50, 53, 59, 62, 202 On Consensus and Conflict (Butler), 65 Sandhill Farm (MO), 83, 155 "option to purchase", 112-113 Schaub, Laird, 204 Owner's Disclosure Statement, 109 Scheib, Cecil (Dancing Rabbit), 14-15, 80 ownership, options ScottHanson, Chris, 139 condominium associations, 178, 182-183 septic systems, 82, 110-111, 120 examples, 157-158 Sharingwood Cohousing (WA), 182 and financing, 22, 30, 140 "budget party", 62-63 homeowners associations, 178-182 zoning negotiation, 121 housing co-ops, 92, 132, 178, 183-185 Shenoa Retreat and Conference Center (CA), 39, 42 joint tenancy, 187 Shenoa Retreat and Learning Center, 39 and legal entity status, 75-76, 171-172 250 CREATING A LIFE TOGETHER

Sirna, Tony (Dancing Rabbit), 14-15 "a group of families", 104, 106 site criteria dealing with prejudice, 124-125 developed land, 101-103, 172 timeline, setting goals, 26, 28-29 examples, 84, 88, 95 training property or housing, 22, 25, 99-100 consensus, 58, 61-62, 65 raw land, 100-101, 104, 171-172 hiring expertise, 9 site-lease/assessment fees, 160, 162, 164-165 Twin Oaks (VA), 196-198 site planning cluster housing, 147-149 U Earthaven example, 142-146, 150-151 utilities, 110 permaculture design, 143, 146, 147 your community building, 150 Sonora Cohousing (AZ), 179 V Sowing Circle/Occidental Arts and Ecology Center values, exploring, 47-53 (CA) vision documents buy-in options, 30, 162-163 drafting, 53-54 chore wheel, 166-167 elements of, 37-38 conflict resolution, 27, 43-44, 213-214 and fundraising, 31-32 consensus statement, 56 general principles, 7, 25-26, 36 departing members equity, 167 hidden expectations, 45-47, 51-52 financing, 5, 10, 92-97, 141, 176 process of creating, 42-45, 47-53 former use permit issue, 118 vision statements, 38-41 general principles statement, 26 visitors/interns, 32-33, 167 income and expenses, 153, 159 Vogel, Paul Ekrem, 181 internal finances chart, 160-161 membership, 11, 87 W non-profit status, 189, 192-193 water issues, 81, 109, 120 organic easement, 196 Watzke, Bob, 107, 112 spiritual communities, 12 website, your community, 32 start up. see community design websites, research, 20, 177 Steiner, Rudolf, 33 Wilson, Roberta (Winslow Cohousing), 12 sustainable development, barriers, 80-82 Winslow Cohousing (WA), 12-13 Wolpert, Adam (Sowing Circle/OAEC), 34, 36, 37 T tax-exempt non-profit status Z 501(c)3 model set up, 238-240 zoning issues 501(d) status, 196-198 decision not to buy, 5, 114-116 and land trusts, 194-196 former use permits, 118-119 overview, 175-176, 189-192 General Plan, 110, 116 and ownership of land, 192-194 housing density, 116-117 tax issues and neighbors, 15, 110, 122-125 legal entity status, 76, 174 subdividing, 120 and non-profit status, 179 and sustainable development, 81-82, 109, 116 terms, 175 variance or permit, 119-122 tenancy in common, 187 Zucker, Irwin Wolfe, 219, 226 terminology Zuni Mountain Sanctuary (NM), 147 About the Author

Since 1993 Diana Leafe Christian has been edi- Communities magazine, the Communities Directory, tor of Communities magazine, a quarterly publica- and Canada’s This Magazine. tion about intentional communities in North Diana leads workshops for forming-commu- America. She has been interviewed by NPR and nity groups and educational centers nationwide the BBC about intentional communities and and at communities conferences, on the practical contributed a chapter on forming new commu- steps to create ecovillages and intentional com- nities to Creating Harmony (Gaia Trust, 1999). munities, including the land-purchase, zoning, Her articles on ecovillages, financial and legal and legal stages of these projects. aspects of communities, children in communi- She lives at Earthaven Ecovillage in North ty, and communication and group process Carolina, one of the “successful 10 percent” com- issues in community have appeared in publica- munities she began researching for this book. tions ranging from Mother Earth News to Website: www.CreatingALifeTogether.org If you have enjoyed Creating a Life Together you might also enjoy other

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