Oakland Humane Commons charter
November 22, 2022
Founding principles -
is a sacred cooperative bond
between humans and the land.
is a sacred cooperative bond
between all human beings.
Our humane commons is a social agreement,
voluntarily entered into,
that enables human beings
to conserve and restore
the living system circuits
upon which all life depends,
and to conserve and restore
the divine state
as the true basis
of our truly human nature.
Our social agreement
within the humane commons
has far-reaching purposes, including:
to humanely and finally solve all “homelessness” everywhere;
to affirm and show “prior unity”
as the always already existing basis
of all life, everywhere
and to fully expose
the fraudulent and genocidal pattern
in the old human death culture of ego
both in the outworld of deep state Oakland
and in the in-world of
the so-called you
that you do
until you forget to.
My social agreement
“I acknowledge prior unity
as the true basis of all life
and living system circuits.
I vow to do no harm
(except as a last resort
in collective or individual self-defense)
and to stay steady in my harmlessness toward all
and to take care of the land,
and to take care of each and all in the human family.”
My vow to our Constitutions
“I vow to defend the United States Constitution
in its original 1789 form
(correcting the 13th amendment fault
and cutting out the allowance made
falsely, for a prisoner to also be a slave)
and to defend
the State Constitution of the Republic of California
(in its original 1849 form)
from all enemies
foreign and domestic.
I recognize that all my Divinely granted inalienable rights
and depend on
the root Amendment
of all the other Amendments,
that 5th Amendment root,
the landed one
that forever marries every American born
daughter or son
to the land they were born on,
and restores to we the people
all the public lands
to meet our truly human needs
and for liberty
and for community.
we are not merely "one"
we are not separate
we are "Not-Two"
the ego death culture is done
we've already won
All or None!
The main body of the Oakland Humane Commons charter -
The name of this organization shall be Oakland Humane Commons, herein after referred to as the ”Trust”
The purpose of the Trust shall be:
a. To provide at least one twentieth of an acre of homestead land to any member/steward in good standing, who has signed a stewardship agreement with the Trust, and who spends at least 100 nights within a given year living on and improving that land, according to the commons open source database.
b. To create and preserve rent-free cooperative living
Rent-free living we define as a homestead wherein the resident is responsible for paying the utilities, property taxes, insurance and agreed-upon maintenance costs, but no “rent,” which is defined as a principal and/or profit payment made to an initial investor. Initial investments to build the rent-free dwellings will be direct contributions by the residents themselves, their sponsoring non-profit organizations, and other neighbors
(Cooperative community we define as a community of people sharing space and collectively managing that space according to social contracts.)
Strengthen local communities and local food security through the following:
(1) Promote the development, rehabilitation, and viable operation of microfarms within the cities, and larger farms outside the cities, along with associated industries, tiny homes, and social programs to support local agriculture and local food security
(2) Develop and promote community gardens and urban food forests.
(3) Create educational and economic opportunities for members of the community.
(4) Promote farming practices that support the strengthening and stability of living systems and living soil.
(5) Educate the larger community about regenerative agricultural practices, as well as the Community Land Trust model of land stewardship. .
f. Protect the natural environment in a way that balances the needs of the environment with the basic human needs of human beings. Promote both the regenerative use of natural resources, and the long term health, safety, and well being of we the people.
Restore living soil and maintain the optimal health of living systems.
Prioritize a development model based on the tiny home Eco village format, with shared common spaces and infrastructure, that draw people into cooperative community.
1. Active Membership.
The Active Members of the Trust, with full voting rights, shall be: a. The land stewards, who sign their stewardship agreement with the Trust or who have partial or full owndership of dwellings that are located on land leased by another entity from the Trust. b. The Regular Members, who shall be all other persons who have paid membership dues as established by the Membership for the current calendar year. 2. Membership Dues. a. Annual membership dues shall be assessed for each calendar year by an affirmative vote of a majority of the Active Members present and voting at the Annual Meeting preceding that year. If no such action is taken to assess dues for a given year, the dues for that year shall be as established for the previous year. 3. Rights of Active Members. a. Every Active Member shall have the right to participate in meetings of the Membership, to cast one vote on all matters properly put before the Membership for consideration, to nominate and participate in the election of the Board of Directors as provided by these Bylaws, to serve on the Board of Directors or on committees if chosen, to receive notices and minutes of Membership Meetings and Annual Reports of the Trust. b. The approval of the Active Membership, in accordance with these Bylaws, shall be required before action may be taken on the assessment of membership dues, removal of Board Members, the sale of land, the amendment of the Oakland Humane Commons charter, or its Bylaws, and the dissolution of the Trust. 4. Membership Meetings. a. Notice of Meetings. Written notice of every Membership Meeting shall be given to all Active Members and shall include an agenda for the meeting. Except as otherwise provided in Article IX of these Bylaws, notice shall be mailed (or emailed) at least seven days prior to a meeting, making an effort to give at least 14 days written notice.
