Occupancy By-Law (By-Law No. 17)
Article 1: About this By-Law
1.1 Introduction
This By-law states the basic rules for the co-op to provide housing for its members and the basic rights and obligations of the co-op and the members.
1.2 Priority of this By-law
(a) Conflict with other by-laws
This By-law governs over other co-op by-laws if there is a conflict. By-laws passed after this By-law can amend or add to this By-law, but they have to specifically state this.
(b) References to other by-law
Some parts of this By-law refer to other co-op by-laws. If the co-op does not have the by-law referred to, the board of directors will decide on anything which would have been in the by-law. This does not apply if the co-op has the by-law, but just uses a different name for it.
(c) No unauthorized commitments
No one can commit to anything dealing with occupancy rights on behalf of the co-op unless authorized under this By-law. Any unauthorized commitment is not effective.
1.3 Repeals
(a) By-laws
The following bylaws, or parts of by-laws, are repealed when this by-law becomes effective:
A. The Occupancy By-law (By-law No.3 & 4)
B. The Arrears By-Law & Policy.
1.4 Laws about Occupancy
(a) Main laws
In addition to this By-law certain laws affect occupancy at the co-op. These include the following laws in addition to other government requirements.
(A). The Co-operative Corporations Act governs the co-op. Parts of the Co-operative Corporations Act has important rules about occupancy that are not in this By-law.
(B). The Residential Tenancies Act has rules about co-op evictions that are not in this By-law.
(C). The Ontario Human Rights Code has important rules about housing that affect the co-op.
(D). If the co-op received funding under an Ontario government program, it may have to follow rules about occupancy under the Housing Services Act. The co-op’s service manager may also have rules about occupancy.
(b) Changing by-laws
If any part of this By-law breaks any laws, the board of directors will pass by-law amendments to correct the situation and submit them to the membership for approval. This could happen if there are changes in the laws or new interpretations.
1.5 Occupancy Agreement
(a) Standard form
The Occupancy Agreement, Schedule A, is part of this By-law. All members must sign it when their membership in the co-op begins. The Occupancy Agreement includes Appendixes that have to be signed at the same time or later.
• Appendix A: Member Charges. This applies at the time of signing the Occupancy Agreement. It does not have to be updated each year when charges change.
• Appendix B: Household Members. This applies at the time of signing the Occupancy Agreement. If there are changes, the member has to notify the co-op as stated in section 9.5 (Reporting Change in Household Size). A new Appendix B should be signed.
• Appendix C: Housing Charge Subsidy Terms. This has to be signed at the same time as the member signs the Occupancy Agreement if the member will receive housing charge subsidy. If the member gets housing charge subsidy at a later time, Appendix C has to be signed before the housing charge subsidy starts. Up-to-date Appendixes A and B have to be signed at the same time.
• Appendix D: Special Needs Unit Terms. This has to be signed at the same time as the member signs the Occupancy Agreement if the member will occupy a special needs unit. If the member gets a special needs unit at a later time, Appendix D has to be signed then.
(b) Who signs
The Occupancy Agreement must be signed by all co-op members who will occupy the unit.
The Appendixes must be signed by all members and any non-member occupants 16 years old or older.
(c) Government requirements
To meet government requirements, the Appendixes to the Occupancy Agreement can be changed by the board of directors without amending this By-law.
(d) Occupancy Agreement applies
The co-op and the members must obey this By-law, including the Occupancy Agreement and Appendixes, even if a particular member has not signed an Occupancy Agreement or Appendix or has signed an older version of the Occupancy Agreement or Appendix.
(e) Special requirements
Some by-laws and agreements only apply to certain members. Both the co-op and those members must obey them. Examples are performance agreements and by-laws dealing with housing charge subsidy.
1.6 Special Meanings
(a) Co-op office
If the co-op does not have an office, the board of directors should designate a place or person that members can use to give things to the co-op or get them from the co-op and make sure all members know about it. If the board does not do this, the person will be the president. When this By-law talks about the “co-op office”, members can use that place or go to that person if the co-op doesn’t have an office.
(b) Eviction
The Co-operative Corporations Act and the Residential Tenancies Act use words like “terminating membership and occupancy rights” or “terminating occupancy rights.” In this By-law these are also referred to using words like “evicting the member” or “eviction.”
(c) Government requirements
“Government requirements” means the laws, regulations or agreements with government bodies that apply to co-ops. This includes the ones stated in section 1.4 (Laws about Occupancy).
(d) Housing charge payment day
The housing charge payment day is the day of the month when payment of housing charges is due for that month or the following month. The board of directors can set a day based on when the office is open or other factors. If the board doesn’t do this, the housing charge payment day will be the first day of a month that is not a Saturday, Sunday or public holiday. (e) Housing charge subsidy
“Housing charge subsidy” means geared-to-income subsidy or any other subsidy or reduction in housing charges that is provided by the co-op.
(f) Housing charges
In this By-law “housing charges” means all charges that the co-op makes to members or that members owe the co-op.
• “Full monthly housing charges” means the monthly housing charges for a unit before deducting or crediting any housing charge subsidy.
• “Subsidized monthly housing charges” means the regular monthly housing charges after deducting or crediting any housing charge subsidy that a household receives.
• “Regular monthly housing charges” means the full monthly housing charges, after deducting or crediting any housing charge subsidy, plus any parking or other monthly charges.
