Occupancy By-law & Schedules

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By-law No. 15

Occupancy By-law

This By-law repeals and replaces Articles 14 and 15 of By-law No. 5, together with earlier versions of Forms 1, 2, and 3, By-law No. 6, and part of By-Law No. 9, which amended Article 15 of By Law No.5 and all of By-law No. 14.
By-law No. 15 was passed by the Board of Directors July 13, 1993.
By-law No. 15 was passed by the General Membership on August 17, 1993
By-law No. 15 was approved as amended as By-law No. 26 by the General Membership November 20, 2001.
By Law No. 15 was approved as amended as an unnumbered By-law by the General members on December 17, 2001.

This By-law contains the rules under which Windmill Line Co-operative Homes Incorporated (the co-op) provides housing for its members, and the rights and obligations of both the co-op and its members. The Co-operative Corporations Act (the Act) regulates how the co-op must be run. Certain parts of the Act contain rules which are not included in this By-law. Members should refer to them when questions come up.

ARTICLE 1:ABOUT THIS BY-LAW, SCHEDULES AND APPENDICES

1.1
Occupancy Agreement

(a)The Occupancy Agreement, Schedule A, is part of this By-law. Members must sign it when their membership in the co-op begins.

(b)Members who have signed occupancy agreements prior to the date that this By-law is confirmed by the Co-op Membership must sign a new Occupancy Agreement, Schedule A within 90 days from the date this By-law is so confirmed.

(c)The co-op and the members must obey this By-law and the Occupancy Agreement even if a particular member has not signed an Occupancy Agreement.

(d)Some by-laws and agreements, such as the Subsidy By-law and Performance Agreements, only apply to certain members. These members must obey them.

1.2
Priority of This By-law

(a)This By-law replaces or amends all previous by-laws or resolutions that deal with the occupancy rights and obligations of the co-op and its members. Any future by-law can only amend this By-law if the future by-law states that it is doing so. No one can commit to anything dealing with occupancy rights except where they are authorized under this By‑law. Any unauthorized commitment is not effective.

This By-law repeals and replaces Articles XIV and XV of By-law 5 (the General By-law), together with earlier versions of Forms 1, 2 and 3 which formed Schedules to that By-law, By-law 6 (the Participation By-law), the part of By-law 9 which amended Article XV of By-law 5, and all of By-law 14, which amended Article XV of By-law 5.

(b)If there is a conflict between documents, the following will govern in the order in which they appear:

  • first, the Act
  • second, the Articles of Incorporation
  • third, this By-law, and
  • fourth, the other by-laws of the co-op, unless the by-laws state differently.

ARTICLE 2:MEMBERS' RIGHTS

2.1|
Use of a Unit and the Co-op's Facilities

Members of the co-op have the right to:

  • live in their housing unit
  • use their parking space if any, and
  • use the co-op's common facilities.

Co-op by-laws and rules limit members' rights.

ARTICLE 3:MEMBERS' CONTRIBUTIONS

3.1
Housing Charges

(a)Each member of the co-op must pay housing charges. Housing charges are made up of:

  • the membership fee of $10.00 (once only)
  • monthly housing charges, less any subsidy
  • parking charges, if any
  • the member deposit, and
  • other charges that members must pay under any of the co-op's by-laws.

(b)Co-op members must decide what the monthly housing charges and parking charges will be at a general members' meeting.

(c)Members must pay their housing and parking charges before the close of business on the first day of each month.

(d)The housing charge does not include the following costs to a member:

· telephone for a unit

· charges for extra cable television for a unit

· insurance on the member's personal property, and

· the member's personal liability insurance.

If the co-op has to pay for any of these, the cost will be added to the member's housing charge.

3.2
Member Deposit

(a)Paying the Deposit

Members must pay a member deposit to the co-op. Members must pay this deposit before moving into their unit, unless the co-op allows them to pay it at another time.

(b)The Amount of the Member Deposit

If members do not receive a subsidy, they must pay a member deposit equal to the monthly housing charge plus 40%.

If members receive a subsidy, they must pay a member deposit equal to the net monthly housing charge (full monthly housing charge less their subsidy) and 40% of the full monthly housing charge.