Annual Meetings. The Annual Meeting of the Membership, for reports to the Membership by the Board of Directors and Officers, the election of Directors, the assessment of dues, and the transaction of other business, shall be held within the first four months of each year. The location and specific time of the Annual Meeting shall be determined by the Board of Directors. Notice of the Annual Meeting shall include a list of those persons nominated for the Board of Directors as provided in Article III of these Bylaws. c. Regular Meetings. Regular Meetings may be scheduled by the Active Membership at the Annual Meeting. d. Special Meetings.
Special Membership Meetings shall be called by the Board of Directors or by a written petition, addressed to the Chair of the Trust, signed by at least one tenth (10%) of the Active Membership. At a Special Meeting, only those matters stated on the agenda, as included in the notice of the meeting, may be acted upon by the Membership. e. Open Meetings. All Membership Meetings shall be open to any person. f. Minutes. Minutes of all Membership Meetings shall be recorded by the Clerk of the Trust or by another person designated by the Board of Directors. g. Quorum. A quorum shall consist of those voting members present.
Decision Making Policies adopted by the Board shall be used as a guide to achieving consensus. Whenever possible, decisions shall be made at Membership Meetings by consensus of the Active Members present, a quorum being assembled. In the event that consensus is not attained, a decision shall be made by an affirmative vote of a majority of the Active Members present and voting, a quorum being assembled, except as otherwise provided in these Bylaws. Before a vote is held on any motion, the exact language of the motion shall be recorded by the Clerk and read to the Membership and all Members present shall have a reasonable opportunity to express their opinions on the proposition.
Board of Directors
All members of the Board of Directors have to have spent at least 100 nights within the last year, in one of the communities of the Oakland commons, according to the commons open source database.
1. Number of Directors. Except for the initial Board named in the Oakland Humane Commons charter, the Board of Directors shall consist of no less than 7 or more than 15 Directors.
2. Composition of the Board. There shall be three categories of Directors, each with representation as close to one third of the total Board as possible. Three categories shall be “Lessee Representatives,” representing Lessee Members, “Member Representatives,” representing Regular Members, and “Public Representatives,” representing the interests of the general public. 3. Nomination of Directors. Active Members may apply for the Board of Directors or nominate Board candidates following procedures adopted by the Board, which shall include the following guidelines: Lessee RepRepresentative.
Lessee Members may nominate Lessee Representatives to the Board from among themselves. These nominations must be submitted in writing to the Clerk of the Trust at least seven days prior to the Annual Meeting of the Membership. (2) In the event there are no or too few Lessee Members, Regular Members who are prospective future lessees may apply or submit nominations for “Lessee Representatives.” . (3) Except as provided in this paragraph and in paragraph (2) above, Regular Members may not nominate candidates for Lessee Representatives.
Regular Members may apply or nominate Member Representatives to the Board from among themselves. These applications or nominations must be submitted in writing to the Clerk of the Trust at least seven days prior to the Annual Meeting.
Unless there are an insufficient number of candidates for the Member Representative positions, Lessee Members may not nominate candidates for Member Representatives.
Public Representatives. At least seven days prior to the Annual Meeting, the Board of Directors shall make nominations for Public Representatives to the Board. In making such nominations, the Board shall endeavor to identify willing candidates who are associated with other nonprofit organizations or public agencies concerned with land conservation, agriculture, and dwellings issues in the region, or who are associated with the Community Land Trust movement, or who for other reasons, are in a position to help the Trust to function effectively in the larger community.
Notice of Nominations. A list of all persons nominated in each of the three categories shall be included with the notice of the Annual Meeting.
Election of Directors. Directors shall be elected by a majority of the Active Members present and voting at the Annual Meeting, a quorum being assembled, in accordance with the following procedures: a. The Board will prepare a slate of candidates from among applications and nominations received at least seven days prior to the Annual Meeting.
