By-laws: The Bylaws state that Interment Rights (Lots/Plots):
- have a specific location determined at time of purchase,
- may be returned under certain conditions and
- may be sold on the open market.
Although the Bylaws are silent on the question of change of location, it is implicit that only the rights to a specific designated location is purchased for the benefit of an Interment Rights holder.
The purpose of this interpretation is to permit Jewish Memorial Gardens, at its sole discretion, to change the designation of the specific location from that which had been determined at time of purchase. If JMG determines that a designation change is appropriate, the change will be deemed to be an exchange – not a return. The new location(s) will be determined by Jewish Memorial Gardens in concert with the synagogue having halakhic control over the area.
The exchange is between a purchased lot/plot and a currently not yet sold lot/plot. It is not intended to serve the exchange of lots plots among Interment Rights Holders.
Each case will be dealt with individually to ensure that a request is valid within the purpose of this interpretation. Valid requests will be dealt with as follows:
The request may only be made by the person or persons with registered as having the Interment Rights.
The designated exchange locations must stay within the same section in which the current Rights are located. The existing Interment Rights will be received in exchange for replacement Interment rights that better serve the needs of the rights holders. The exact locations will be decided by Jewish Memorial Gardens and in a manner that respects all of the halakhic requirements of the Cemetery section.
The Interment Rights holders will pay the Administration Charge for each new Rights certificate that is issued. Example 1: when a plot is exchanged for two lots, there will be two Administration Charges. Example 2: when a plot is exchanged for a plot in a different location such that an adjacent Lot may be purchased, there will be one Administration Charge for the Plot exchange. As is normally the case, there is no separate Administration Charge for an additional lot purchased adjacent to the Plot.