The member deposit is rounded to the nearest dollar.

(c)Adjusting the Member Deposit

When there is a change in the monthly housing charge for all units, the co‑op adjusts the amount of the member deposit. The members' meeting discussing the budget can decide differently. If the member deposit increases, members must pay the extra amount on the date decided by the co-op. If it decreases, members will get a credit for the difference on future charges.

(d)Returning the Member Deposit

The co-op will return the member deposit when the member leaves the unit permanently. Before returning the deposit, the co-op can deduct any amount which the member owes because:

  • the member did not give enough notice
  • the unit was not left in the condition stated in 5.9 of this By-law
  • the member owes money to the co-op, or
  • the member did not pay the last month's housing charge.

(e)Interest on the Member Deposit

The co-op will not pay interest on the member deposit.

3.3
Other Charges

(a)A member is responsible for and must pay the co-op for any extra costs, charges or expenses caused by:

  • the member
  • any person who is a part of the member's household, or
  • any person that the member allows onto the co-op's property.

This applies even if no co-op by-law has been broken.

The co-op has the right to recover solicitor and client costs, as settled by the co-op (the actual legal fees and costs) of any legal action that the co-op takes to recover money owed to it or enforce its rights under the by-laws.

(b)Members must pay any interest at the rate of 2% above the prime rate of any credit union or bank designated by the board.

3.4
All Charges Are Housing Charges

Housing charges include all amounts that the co-op charges to members.

3.5
Responsibility for Charges

(a)Per-Unit Basis

The co-op calculates the monthly charge and the member deposit for each unit as a whole. If more than one member occupies a unit, they are each responsible for the full charges. This is so whether or not they are members of the same family or household.

If any person moves out of the unit, the remaining occupant(s) remain(s) responsible for all the charges which apply to that unit.

(b)Sharing Expenses

Persons who share a unit can arrange to share expenses, with the following conditions:

  • the sharing arrangement does not limit the co-op's rights
  • one of the members in the unit must collect the payments and make one single monthly payment to the co-op, and
  • they are each responsible for the full charges.

3.6
Subsidy

Rights to a subsidy are stated in the Subsidy By-law. The Subsidy Committee is authorized to determine who is entitled to subsidy and the amount of the subsidy. Members have the right to appeal to the board. The board will determine the procedures to follow. These procedures must be procedurally fair.

3.7
Participation

a.Members must participate in the formal activities of the co-op by attending all general membership meetings, unless they are unable to do so because of illness, emergency, or some other reason that is acceptable to the Board of Directors or to the general membership.

b.Members must spend at least four hours a month participating in some kind of co-op work or activity. This could include active involvement in a committee, participating in task oriented work parties, babysitting for members attending Co-op meetings, or organizing social or other activities within the Co-op.

ARTICLE 4:SETTING HOUSING CHARGES

4.1
The Members Set the Housing Charges

Monthly housing and parking charges can be set only by a majority vote of the members at a general meeting. Members do this annually or more often as needed. A budget must be presented to the members when they are asked to consider an increase in housing charges. 4.2 of this By-law, "Operating and Capital Budgets", shows how the co-op must present a budget to the members. Existing charges continue until the members approve a change. The members may approve changes that are different from those proposed in the budget.

4.2
Operating and Capital Budgets

(a)Preparing the Operating Budget

Each year, the board in consultation with the Finance committee will prepare a budget for the next fiscal year. The members will consider this proposed budget at a general meeting during which the budget is presented. 4.3 of this By-law shows how the co-op must give notice of this meeting. The budget must contain:

  • the total expected cost of operating the co-op
    • the charges proposed for each unit, and
    • the cost of any special expenses which the board suggests and the charges that would result.

(b)Capital Expenses

The board may prepare a capital budget if it is planning capital expenses. The capital budget must contain:

  • the proposed capital expenses
  • the proposed source of funds, and
  • the effect of the proposed expenses on the co-op's operating budget.

4.3
Notice of Proposed Budget

A general meeting can consider a proposed budget and proposed housing charges only if the notice of the general meeting contains mention of the budget. The notice must be given as the Act and by-laws require. A copy of the proposed budget and housing charges for each type of unit must be delivered to each unit at least ten days before the budget meeting.