Each Active Member may vote for one nominee for each vacant position in each of the three categories of Board Representatives.
Positions shall be filled by those candidates receiving the largest number of votes, though such numbers may constitute less than a majority of the total votes cast. d. After election of Directors to the Board at the Annual Meeting,
Election to Fill Vacancies. If any Director vacates his or her term or is removed from the Board, the remaining Directors (though they may constitute less than a quorum) may elect a person to fill the vacancy, or may, by unanimous agreement, decide to leave the position vacant until the next Annual Meeting of the Membership, provided the Board still includes at least three Representatives in each category.
Elections to fill vacancies shall be by a majority of the remaining Directors, including approval of all remaining directors in the category which the appointment is being made.
Qualifications of Replacements. Any person elected to fill a vacancy on the Board of Directors must be one who can be reasonably expected to represent the interests of the constituents in the category (Lessee, Member, or Public) in which the vacancy occurs.
Term of Replacements. Replacement Directors elected by the Board shall serve until the next Annual Meeting of the Membership, at which time the position shall be filled by a person elected, according to the procedures described in Sections 3 and 4 of this Article, to serve out the remaining term of the person who has vacated the position, or, in the event such term has expired, to serve a full term.
6. Terms of Directors. a. Terms of Directors. Except as otherwise provided in these Bylaws, each director shall serve a full term of three years.
Commencement of Terms. The term of office of a regularly elected Director shall commence at the adjournment of the Annual Membership Meeting in which he or she is elected. The term of office of a Director elected by the Board to fill a vacancy shall begin at the time of his or her acceptance of the position.
Any Director may resign at any time by giving written notice to the Chair. Unless otherwise specified, such resignation shall be effective upon the receipt of notice by the Chair.
A Director shall be considered to have given notice of resignation and his or her position shall be declared vacated by the Board of Directors if he or she fails to attend three consecutive meetings of the Board with the exception of emergency meetings, unless good cause for absence and continuing interest in participation on the Board are recognized by the Board. When a Director has failed to attend three consecutive meetings, the Chair shall notify him or her in writing that, at the next regular Board meeting, his or her position will be declared vacant unless the Board determines that there has been good cause for the Director’s absences and that the Director continues to be interested in participating on the Board of Directors. The notification by the Chair shall be mailed no later than seven days prior to the Board meeting at which the position may be declared vacant. At this meeting, the Director in question shall be given the opportunity to show good cause for absence from meetings and continuing interest in participating on the Board. The resignation of a Director who has missed three consecutive meetings shall not become effective until the Board has declared the position vacant as provided herein.
8. Removal of Directors.
A Director of the Trust may be removed for good cause by the Active Members of the Trust when such Director is judged to have acted in a manner seriously detrimental to the Trust. However, before such removal can occur, the following procedure must be followed. An attempt has been made to resolve the issues using conflict resolution procedures as adopted by the Board, if appropriate.
Written charges specifying the conduct considered to be detrimental must be signed by at least ten members of the Trust and submitted to the Chair (or, if the Chair is the Director charged, to the Vice Chair). Any Active Members of the Trust may submit such charges.
The Chair (or Vice Chair) shall deliver or mail a copy of the charges to the Director charged. A Special Committee consisting of three Active Members of the Trust shall be created to consider the charges. One member of the Committee shall be selected by the Board of Directors, but without the participation of the Director charged, within ten days following the delivery or mailing of the charges to the Director charged. In making its selection, the Board shall endeavor to select a person who will consider the charges without bias. No later than ten days following the Board’s selection of the first member of the Committee, a second member may be selected by the Director charged. In the event that the Director charged fails to select a second member of the Committee within ten days, the Board may select a second member who, in the judgment of the Board, will consider the charges without bias. Within ten days following the selection of the second member of the Committee, the first and second members shall select a third member of the Committee. If the first and second members cannot agree upon a third member within this ten-day period, the Board shall select a third member.
The Special Committee shall hold a hearing, at which both the Director charged and the members who have filed charges may present evidence in the presence of the other. Following the hearing, the Committee shall prepare a written report of its findings and its recommendation for or against removal. The recommendation shall be based on a majority vote if consensus cannot be reached. The report shall contain a statement of how each member of the Committee has voted. The report shall be completed and submitted to the Chair of the Trust no later than one month following the selection of the third member of the Committee.
