Contract Break Policies
House Rule 3.7.
- Contract break procedures:
3.7.1. Automatic contract breaks: members may obtain a complete contract break for the reasons outlines below and generally don't require House approval.
Note: Section 2.8.1 and 2.8.2 of the House Rules makes no sense at all. If you found someone to take your room independent of the normal house application process, then the people on the waiting list would be screwed over. It makes no sense at all. We have a waiting list full of people wanting to get a room, so why are you going to go find someone who's not on the waiting list?
Because this has caused confusion, I'm removing that section from this page.
If someone wants to move out before the end of their contract, then the room goes through all the normal move-out procedures -- room swap followed by alerting all the prospective members and following the Member Acceptance Policies. The Membership Coordinator finds a new member to take the room, following all of the normal procedures --- the person moving out does not have to find a replacement, nor can they choose their replacement or "sublet" their room.
- parker, long-time membership coordinator, jan 2012
From the TheContract:
17.RELEASE OF RESIDENT. Except as outlined below, Resident will be subject to release standards similar to those imposed by mortgage lenders, i.e. Resident will not be released on grounds such as a desire to move to another place, transfer between schools in Austin, loss of co-residents, bad health or any other reason unless so approved by the Board of Directors.
Contract Break Policies
(voted on by the house, 12-13-09)
1. Liable for Vacancy -- Members who move out before the end of their contract are contractually liable for the vacancy caused by their leaving early. The contract is not tied to a specific room. Section 10 of the Contract gives CHEA the right to reassign members to different rooms at any time.
2. Room Swap -- Even if another member swaps to the room of a member who moved out before their contract end date, the member who moved out early still owes money and is still under contract to pay for the vacancy. They will be liable for the room of the person who swapped to their room, until that room is filled by a new member or their contract ends, whichever comes first. (If the house will lose money by allowing a current member to move into the room of the member who broke contract, the house can refuse to allow that swap until a new member is found.) The house will be considered as moving the member's contract to a new room room, as per Section 10 of the Contract. The member who is moving out early does not have a right to allow or disallow the room swap; CHEA can reassign their contract without their approval.
3. Hosteling -- Money earned from temporary hostelers, who stay in the room of the member who moved out before the end of their contract, will be counted towards the money owed by that member, to pay off that member's balance. The house is under no obligation to find a hosteler for the room.
4. Contract Break Fee -- Members who are granted a contract break by the board will be charged a $100 contract break fee (House Rules, 3.7.1.3).
(voted on by the house, 12-13-09)
Attempt to clarify policies
The following is intended to be an explanation of policy, but it has not been voted on by the house.
A contract break is the termination of a contract before the contract end date. The Board of Directors has the power to grant contract breaks. The Membership Coordinator, on the other hand, does not have the power to grant contract breaks.
Section 15 of TheContract states: "No oral promises, representations or contracts have been made by CHEA or CHEA’s representative. This contract is the entire contract between the parties." Therefore, it is the date on your contract that matters -- not what anyone tells you. If you are told that you have a different contract end date than what you signed for, ask to see your contract and sign off on the different date. Until you sign off on an altered contract, do not assume for any reason that the terms of your contract have changed.
If you move out before your contract end date, you will be liable for the rent and other terms of the contract until your contract end date, or until someone else takes your room. If you like, you can state your case to the Board and request a contract break. Email the board at board@sasona.org.
- parker (membership coordinator), July 2008.