4.4
Date of Change in Housing Charges

(a)Any change in housing charges will normally begin on the first day of the third month after the members decide on the change.

Notice of change in housing charges must be delivered to each unit within a reasonable time after the meeting.

(b)Members can decide by a two-thirds vote at the general meeting on a different date for the new charges to begin, including an earlier date.

4.5
Mid-year Change in Housing Charges

The board may feel that there should be a change in the total operating expenses and/or housing charges during a fiscal year. If so, the board must call a special members' meeting to consider the change. The board will prepare a budget or statement showing the reason for the change. 4.3 of this By-law shows how the co‑op must give notice of this meeting.

ARTICLE 5:USE AND BEHAVIOUR

5.1
Residences

Units can be used only as private residences for members, their households and other persons allowed by this By-law. This use can include incidental uses if all the other rules in this By-law are obeyed.

5.2
Nuisance

The co-op is a community which includes all the residents and employees. It also is part of the larger neighbourhood community. Members must not make or allow any noise, nuisance or any other act that unreasonably disturbs or interferes with any other member of these communities.

5.3
Illegal Acts

Within their unit, or on co-op property, members must not commit any illegal act or break any This includes breaking any municipal, provincial or federal law, or any by-law or regulation of any other authority such as the fire department.

5.4
Leases, Mortgages and Agreements

Members must not break any obligation that the co-op has to:

  • Canada Mortgage and Housing Corporation,
  • the Province of Ontario,
  • the co-op's mortgagee, and
  • the City of Toronto.

5.5
Insurance

Members must not break any obligation that the co-op has to its insurance companies. The use of a member's unit must not increase the co-op's insurance costs, or any other cost or liability of the Co-op.

5.6
Privacy

(a) Permission Needed

Members have the right to privacy. The co-op may not enter a unit without the member's permission unless an emergency happens or appears to be happening or proper notice has been given.

(b)Permission Not Needed

After giving a member 48 hours notice, someone appointed by the co-op can enter the member's unit, at any reasonable time, for:

  • maintenance inspections, regular or special
    • maintenance repairs or renovations, or
    • any other reason which the board decides.

After giving a member 24 hours notice, the co-op can enter the member's unit to show it to a prospective occupant at any reasonable time. The co‑op can do this if:

  • the member has given the co-op written notice of withdrawal from membership and occupancy, or
  • the co-op has given notice of a board decision to evict the member.

(c)Notice of Entry

Any entry notice can give a time range and not necessarily a specific time. The time range can be longer than one day and the notice can allow more than one entry into a member's unit.

5.7
Violence

The co-op is a community which includes all the residents and employees. Residents and employees must not commit violence, including domestic violence, against another person in the co-op. This violence can be real or threatened. The violence can be physical, psychological and/or sexual and includes child abuse. Co-op staff is authorized to call police and the Children's Aid Society in cases of alleged child abuse.

5.8
Maintenance and Repair

(a)Cleanliness

Members must keep their units reasonably clean. The units must meet the standards of cleanliness and maintenance set by health and other public authorities. Members who damage co-op property are responsible for its repair.

(b)Maintenance

Members must obey the Maintenance and Improvements By-law of the co‑op if it has one.

(c)Alterations and Improvements

Members cannot make alterations and improvements, or alter or change their locks, unless they obey the terms of the Maintenance and Improvements By-law. If there isn't one, members must get the board's permission.

(d)Changing Locks

Members must not change their locks without written permission from the co-op. They must give the co-op keys to new locks.

(e)Reporting Problems

Members must promptly report to the co-op any condition in their unit, the equipment in their unit, or their building, which may cause damage to their unit or their building.

(f)Neglect of Responsibilities

If members do not carry out any responsibilities connected with maintenance or repair in a reasonable time, the co-op can carry them out. Those members must pay the co-op for its out-of-pocket expenses and for the reasonable value of any employee time involved.

(g)The Responsibility of the Co-op

The co-op must keep all units, co-op property, and all services and facilities of the co-op in a good state of repair and fit for habitation. It must make sure that it meets all the legal standards of health, safety, maintenance and occupancy.