If the Committee recommends removal of the Director, the recommendation shall be presented to the Active Membership, which shall then have sole authority to decide the question of removal. A Membership meeting for this purpose shall be called by the Chair for a time no later than one month following the Chair’s receipt of the Committee’s recommendation for removal. Notice of this meeting shall include a complete copy of the Committee’s report.
9. Meetings of the Board of Directors.
Notice of Meetings. Except as provided below for emergency meetings, written notice of a Board meeting shall be mailed to all Directors at least seven days prior to the meeting or shall be delivered in person at least five days prior to the meeting.
Waiver of Notice. Any Director may request waiver of written notice of Regular Meetings required by these Bylaws.
Annual Meeting. The Annual Meeting of the Board of Directors may be held immediately following the Annual Membership Meeting and must be held no later than one month following the Annual Membership Meeting.
The Board of Directors shall meet no less often than once every two months, at such times and places as the Board may establish. Special Meetings and Emergency Meetings. Special meetings may be called by the President, by any three Directors, or by 10% of the Active Members of the Trust. Notice must be given as provided above, unless any three Directors determine that the matter at hand constitutes an emergency. When so determined, an Emergency Meeting may be called on one-day notice. Notice of Emergency Meetings, including an announcement of the agenda, shall be given by telephone or in person to all Directors. At any special or Emergency Meeting of the Board, only those matters included in the announced agenda may be acted upon unless all of the Directors are present at the meeting and unanimously agree to take action on other matters.
Procedures for Meetings of the Board of Directors.
Open Meetings. All meetings of the Board of Directors shall be open to any person except when the Board has voted, during an open meeting, to go into executive session.
Executive Session. A motion to go into executive session shall state the nature of the business of the executive session, and no other matter may be considered in the executive session. No binding action may be taken in executive session except actions regarding the securing of real estate purchase options or contracts in accordance with paragraph (2) below.
All other actions resulting from discussions in Executive Session must be made in open meeting at the conclusion of Executive Session. Attendance in executive session shall be limited to the Directors and any persons whose presence is requested by the Board of Directors. Minutes of an executive session need not be taken; however, if they are taken, they shall be recorded as a part of the minutes of the meeting in which the Board has voted to go into executive session. The Board shall not hold an executive session except to consider one or more of the following matters: (1) Contracts, labor relations agreements with employees, arbitration, grievances, or litigation involving the Trust when premature public knowledge would place the Trust or person involved at a substantial disadvantage. (2) Real estate purchase offers and the negotiating or securing of real estate purchase options or contracts. (3) The appointment or evaluation of an employee, and any disciplinary or dismissal action against an employee (however, nothing in this section shall be construed to impair the right of the employee to a public hearing if action is taken to discipline or dismiss). (4) The consideration of applications from persons seeking to lease land and/or dwellings, purchase dwellings, or arrange financing from the Trust. (5) Relationships between the Trust and any party who might be harmed by public discussion of matters relating to the relationship.
Quorum. At any meeting of the Board, a quorum shall consist of a majority of the Board Members, provided that at least one representative from each of the three categories is present. d. Decision-Making. Decision Making Policies adopted by the Board shall be used as a guide to achieving consensus. The Board shall attempt to reach consensus on all decisions. In the event that consensus cannot be achieved, a decision may be made by a majority of the Directors present and voting, except as otherwise provided in therelationshi
Minutes of all Board Meetings shall be recorded by the Clerk or by such other persons as the Board may designate, and shall be approved by the Board at the next Board meeting. All minutes of Board meetings shall be kept on permanent record by the Trust and shall be open for inspection by any Member of the Trust.
11. Duties of the Board of Directors.
The Board of Directors shall carry out the purposes of the Trust, implement the decisions of the Active Membership, and be responsible for the general management of the affairs of the Trust in accordance with these Bylaws. Specifically, the Board shall:
a. Approve a written Annual Report to The Membership, and make this report available to all members. This report shall include a summary of the Trust’s activities during the previous year, the Trust’s most recent financial reports, and a list of all real estate held by the Trust.
b. Adopt an annual budget prior to the beginning of each fiscal year, and approve any expenditures not included in the budget
c. Select all officers of the Trust.
d. Supervise the activities of all officers, agents, and committees of the Trust in the performance of the assigned duties and investigate any possible conflicts of interest within the Trust.
