Legal Issues:
Legal advice is advisable when creating formalising the group organisational structure and governance and related financial agreements. Some collective housing development will face legal threats or legal battles, for example during planning stages. The following headings outline some of the ways in which a collective housing community can manage legal challenges, although the information contained here does not constitute legal advice:
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Legal matters and contracts are needed to define key group member individual responsibilities in relation to the group including financial responsibilities in relation to each other. This requires professional advice as a legal foundation for the group.
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Oppositions to housing development may come through the local council planning processes and these can escalate to the Environment Court. These may cover concerns such as visual impact, noise, runoff, sun/shadow, and anything else that impacts neighbours. Developing good relationships with neighbours before development begins can be a valuable method to avoid legal remedies. Consideration of neighbours during the design process can also solve this problem, as a good design can plan to avoid any undue impacts on neighbours.
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Some firms or individuals will specialise in working with community groups, and these are likely your best option If a member of your community is a lawyer, they may be able to represent the community as occurred with Delhi Village. Talk to other communities for advice on all consultants and seek professionals with experience establishing other groups, and with understanding of property and contract law.
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Fighting a legal battle is expensive, slow, and risky. It is often better to try and settle issues through mediation. Finding a mutually beneficial solution reduces the strain on all parties, and may help improve relations with neighbours.