(h)Appliances

The co-op must provide each unit with a stove and refrigerator in normal working order. Members must keep the appliances reasonably clean.

(i)Moving Out of the Unit

When members move out of their unit, they must leave it clean and in good order. The Maintenance and Improvements By-law describes the condition they must leave their unit in.

5.9
Acts of Others

Members are responsible for any act or failure to act of their household, pets, guests or sub-occupants. This includes any person or animal they, or their household, guests or sub-occupants, invite or allow onto co-op property. Members may be evicted as a result of any such act or failure to act. Members will have to pay for any damages.

ARTICLE 6:OCCUPANCY RIGHTS AND STANDARDS

6.1
Purpose of This Article

This Article deals with members already living in the co-op. It covers when they no longer have the right to occupy their present unit because of changes in household size. It does not cover when new members, or members who want to relocate to other units, will get a unit. The Member Selection and Unit Allocation By-law deals with those matters.

6.2
Change in Household Size

(a)The number of persons in a member's household may change. The member must give prompt written notice of the change to the co-op office. If the household size has decreased, the notice must give the names of the persons who no longer live in the unit.

Members must agree to a credit check of any new person in their household. The new person must sign a consent if the co-op asks for it. Members must also give the co-op any other reasonable information which the co-op asks for. Members must give the notice, consent and other information promptly.

(b)The maximum number who can live in each unit type is:

  • one-bedroom 3 persons
  • two-bedroom 5 persons
  • three-bedroom 7 persons

These are the "Maximum Occupancy Standards".

(c)The minimum number of persons who can live in each of the co-op's unit types is:

  • one-bedroom1 person
  • two-bedroom1 person
  • three-bedroom2 persons

These are the "Minimum Occupancy Standards".

(d)If a member's household does not meet these standards, the board will normally require the household to move to a unit of the proper size. If the co-op has an existing unit of the proper size, the board will put the member at the top of the internal waiting list for that type of unit. The member must accept the first unit offered.

However, the board can decide not to require the household to move if:

  • the situation is temporary, or
  • the board decides that there are special circumstances that justify letting the household stay in the unit.

(e)If the board is going to consider a resolution to require the member to move, it must give the member ten days or more written notice of the meeting.

(f) The member can attend and speak at the board meeting, or have a representative speak. The representative can be a lawyer or another person. The board must deliver its decision in writing to the member. The member cannot appeal the board's decision.

(g)The board can evict the member if:

  • the member does not accept the first unit offered, or
  • the board decides not to put the member on the internal waiting list because there are no units of a suitable size.

The board must use the procedures stated in Article 9 of this By-law.

However, the board can decide not to evict the member if:

  • the situation is temporary, or
  • the board decides that there are special circumstances that justify letting the household remain in the unit.

(h) If the board decides to evict the member, the date must be at least ninety days after the board meeting that required the member to move. If the member was not put on the internal waiting list, the date must be at least ninety days after the board meeting that decided to evict the member. The board must use the procedures stated in Article 9 of this By-law.

6.3
Able to Live Independently

The Co-op does not provide care.

6.4
Sale
of a Part of the Co-op

The board can decide to sell all or part of the co-op's housing units if the members pass a special resolution giving it the power to do so. The resolution should deal with the occupancy rights of the members living in these housing units. It can deal with the position of these members on the internal waiting list.

6.5
Government Take-over of Co-op Ownership and End of Co-op's Lease

(a)When a government body takes over ownership of the co-op by expropriation, members' occupancy rights against the co-op end on the date the take-over is final.

(b)Members cannot profit from the take-over. This does not include any compensation from a government body for disturbance or moving expenses. Members must pay any other compensation to the co-op. The co-op has the right to take any necessary action to obtain that compensation. This includes the right to sue or make any other claim in the name of the member.

6.6
Damage by Fire, etc.

(a)If there is major damage affecting a largenumber of units, the board will examine the situation and propose a solution. The membership will make the final decision in a members' meeting.