e. Adopt and implement personnel policies providing for the hiring, supervision, and evaluation of employees.
f. Provide for the deposit of funds in accordance with Article X of these Bylaws.
g. Determine by whom and in what manner deeds, leases, contracts, checks, drafts, endorsements, notes and other instruments shall be signed on the behalf of the Trust.
h. Acquire such parcels of land, with or without buildings and other improvements, through donation, purchase, or otherwise, as the Board shall determine that it is useful and prudent to acquire in furtherance of the purposes of the Trust.
i. Convey the right to use land, through leases or other limited conveyances, in accordance with the provisions of Articles V, VI and VII of these Bylaws.
j. Convey ownership of dwellings and other improvements on the Trust’s land to qualified lessees, as possible, in accordance with the provisions of Articles V, VI and VII of these Bylaws.
k. Provide for the purchase of dwellings and other improvements on the Trust’s land from lessees who wish to sell or whose leases are terminated, at prices based on the “resale formula,” in accordance with Article VII of these Bylaws.
l. Develop the resources necessary for the operation of the Trust and for the acquisition and development of land and architecture.
m. Assure the sound management of the Trust’s finances.
12. Powers of the Board of Directors. In addition to the power to carry out the duties enumerated above, the Board of Directors shall have the power to:
a. Appoint and discharge advisors and consultants.
b. Create such committees as are necessary or desirable to further the purposes of the Trust. Any member of the Trust may be appointed to any committee. No committee may take action on behalf of the Trust except as authorized by the Board of Directors.
c. Call special meetings of the membership.
d. Approve the borrowing and lending of money as necessary to further the purposes of the Trust and in accordance with Article X, Paragraph 4 of these Bylaws.
e. Exercise all other powers necessary to conduct the affairs and further the purposes of the Trust in accordance with these Bylaws.
13. Limitation on the Powers of the Board of Directors.
Action taken by the Board of Directors on any motion for the assessment of membership dues, the removal of Directors, the sale of land, the establishment or alteration of the “resale formula", or amendments to the Oakland Humane Commons charter shall be approved by the Active Membership in accordance with these Bylaws.
14. Conflict of Interest.
No member of the Board of Directors shall vote on any matter in which such Director or any parent, spouse, child, partner, employer or similar related business entity has a substantial interest in any property or business that would be substantially affected by such action.
Te officers of the Trust shall be: Chair (also known as President), Vice-Chair (or two Co-Chair may substitute these two positions), Clerk, and Treasurer. The Offices of Chair and Treasurer may not be simultaneously held by the same Director.
The officers of the Trust shall be elected by a majority vote of the Board of Directors, from among themselves, at the Annual Meeting of the Board. Any vacancies occurring in any of these offices shall be filled by the Board for the unexpired term.
The officers shall hold office until the next Annual Meeting of the Board after their election, unless before such time, they resign or are removed from their offices, or unless they resign or are removed from the Board of Directors. Any officer who ceases to be a member of the Board of Directors shall thereby cease to be an officer.
4. Removal from Office.
The officers shall serve at the pleasure of the Board of Directors and may be removed from office at any time by an affirmative vote of two-thirds of the entire Board of Directors.
5. Duties of the Chair.
(This position may be a co-chair position.) The Chair shall:
a. Preside at all meetings of the Board of Directors and the Membership when able to do so.
b. Consult with the other officers and the committees of the Trust regarding the fulfillment of their duties.
c. Assure that an agenda is prepared for every meeting of the Membership and the Board of Directors.
d. Give notice to any Director who has been absent from three consecutive regular meetings, as required by these
e. Call special meetings of the Membership or Board of Directors when petitioned to do so in accordance with these Bylaws.
f. Carry out the duties assigned to the Chair regarding the removal of a Director.
g. Perform such other duties as the Board of Directors may assign.
6. Duties of the Vice-Chair.
(this position may be a co-chair position.) The Vice-Chair shall:
a. Perform all duties of the Chair in the event the Chair is absent or unable to perform these duties. b. Perform such other duties as the Board of Directors may assign.
