Sudbury Housing Trust adopts Home Preservation Process, authorizes buyer-broker agreement

The Sudbury Housing Trust voted April 9 to adopt a formal Home Preservation Process and an amended Buyer Agency Agreement intended to guide the Trust’s acquisition and rehabilitation of housing. Chair Carmine Gentile moved the adoption, and the motion passed by roll call vote with all recorded members voting aye.

The Trust also authorized inspections and incidental costs of up to $1,200 per property to support potential acquisitions. The motion to adopt the process and allocate inspection funding was seconded by Vice Chair Jack Ryan and passed unanimously.

The new process document includes a Property Acquisition Evaluation checklist and a buyer’s-broker arrangement. The Trust discussed a proposed buyer’s broker, Michael (Mike) Hunter, at a 2 percent commission; members agreed that the buyer’s-broker arrangement should not prevent seller-side brokers from presenting properties and noted commission arrangements would follow standard buyer-seller broker roles when other brokers bring listings.

Members directed that offers be contingent on inspection results and require Select Board approval under the Trust charter. Staff said inspections will be conducted prior to Select Board review so the Select Board receives inspection information; the acquisition contingency window was adjusted to permit Select Board executive session review and decision.

Trust staff noted that the Community Preservation Act (CPA) permits CPA-funded acquisitions and related transaction costs — including broker fees, legal fees, renovations and lottery costs — to be procured without standard M.G.L. c.30B procurement requirements. The guidance was discussed to clarify allowable uses of CPA funds in acquisitions.

The Trust addressed Open Meeting Law concerns raised by member Kay Bell about members conducting evaluation work or attending site visits. Staff summarized OML guidance: site visits may be informational and exempt from OML when no deliberation occurs; members may perform work on behalf of the committee provided any deliberation and decision-making occur in open session; and the Trust revised process language to avoid creating a standing evaluation subcommittee. The Trust agreed to notify all members of showings and limit site visits to no more than two Trust members, plus staff and the partner realtor; deliberation on properties will occur in public meeting or executive session as needed.

The Trust also voted to dissolve any working group that had been working on the Home Preservation Process. That motion passed by roll call vote.

Votes at a glance: - Adopt Home Preservation Process as amended; adopt Buyer Agency Agreement as amended; allocate up to $1,200 per inspection. Moved: Carmine Gentile. Second: Jack Ryan. Roll call: Carmine Gentile — Aye; Jack Ryan — Aye; Kay Bell — Aye; Gabe Ciccariello — Aye; Jessica Cerullo-Merrill — Aye; Janie Dretler — Aye; Cynthia Howe — Aye; Jeff Levine — Aye; John Riordan — Aye. Outcome: approved. - Authorize the chair to sign the Buyer Agency Agreement. Moved: Janie Dretler. Second: Gabe Ciccariello. Roll call: Jack Ryan — Aye; Kay Bell — Aye; Gabe Ciccariello — Aye; Jessica Cerullo-Merrill — Aye; Janie Dretler — Aye; Cynthia Howe — Aye; Jeff Levine — Aye; John Riordan — Aye. Outcome: approved. - Dissolve the working group on the Home Preservation Process. Moved: Carmine Gentile. Second: Kay Bell. Roll call: unanimous recorded 'Aye'. Outcome: approved.

What happens next: The Trust will finalize the Home Preservation Process documents with the language changes approved at the meeting, allow staff to proceed with procurement consistent with CPA allowances, and the chair is authorized to sign the Buyer Agency Agreement. Any property offers will proceed with the stated inspection contingencies and require Select Board approval before acquisition can close.