(b)If only one or a small number of units are damaged, the board will consult with the members living in the units to deal with the situation. If the members do not agree with the proposed solution, the membership will make the final decisions in a members' meeting. These decisions will have priority over the Unit Allocation By-law (for example, in questions about priority on a waiting list).

The board and members will consider questions such as the following:

  • Should the unit be repaired?
  • How quickly?
  • When will the member be required to move out?
  • When will the member be entitled to move back?
  • Will there be any charges to the member during the period?
  • Are there any available units that the member can occupy until their unit is repaired? Should there be any priority on the co-op's internal or external waiting list?

(c)The co-op does not have to provide a housing unit, or pay for increased housing charges, or rent to an outside landlord, or any other costs, because of damage.

ARTICLE 7:OCCUPANCY BY MEMBERS

7.1
Policy

(a)In the co-op's by-laws, household means:

  • a member
  • any other members living in the unit
  • persons under sixteen living in the unit
  • persons who have turned sixteen and continue to live in the unit, and
  • any long-term guests approved by the board under 7.5 of this By-law.

The co-op does not consider anyone else as part of a member's household. Other persons can live in a member's unit only as casual guests, or as sub-occupants if permitted by this By-law. Members must not allow anyone other than the persons referred to above to use their unit.

(b)This By-law applies to a member unit. The co-op does not have to follow the procedures in this By-law when dealing with non-member units or non-residential spaces, if any. Any leases, agreements or applicable laws govern the co-op's relations with them. Parts of this By-law apply to non-members living in a member unit.

(c)Occupants of a member unit who are not members have:

  • no greater right to occupy the unit than the members who occupy it, or any right to occupy it independent of the members
  • no right to occupy any other unit in the co-op, and
  • no right to a place on the co-op's internal waiting list.

7.2
Additions to Household

Members may wish to add to their household someone over sixteen years of age who is not a member. That person must apply for membership in the co‑op or for board approval as a long-term guest. That person can occupy the unit as a casual guest while waiting for the board to decide. If the board refuses to approve the application for membership, that person can occupy the unit only as a casual or long-term guest if permitted under 7.4 or 7.5 of this By-law.

7.3
Persons Sixteen Years of Age

If a person who is part of a member's household turns sixteen, that person must apply for membership in the co-op. If they fail to apply for membership, then they will be considered long-term guests and the board may cancel or change their long-term guest status at any time, as stated in 7.5.

7.4
Casual Guests

(a)Members can have only a reasonable number of guests at any one time.

b)Members must have the board's permission to allow a guest to spend a total of more than ninety days in a unit for any number of visits during any one hundred eighty day period. The board can choose the one hundred eighty day period.

(c)The board normally allows a single visit to last for a period of up to ninety days in any one hundred eighty day period. When the board gives permission for any visit it:

  • sets the time limit for the visit, and
  • can decide to include the income of the casual guest when calculating household income for a housing charge subsidy.

7.5
Long-term Guests

(a)The board can allow members to have a guest for an indefinite period. These guests are long-term guests in this By‑law. Examples include:

family members who are part of a member's household

  • live-in employees
  • additions to the household who have been refused membership, and
  • others whom the member invites.

(b)Members and their guests must sign a long-term guest agreement, such as Schedule B of this By-law.

(c)The board can cancel long-term guest status or change the terms of the long-term guest status at any time. The board must give written notice to the member and the guest of any meeting where it will be discussed. The board must give written notice to the member and the guest that it has ended long-term guest status after it has decided to do so. The board decides when the long-term guest status ends. There is no right of appeal.

(d)Normally, the income of long-term guests is to be included in the household income when housing charge subsidy is calculated.

7.6
Principal Residence

All members must use their co-op units as their principal residence and personally occupy them. Members may not be absent from their unit for a total of more than one year in any five-year period without the permission of the board. The unit must remain their principal residence while they are absent. The board can choose the five-year period. Members will be considered absent from their units even if they visit them for short periods.

7.7
No Transfer of Occupancy Rights

Members cannot transfer their occupancy rights to anyone else.

7.8
Sub-Occupancy

(a)The member may not assign or sub-let without the recommendation of the member selection committee and leave of the board, and the board may unreasonably withhold such leave. In the event that the board approves a sub-let, the members and all sub-occupants must sign a Sub-Occupancy Agreement approved by the board, such as Schedule C of this By-law, before the sub-occupancy begins.