7. Duties of the Clerk.
The Clerk shall:
a. Assure that a list of all Members and their mailing addresses is maintained by the Trust, and is made available in full in the open source database.
b. Assure that proper notice of all meetings of the Membership and the Board of Directors is given.
c. Assure that motions and votes in meetings of the Membership and Board are accurately represented to those present and are accurately recorded in the minutes.
d. Assure that minutes of all meetings of the Membership and the Board of Directors are recorded and kept on permanent record.
e. Perform such other duties as the Board of Directors may assign.
8. Duties of the Treasurer. The Treasurer shall oversee the finances of the Trust. Specifically, the Treasurer shall:
a. Assure that the financial records of the Trust are maintained in accordance with sound accounting practices.
b. Assure that funds of the Trust are deposited in the name of the Trust in accordance with these Bylaws.
c. Assure that all deeds, title papers, leases, and other documents establishing the Trust’s interest in property and rights in particular matters are maintained in such manner as the Board directs.
d. Assure that all money owed to the Trust is duly collected and that all gifts of money or property to the Trust are duly received, and accurately noted in the open source database.
e. Assure the proper disbursement of such funds as the Board of Directors may order or authorize to be disbursed.
f. Assure that accurate financial reports (including balance sheets and revenue and expense statements) are prepared and presented to the Board, and to all of the members, at the close of each quarter of each fiscal year.
g. Assure that such reports and returns as may be required by various government agencies are prepared and filed in a timely manner.
h. Assure that an annual budget is prepared and presented to the Board for its approval prior to the beginning of each fiscal year.
Stewardship of the Land.
1. Principles of Land Use.
The Board of Directors shall oversee the use of land owned by the Trust and shall convey the right to productive use of the land while preserving its natural resources in perpetuity. In forming land stewardship agreements, the Board of Directors will seek to balance the rights and responsibilities of stewards with those of the larger community, with the intent to continually improve the balance between the needs of people and the needs of nature and the Earth. In doing so the Board shall be guided by the following principles:
The Board will protect and improve, to the best of its ability, the productive capacity of the land and of the people, for the benefit of our own communities, now and in perpetuity, as well as benefit all those not yet living in the commons.
a. The Board will promote and support as much as possible the most regenerative and non-toxic farming and gardening methods, including recycling biomass within restored living systems, provide the needed inputs for healthy living soil, tracking soil management, revegetation and reforestation, organic growing practices, restoration of wildlife habitat, and soil bio-remediation of toxins in the soil.
b. The Board will value and prioritize: cooperative, democratic and consensus based self-governance structures, prioritize exchange with local markets, (excepting in the case of arts, culture and other intellectual property, which should be aggressively marketed and distributed globally), development of effective alternatives to internal combustion or other overly toxic technologies, educational and apprenticeship programs, maximization of wealth building, abundance, creativity, innovation and enterprise.
The Board will convey land use rights on terms which conserve and replenish natural resources, including air, soil, water, and native plant and animal communities, as well as expand and enrich the arts and cultural infrastructure of human beings.
a. The Board will practice respect, transparency, accountability and impeccability in decision making.
Encumbering, and Selling the Oakland Humane Commons' Land.
1. Principles of Land Use.
The Board of Directors shall oversee the use of land owned by the Trust and shall convey the right to use such land, including through the use of leases, so as to facilitate the following principles:
a. The Board shall consider the needs of potential lessees and shall attempt to effect a just distribution of land use rights.
b. The Board shall convey land use rights on terms that are free of monthly rent.
c. The Board shall convey land use rights in a manner that will promote the long-term well-being of the community and the long-term health of the environment.
d. Termination of Leases. The Board shall provide for periodic inspection of all leased lands and shall terminate leases, according to procedures set forth in lease agreements, if necessary for the protection of the land, the surrounding community or future generations.
2. Encumbrance of Land.
The decision to mortgage or otherwise encumber land owned by the Trust shall require the approval of two-thrids of the Board of Directors and written consent of any parties to whom such land is leased, excluding preexisting leases at the time of purchase.
Sale of Land. The sale of land does not conform with the philosophy and purposes of the Trust. Accordingly, land shall not be sold except in extraordinary circumstances when the sale is considered a necessary means of achieving the purposes of the Trust. In such extraordinary circumstances, land may be sold only with:
a. An affirmative vote by at least two thirds of the entire Board of Directors at a regular or special Board meeting, provided that written notice of such meeting has described the proposed sale and the reasons for the proposal; and
b. The written consent of any persons to whom the land in question is leased; and
c. The approval of two thirds of the Active Members present at two consecutive regular or special Membership Meetings, a quorum being assembled, provided that written notice of such meeting has described the proposed sale and the reasons for the proposal.
