Legal Options for Cooperative Living
Although nothing in life is guaranteed, having the right legal structure for a housing initiative/group living arrangement can offer much more security to everyone involved. A robust legal structure can provide a path for dealing with conflicts when they arise, how people can join and exit with clarity and fairness, how resources will be shared equitably, it can give a lender assurance, and much more…
I’m passionate about this topic because in 2015 (in South Africa) I found myself at the sharp end of a land-property dispute with the landowner, who had given me permission to build a home and occupy a portion of the property, forcibly trying to remove me and my family by any means necessary. She had not wanted to use the legal system to secure my share of the property, saying it was “Babylonian,” and that we could do everything by trust and a “gentleman’s handshake.”
What was not clear to me at the time was that she was already benefitting from the legal system to have the title to the property and that I was being disadvantaged by not having the same security for my family. Eventually, after a lot of passive aggressive, sabotaging actions, she turned to a lawyer to have me evicted.
Having sold a house in the suburbs to build a home and infrastructure on her property and investing nine years of working the land into a thriving food gardens, indigenous plant nursery, and permaculture training business, I was not about the walk away with nothing. I hired a better lawyer who, after large amounts of stress and money in lawyer’s fees, won me a substantial amount of money to leave the property and the life and business I had created there. I vowed to use that experience as a lesson to others set up a legal structure/system for property sharing.
On Sunday 14 July, I organised and facilitated an event for locals to learn about the legal options for cooperative living, particularly as it pertains to the cooperative living planning rule in Tasman District Council. It was also to give a chance for participants to learn from and network with each other. Next month we hope to host a planner to talk about resource consenting as it pertains to this planning rule.
The purpose of this series of events is to give more clarity, security, and affordability to the process of setting up a cooperative living arrangement in the district and even explore possibilities for other regions.
Michael Stocker, a director and lawyer at Client Legal Solutions, created a presentation on the many legal structures and arrangements that could be done to make use of this planning rule. Michael presented about private ownership and collective ownership models and the elements to make up successful cooperative living entities. He did this pro bono as he has a keen interest personally and professional in the areas of cooperative living arrangements and intentional communities
Michael geared his presentation to the eight elements that he feels creates a good cooperative structure.
In the case of a rural-based cooperative, Michael and I said that we would add local economic activity/business to this list which makes use of the productive soil/land to create livelihood as well as supply food, natural resources for building, medicine, fuel, and that provides an income for those living on the land.
Participants shared about the many reasons why people do want to live more cooperatively. I was heartened seeing the enthusiasm of people exploring the possibilities.
We set up a panel to hear about the lived experiences of those who’ve lived cooperatively, successfully and not so successfully. Experiences ranged from incorporated society to intergenerational family to anarchist to benevolent dictator.
Participants came as far as Blenheim and Golden Bay, at least a third having lived in some way cooperatively, some having land they’d like to figure out how to share, all concerned about the housing crisis and the amount of people in our region without secure housing.
I shared briefly about the Community Land Trust (CLT) that is a model to provide very low-cost land for long-term lease for either fixed or mobile homes. I’m speaking with TDC, Te Awhina Marae, and Wakatu Corporation to explore collaboration to make land available for a CLT.
I encourage people in other regions to consider this format which works well to build knowledge, capability, networks, and explore possibilities for living in a more affordable, sustainable, and connected way.
How I can support you
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How I can support you 〰️
If you are a Council wishing for more meaningful community engagement for housing or strategies to strengthen community-led housing for your region or you’re a local group needing support to run similar initiatives, be in touch via email or call me at 027-449-0422.
Two upcoming workshops
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Two upcoming workshops 〰️
Next Cooperative Living Workshop on Planning: Tentative date is Sunday 25 August at the Riverside Community Hall (TBC)
We will continue to hold this learning and networking series on Cooperative Living in our region. We have invited a local planner as the next presenter to share about what the resource consenting process entails and what could work for alternative/out-of-the-box initiatives to get them through the consenting process with ease and affordability.
The land needs people: Communication for land-sharing workshop
Do you need help on your land, or are you looking for a place to ‘land’ your tiny house? There are two events coming up on August 13th and 17th in the Nelson-Tasman area that could be just what you need.
Run by Janet Redmond and James Samuel, they will help you find a shared intention (with an owner of land or a tiny house), discover the art of making clear agreements, and learn and practise adult communication processes you didn’t know you didn’t know. Read more here:
Contact the organisers for more information.