(b)Normally a sub-occupancy can only last six months. However, the board can allow a longer term but not longer than twelve months.

(c)If a sub-occupant breaks the Sub-Occupancy Agreement or any of the by-laws of the co-op, then the co-op may either,

i. end the membership and occupancy rights of the member, in which case the sub-occupant is required to leave the unit and return possession to the co-op; or

ii.end the sub-occupancy agreement, in which case the sub-occupant is required to leave the unit and return possession to the member.

7.9
No Profit

(a)Members must not profit, directly or indirectly, from sharing expenses with anyone using their unit.

(b)Members must not profit when they give up occupancy rights, or allow others to use their unit. Members must pay any profit to the co-op.

(c)The co-op can ask members to prove that they are not profiting from any arrangement with guests or sub-occupants of their unit. If asked, members must give complete details of any arrangement. This request can include sworn statements about the arrangement from everyone involved.

(d)Some examples of profit are key money, and placing too great a value on the furnishings of a unit. Profit does not include guests or sub-occupants paying their fair share of the housing charges. Profit does not include paying a reasonable charge for meals, cleaning etc. (if it is not a hidden profit on the housing charges).

7.10
Co-op Employees

(a)A permanent employee of the co-op cannot be a member of the co-op. If the board decides that the employee's duties make it necessary to live in the co-op, the employee will be a tenant of the co-op. Part IV of the Landlord and Tenant Act applies to this tenancy.

(b)The board must make sure that there is a written agreement with the employee stating that the employee's tenancy ends at the same time that the employment ends.

7.11
Persons in Units that Become Part of the Co-op

(a)Persons who occupy units which become part of the co-op can apply for membership if they have not already done so. If they do not apply, or are not accepted, they will be tenants of the co-op.

(b) The Act designates units which become part of the co-op as non-member units. If all of the occupants that are sixteen or older give written consent, the board, or a committee of at least two directors selected by the board, can end the designation as a non-member unit. Even if the occupants become members, they will still have to give written consent.

(c) If a co-op housing unit was occupied on August 24, 1992, (the day that the Co-operative Corporations Statute Law Amendment Act became law), but none of the occupants was a member, the Act designates this unit as a non-member unit. If all of the occupants that are sixteen or older give written consent, the board, or a committee of at least two directors selected by the board, can end the designation as a non-member unit. Even if the occupants become members, they will still have to give written consent.

7.12
Death of a Member

(a)If a member dies and no other members occupy the unit, the member's estate will be responsible for housing charges until the end of the second month after the death. The estate must remove all of the member's possessions by the end of the second month after the death.

(b)Non-members living in the unit after a member's death or persons who are or who, as a result of the death of the members, become the legal guardians of minor children of the deceased members can apply for membership. If they are accepted, the board can allocate the unit to them without following the Member Selection and Unit Allocation By-law. If they do not apply for membership or their application is rejected, the board can evict them without using the procedures in Article 9.

ARTICLE 8:MEMBERS WHO END THEIR OCCUPANCY

8.1
Procedures

(a)If members want to end their occupancy in the co-op, they must give at least two calendar months plus five days' written notice. The notice period must end on the last day of the month. The members' right to occupy their unit ends at the end of the notice period. Members cannot withdraw a notice without the board's consent. The board can refuse to allow members to withdraw the notice. Members cannot appeal the board's decision.

(b)Members have full rights and obligations during the notice period. If members move out of their unit, they are still responsible for any outstanding obligations until the end of the notice period.

(c)If the co-op needs to get possession of a unit of a member who has given notice, the board can follow the procedures stated in 171.14 of the Act or take any other action. It can do this before or after the day on which the member should leave. In this case, the board does not have to follow the procedures in Article 9 of this By‑law.

8.2
Withdrawal from Membership

A notice to end occupancy will also be considered a notice of withdrawal from membership. Any withdrawal from membership without ending occupancy will not be valid.

8.3
Vacant Unit

If a unit is vacant, the co-op can take possession. The member's occupancy rights end on the day that the co-op takes possession. It will be considered that the member has withdrawn from membership at the same time.