Ownership of dwellings and other improvements located on the Church's/Membership Association's Land, and Limitations on Resale.
1. Ownership of dwellings and improvements on the Trust’s Land.
In accordance with the purposes of the Trust, the Board of Directors shall take appropriate measures to promote and facilitate the ownership of dwellings by the members, and other improvements on the Trust’s land by the members of the commons. These measures may include, but are not limited to, provisions for the sale or gifting of dwellings to such people; provisions for financing the acquisition of dwellings by such people, including direct loans by the Trust; and provision for grants and other subsidies and outright gifts, that will lower or eliminate the cost of shelters/dwellings for such people. At least 50 percent of all dwellings will be equiped with wheels.
2. Purchase by the Trust of property located on the Trust’s land.
The Trust will specialize in developing the lowest priced dwellings available in the world. (Soft domes, cob homes, sod houses, yurts on wheels, etc.)
Accordingly, when land stewardship agreements are made, the Board of Directors shall assure that, as a condition of the agreement, the Trust is granted the right to purchase any dwellings or other improvements on the land, for a price determined by the “resale formula,” at such time as the stewards wish to sell or the agreement is terminated. (The exception is tiny homes on wheels, which the steward can take with them if they decide to leave.)
3. The Resale Formula.
For the purpose of preserving affordability, the Trust shall restrict the price that lessees may receive when they sell dwellings and other improvements located on the land that they've agreed to steward. A policy establishing such restrictions in the form of a “resale formula” shall be adopted by the Board of Directors in accordance with the following principles:
To the extent possible, the formula shall allow the seller to receive a price based on the value that the seller has actually invested in the property being sold.
4. Procedures for Adoption of the Resale Formula.
The adoption of the resale formula shall require an affirmative vote by at least two thirds of the entire Board of Directors at any regular or special Board meeting, provided that written public notice of such meeting has set forth the proposed formula with an explanation thereof.
5. Procedure for Altering the Resale Formula. The consistent long-term application of a resale formula is essential to the purposes of the Trust. Accordingly, the resale formula shall not be altered unless the Board of Directors and Active Members of the Trust determine that the current formula presents an obstacle to the achievement of the purposes of the Trust. In such an event, the resale formula may be altered only by a two-thirds vote of the entire Board of Directors and a two thirds vote of the Active Members present at a Membership meeting, as described above for the adoption of the formula.
Amendment of Bylaws.
The Oakland Humane Commons charter may be amended and these Bylaws may be amended or may be repealed and new Bylaws adopted only by:
1. An affirmative vote by two thirds of the entire Board of Directors at any regular or special Board meeting, provided that written notice of such meeting has set forth the proposed amendment or replacement, with appropriate explanations thereof; and
2. An affirmative vote by two thirds of the Active Members present at any regular or special Membership meeting, a quorum being assembled, provided that written notice of such meeting has set forth the proposed amendment or replacement, with appropriate explanations thereof.
Dissolution - A decision to dissolve the Trust and to distribute the Trust’s assets in a particular manner in accordance with the Oakland Humane Commons charter shall require:
1. An affirmative vote by two thirds of the entire Board of Directors at any regular or special Board meeting, provided that written notice of such meeting has included a full description of the plan of dissolution; and
2. An affirmative vote by two thirds of the Active Members present at two consecutive regular or special Membership meetings, a quorum being assembled, provided that written notice of such meeting, including a full description of the proposed plan of dissolution, has been given to all Members of the Trust no later than three weeks prior to the meetings.
1. Fiscal Year. The fiscal year of the Trust shall begin on January 1 of each year, and shall end on December 31 of each year.
2. Deposit of Funds. All funds of the Trust not otherwise employed shall be deposited in such banks, trust companies, or other reliable depositories as the Board of Directors from time to time may determine.
3. Checks, etc. All checks, drafts, endorsements, notes and evidences of indebtedness of the Trust shall be signed by such officers or agents of the Trust and in such manner as the Board of Directors from time to time may determine. Endorsements for deposits to the credit of the Trust shall be made in such manner as the Board of Directors from time to time may determine.
4. Loans. No loans or advances shall be contracted on behalf of the Trust, and no note or other evidence of indebtedness shall be issued in its name, except as authorized by the Board of Directors. Any such authorization shall relate to specific transactions.
