NEOW Land Purchase Discussion
#31
Posted 02 April 2002 - 12:48 PM
My first pass access plan:
2 Club run weekends per year (dates to be determined by straws, etc.) based on the clubs who have investors. Donations gladly accpeted for maintenenace.
Any other time is free game for any investor +1 guest vehicle each. First come first served.
Simple. Allows some flexibility. Easily managed.
#33
Posted 02 April 2002 - 12:54 PM
I like that...
AND it encourages NEOW "members" to join Clubs...
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-cmc-
#35
Posted 02 April 2002 - 12:58 PM
Don't forget the "Annual Investers Weekend".
#36
Posted 02 April 2002 - 12:59 PM
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Exactly. If we want to have a "NEOW forum and website group" bbq, we bring it to the 30 investors and ask. It gets voted up or down and we do it or we don't. Simple. I like simple. Complicted things make my brain hurt.
#37
Posted 02 April 2002 - 01:07 PM
#38
Posted 02 April 2002 - 01:11 PM
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No, Shane, all that Natty Light you drank last night is what is making your brain hurt! ;) ;)
Seriously though...
Although I stirred the pot a little in the other thread; I see some productive ideas coming out of it over here...
My .02
-cmc-
#39
Posted 02 April 2002 - 01:17 PM
A Land Trust is a simple inexpensive method for hiding the ownership of real property. A land trust can be setup as an irrevocable living trust used to title ownership of real estate. Title to the property is held in the name of a trustee, who is forbidden to reveal the beneficial owner. The beneficial owner or "beneficiary" can be an individual, corporation or other entity for further protection. The Land Trust is an amazing device, which offers numerous benefits to the property owners.
The most important benefits of the land trust are privacy and asset protection. With a land trust, no one needs to know what real estate you own either during your life nor at your death. By using a land trust with an attorney as a trustee, there will be no public record of your ownership of the real estate in the trust. The public records will list the attorney as trustee, and the tax bill will be sent to the trustee (who will forward it to you for payment). The property will be managed by you or by your agent. Think of all the advantages when the tree huggers come.
Some of the most popular benefits of using a land trust are, keeping the sales price secret, keeping liens and judgments off the property, avoiding a spouse's forced share, and avoiding litigation. A land trust, if properly setup and implemented, will hide your name from the public records. No one will know who owns the property but you, your own attorney perhaps and the trustee. If a judgment is entered against you, a lien will not automatically attach to the property, since title is not in your name.
A land trust can be designed to afford the same type of asset protection with one or two advantages (no state registration or annual maintenance is required). There are possible disadvantages (a higher income tax rate for income earned by the trust). The land trust of this kind is irrevocable, files its own tax returns (in contrast to an LLC which has pass-through tax advantages, pays no taxes, files only an information return with K-1(s) going to the member(s) and is taxed exactly like a general partnership or for single member LLCs, the taxation is exactly like a sole proprietorship). The LLC and the Land Trust can buy, sell, lease, mortgage and gift properties. It should be noted, however that in many states, it's becoming harder to "protect" ownership information about an LLC, because anyone with Internet access can find out anything (public records) they want about your LLC, just by going into the state web site. With Land Trusts, to accomplish the best asset protection strategy, the irrevocable Land Trust should have an independent trustee.
A Land Trust can be created by anyone who has the legal capacity to enter into a contract. An individual, partnership, corporation or a group of individuals can establish a Land Trust for one or more pieces of property.
Two primary documents are necessary to establish a Land Trust: a Trust Agreement and a Deed In Trust. An Environmental Risk Affidavit is also required.
A Land Trust can be created for the property you already own or for the property you intend to purchase. Additional property can be added to an established Land Trust at any time.
Under the terms of the Trust Agreement, the beneficiaries retain complete control over all property in the Trust, in the same manner as if they owned the property in their individual capacities. The beneficiaries can modify, amend or terminate the Trust at any time.The beneficiary of your trust can be you individually, a corporation, a partnership or any other legal entity. If you are the beneficiary individually, you can also name any other person or entity to immediately become successor beneficiary upon your death.
:-
#40
Posted 02 April 2002 - 01:17 PM
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My thoughts...Simple majority except for monetary issues, then a 2/3rds majority.
Chuck. No natty ice for me since damn near 2 weeks ago.... ;) I'm a new man. ;D
#41
Posted 02 April 2002 - 01:25 PM
#42
Posted 02 April 2002 - 03:36 PM
Nate
#43
Posted 02 April 2002 - 05:03 PM
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My thoughts...Simple majority except for monetary issues, then a 2/3rds majority.
Chuck. No natty ice for me since damn near 2 weeks ago.... ;) I'm a new man. ;D
I think it should be run by Robert's Rules of Order, which are clearly defined. Most organizations are run this way, unless their bylaws spell out things differently.
#44
Posted 02 April 2002 - 05:17 PM
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Ok, you got me on that one. Define further.
#45
Posted 02 April 2002 - 05:26 PM
This is the basis seen in any meeting, it's where the "nominations", "seconding", and "voting" originated. It's mighty DRY reading, but once you get into it, it's not too bad.

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