8.4
Members No Longer Living in the Co-op

This section applies when a member ceases to live in the co-op as a principal residence, but other members of the co-op remain in the unit. It will be considered that the member has given notice to withdraw from membership on the first day the member no longer lives in the unit. The member's occupancy rights also end on that day.

ARTICLE 9:THE CO-OP EVICTS A MEMBER

9.1
Terms Used in This By-law

The Act uses the terms "terminating membership and occupancy rights" when referring to members, and "terminating occupancy rights" when referring to non-members. In this By-law these acts of the co-op are referred to as "evict the member" or "eviction". A copy of the rules in the Act that apply to ending the membership and occupancy rights of a member are contained in Schedule I.

9.2
When the Co-op Can Evict a Member

(a)The board can evict a member if the member:

i.owes housing charges to the co-op at the time of the board meeting

ii.has been repeatedly late in paying housing charges

iii.has broken the by-laws or the policies or any occupancy agreement or other agreement with the Co-op in a way the board considers serious, or

iv.has repeatedly broken the by-laws or the policies or any occupancy agreement or other agreement with the Co-op in a way the board considers serious, even if the member has corrected the situation when given notice.

The board can also evict a member if someone the member is responsible for, under the by-laws, has done any of the above.

(b)The board can evict a member under 6.2, a resolution referred to in 6.4 and a decision on membership referred to in 6.6 of this By-law.

9.3
How the Co-op Can Evict a Member

(a)The board must pass a resolution by majority vote to evict a member.

The board can base its resolution on the model in Schedule E (Eviction Decision) of this By‑law.

(b)Before passing a resolution to end membership and occupancy rights, the board must give written notice in the form of Schedule D (Notice to Appear) of this By-law to the member of a meeting held to consider the eviction of the member. This notice must be given to the member at least ten days before the meeting.

The notice must be signed by a director or the General Manager.

(c)The notice must state:

i.the time and place of the board meeting. It may also state a time when the board will discuss the member's membership and occupancy rights during that meeting.

ii.the reasons for the proposed eviction

iii.the member's unit

iv.the proposed eviction date, and

v.the fact that the member need not vacate the unit, but that the co-op may obtain a writ of possession after it ends the member's membership and occupancy rights.

(d)The board can choose a later date to continue the discussion about eviction. If the meeting is continued at another time, the board does not have to give notice of the continued meeting as long as the time and place is announced at the original meeting.

(e)The notice must state the proposed eviction date. The figure to be inserted in the notice will be the following number of days after the board meeting:

i.ten days if the member owes charges to the co-op

ii.ninety days if the member's household size breaks the co-op's occupancy standards.

iii.thirty days for all other reasons. The Board can decide that the eviction will be later than the date given in the notice.

(f)The notice must state that the member has the right to attend and speak or present written material at the meeting, or have a representative speak. The representative can be a lawyer or any other person. It must also state that the member has the right to appeal the board's decision to the members.

The notice must contain the information in the model notice in Schedule D (Notice to Appear) of this By-law.

(g)If the board decides to evict a member, it must give the member a written eviction notice. The notice must be delivered within five days of the meeting. The notice must be signed by the Corporate Secretary and a director, or by any two directors.

The decision may be in the form attached as Schedule E (Eviction Decision) of this By-law.

The eviction notice may be in the form attached as Schedule F (Notice of Board of Directors Eviction Decision) of this By-law.

9.4
Right of Appeal

(a)A member can appeal the board's decision. The decision is not effective until the appeal is decided or dropped.

(b)A member who wants to appeal must give a notice of appeal to the co-op office within seven days of the date on which the eviction notice was given.

(c)When the co-op receives a member's notice of appeal the co-op must:

i.call a meeting of the members, giving proper notice, or

ii.put the matter on the agenda for another members' meeting.

However, there must be at least fourteen days between the time the notice of appeal is received and the members' meeting to discuss the appeal.

(d)Everyone who receives notice of the members' meeting should also receive copies of any written statements that the member included with the notice of appeal. This right is limited by the Act.