5. Contracts. Any officer or agent of the Trust specifically authorized by the Board of Directors may, on behalf of the Trust, enter into those contracts or execute and deliver those instruments that are specifically authorized by the Board of Directors. Without the express and specific authorization of the Board of Directors, no officer or other agent of the Trust may enter into any contract or execute and deliver any instrument in the name of the Trust.
6. Indemnification. Any person (and the heirs, executers and administrators of such person) made or threatened to be made a party to any action, suit or proceeding by reason of the fact that he or she is or was a Director or Officer of the Trust shall be indemnified by the Trust against any and all liability and the reasonable expenses, including attorney fees and disbursements, incurred by him or her (or his or her heirs, executors, or administrators) in connection with the defense or settlement of such action, suit, or proceeding, or in connection with any appearance therein, except in relation to matters as to which it shall be adjudged in such action, suit or proceeding that such Director or Officer is liable for negligence or misconduct in the performance of his or her duties.
Initial Membership and Board, Adoption of Bylaws, First Annual Meeting.
1. Initial Membership. The Initial Members empowered to vote at the first annual meeting shall be those persons who have attended at least one of the organizational meetings held between March 1, 1996 and the time of the First Annual Meeting, as recorded in the minutes of these meetings.
2. Initial Board of Directors. The Initial Board of Directors shall be as stated in the Oakland Humane Commons charter. The Initial Board, after approving these Bylaws, shall call the first Annual Meeting of the Membership, and shall serve until the first elected Board of Directors has been seated upon the completion of the First Annual Meeting.
3. Adoption of Bylaws. Adoption of these Bylaws of the Trust shall require: a. Approval by a majority of the Initial Board of Directors prior to the First Annual Meeting; and b. Ratification by two thirds of the Initial Members present and voting at the First Annual Meeting.
4. Nomination of directors to be elected at first annual meeting. In consultation with the Initial Members, the Initial Board of Directors shall nominate a slate of twelve candidates, and shall designate four of these candidates as candidates for “Steward Representatives,” four as candidates for “General Representatives,” and four as candidates for “Public representatives".
Article XI - Open Source database for tracking where each member has slept each night since they began living at any of the commons settlements in Oakland, as well as their financial, labor, material and intellectual property contributions to the communities of the Oakland commons, as well as notes of any violations or crimes committed against the communities of the commons or their members, as confirmed or sworn by at least three other members in good standing.
Article XII - Offering investments in, or receiving investments from, other municipal commons trusts. Communication and mutual aid from and to other municipal commons trusts.
Article XIII - Fundraising
Article XIV - Avoiding corporate takeover of the Trust. All contributions to the Trust, or investments in the Trust, can never exceed 49% of the total value of the Trust at the time of those investments/contributions.
…Signed…Dated by initial officers
Social agreement for land stewardship within the Oakland Humane Commons
I vow to love my neighbor
to love myself
to love God and Goddess
to take care of the Earth
to take care of each other
and to do no harm except as a last resort in cases of self-defense or the defense of the lives of others.
I vow to align my life of action and business practices and art to the maximum degree to be in Harmony and cooperation with living systems.
I accept my social agreement with the Oakland Humane Commons Land trust, and the tiny home eco village with shared infrastructure and self-governance and self-sufficiency model of development.
I vow to be a good steward of the land, with my full constitutional rights, in common law, and and in full land sovereignty and non-evictability,
enjoying my full blessed sacred bond with the land.
I live according to cooperation by design.
ego death and prior unity are my present state.
Theo Cedar Jones
(This is only one possible example of an individual's social agreement. Our social agreements do not have to be completely the same, they just need sufficient overlap to realize certain projects, such as restoring the land jurisdiction for all the public lands to We the people, establishing the Oakland Humane Commons land trust, ending slave labor in the California State prisons, etc.)
There is also a natural confluence of the commons movement with other similar movements, such as the Assemblies movement, the New California State movement, and the full restoration of the "law of the land", i.e. common law, and the restoration of human beings from their status as presumed corporate commodities ("chattel"), to living men and women with their full constitutional rights, and the rematriation movement of the Ohlone tribes of the East Bay.
It is important to understand the nature of trusts, in order to take up our full responsibilities as stewards of the land. The following link is a good resource for this.
Understanding Trusts with Dr. KL