(e)The member appealing the decision has the right to attend and may either speak at the meeting, or have a representative speak. The representative can be a lawyer or any other person.

(f)The meeting can confirm the board's decision, or replace it with any other decision which the board could have made.

(g)The board's decision is confirmed if:

i.the meeting does not pass a resolution to change the decision, or

ii.a quorum is not present at the meeting or at the time of the vote.

(h)If the appeal is unsuccessful, the member will be evicted five days after the meeting, or on the date stated in the notice to vacate, whichever is later. However, the members' meeting can set a later date for eviction.

9.5
Legal Action

(a)The board can decide to take legal action as a result of decisions under previous sections.

The board does not have to wait until the eviction date to start legal action.

(b)The board can choose someone to deal with legal actions for the co‑op. It can do this either by making it part of that person's job description or by a resolution. This person can:

i.give all necessary instructions to the co-op's lawyers, and

ii.make a settlement or other agreement after consulting with the co‑op's lawyers.

For example, there could be a performance agreement or similar agreement worked out. The board can limit the person's authority by a board resolution.

9.6
Performance Agreements

(a)The co-op can sign a performance agreement with the member. When a member and the co-op sign a performance agreement, any outstanding eviction decision is cancelled unless the performance agreement suspends the decision instead. If the decision is suspended, the performance agreement will set out how and when the co-op may act on the decision. This will include:

  • what the member must do to break the agreement before the co-op can act on the eviction decision
  • what the co-op must do before it can act on the eviction decision, including what notice must be given to the member.

(b)The performance agreement may state how the member will:

i.carry out obligations in the future

ii.correct any past problem

iii.compensate the co-op for any losses, and

iv.set out what the co-op may do if the member breaks the agreement, including acting on any eviction decision that has been suspended.

The board must authorize every performance agreement except under 9.5 (b). It can authorize an employee, director or committee, formal or informal, to decide on the details of the agreement and sign it.

(c)The board can use the Performance Agreements in Schedules G and H of this By-law.

(d)If the member breaks the performance agreement, the co-op can act on any suspended eviction decision if it follows the requirements of the performance agreement. If there is no suspended decision, then the board must start the procedure to evict the member over again. In that case, breaking the performance agreement does not itself give the co-op the right to evict the member. However, any statements in the agreement, and the fact that the member broke the agreement, may be taken into consideration by the board, the members or a judge.

(e)When signing a performance agreement, the board can decide that a resolution of eviction will not be effective if the member:

i.pays the amounts owed, or

ii.carries out any acts that the board states in the resolution

within the time period stated in the resolution.

9.7
Non-Members in a Member Unit

In dealing with non-members who are occupying a member unit, the co-op may take any procedure permitted by law as long as it does not break this By-law.

ARTICLE 10: MISCELLANEOUS

10.1
Personal Information of a Member

(a)If members appeal a board decision, or bring up a discussion at a members' meeting involving personal information about themselves, the board can disclose other relevant personal information about the members.

(b)If members appeal a board decision about another member, or bring up a discussion at a members' meeting involving personal information about another member, they must get the other member's written approval first. Then the board can allow members to discuss that personal information about the other person concerned and the board can disclose relevant personal information about the member concerned. If that person does not give approval, the discussion is out of order.

10.2
References to Other By-laws

Some terms in this By-law contain references to other by-laws of the co‑op. If those other by-laws have not been passed by the co-op, the board will decide any matters which would have been included in any by-law.

10.3
Serving Documents

When the co-op serves documents to members in connection with an eviction, it must follow this procedure:

  • a separate notice will be given to each member being evicted, and to any member who has left the unit
  • if a member is absent or evading notice, the notice can be given by :
    • handing it to any apparently adult person at the unit,
    • posting it in a conspicuous place on some part of the unit (for example, taping it to the door), or
    • sending it by registered mail to the person at the unit.

10.4
Errors or Omissions in Procedures or Notices

A minor error or omission in any action taken or notice given will not affect any decision made by the board and/or members. A member can accept any minor defect in the co-op's procedures. The member can do this in writing, orally or by not objecting at the appropriate time.

Download Occupancy By-law schedules (forms) here (PDF only)