• “Other housing charges” means non-monthly amounts that a member has to pay under the co-op by-laws. Examples are late payment and NSF charges.
(g) Legal action
A “legal action” under this By-law includes an application to the Landlord and Tenant Board or to the courts.
(h) Manager
In this By-law the co-op “manager” refers to the senior staff person. That person could have a different job title. Also, in some cases the board of directors or manager may authorize other staff members to perform some of the manager’s duties mentioned in this By-law.
(i) Performance agreement
A “performance agreement” includes an arrears payment agreement.
(j) Staff
“Staff” refers to employees of the co-op and to property management companies and other contractors and their employees.
(k) Year
When this By-law refers to a “year”, it means a consecutive twelve-month period. This is not necessarily a calendar year. The board of directors decides what twelve- month period to use in each case.
1.7 Summary of Time Requirements
Attachment A at the end of this By-law is a summary of the time requirements for some actions by the co-op as required under this By-law and the Co-operative Corporations Act. In case of conflict the Co-operative Corporations Act and the By-law will govern over Attachment A.
Occupancy By-law Second Edition – ©2016 Co-operative Housing Federation of Canada & Co-operative Housing Federation of Toronto
This By-law states the basic rules for the co-op to provide housing for its members and the basic rights and obligations of the co-op and the members.
1.2 Priority of this By-law
(a) Conflict with other by-laws
This By-law governs over other co-op by-laws if there is a conflict. By-laws passed after this By-law can amend or add to this By-law, but they have to specifically state this.
(b) References to other by-law
Some parts of this By-law refer to other co-op by-laws. If the co-op does not have the by-law referred to, the board of directors will decide on anything which would have been in the by-law. This does not apply if the co-op has the by-law, but just uses a different name for it.
(c) No unauthorized commitments
No one can commit to anything dealing with occupancy rights on behalf of the co-op unless authorized under this By-law. Any unauthorized commitment is not effective.
1.3 Repeals
(a) By-laws
The following bylaws, or parts of by-laws, are repealed when this by-law becomes effective:
A. The Occupancy By-law (By-law No.3 & 4)
B. The Arrears By-Law & Policy.
1.4 Laws about Occupancy
(a) Main laws
In addition to this By-law certain laws affect occupancy at the co-op. These include the following laws in addition to other government requirements.
(A). The Co-operative Corporations Act governs the co-op. Parts of the Co-operative Corporations Act has important rules about occupancy that are not in this By-law.
(B). The Residential Tenancies Act has rules about co-op evictions that are not in this By-law.
(C). The Ontario Human Rights Code has important rules about housing that affect the co-op.
(D). If the co-op received funding under an Ontario government program, it may have to follow rules about occupancy under the Housing Services Act. The co-op’s service manager may also have rules about occupancy.
(b) Changing by-laws
If any part of this By-law breaks any laws, the board of directors will pass by-law amendments to correct the situation and submit them to the membership for approval. This could happen if there are changes in the laws or new interpretations.
1.5 Occupancy Agreement
(a) Standard form
The Occupancy Agreement, Schedule A, is part of this By-law. All members must sign it when their membership in the co-op begins. The Occupancy Agreement includes Appendixes that have to be signed at the same time or later.
• Appendix A: Member Charges. This applies at the time of signing the Occupancy Agreement. It does not have to be updated each year when charges change.
• Appendix B: Household Members. This applies at the time of signing the Occupancy Agreement. If there are changes, the member has to notify the co-op as stated in section 9.5 (Reporting Change in Household Size). A new Appendix B should be signed.
• Appendix C: Housing Charge Subsidy Terms. This has to be signed at the same time as the member signs the Occupancy Agreement if the member will receive housing charge subsidy. If the member gets housing charge subsidy at a later time, Appendix C has to be signed before the housing charge subsidy starts. Up-to-date Appendixes A and B have to be signed at the same time.
• Appendix D: Special Needs Unit Terms. This has to be signed at the same time as the member signs the Occupancy Agreement if the member will occupy a special needs unit. If the member gets a special needs unit at a later time, Appendix D has to be signed then.
(b) Who signs
The Occupancy Agreement must be signed by all co-op members who will occupy the unit.
The Appendixes must be signed by all members and any non-member occupants 16 years old or older.
(c) Government requirements
To meet government requirements, the Appendixes to the Occupancy Agreement can be changed by the board of directors without amending this By-law.
(d) Occupancy Agreement applies
The co-op and the members must obey this By-law, including the Occupancy Agreement and Appendixes, even if a particular member has not signed an Occupancy Agreement or Appendix or has signed an older version of the Occupancy Agreement or Appendix.
(e) Special requirements
Some by-laws and agreements only apply to certain members. Both the co-op and those members must obey them. Examples are performance agreements and by-laws dealing with housing charge subsidy.
1.6 Special Meanings
(a) Co-op office
If the co-op does not have an office, the board of directors should designate a place or person that members can use to give things to the co-op or get them from the co-op and make sure all members know about it. If the board does not do this, the person will be the president. When this By-law talks about the “co-op office”, members can use that place or go to that person if the co-op doesn’t have an office.
(b) Eviction
The Co-operative Corporations Act and the Residential Tenancies Act use words like “terminating membership and occupancy rights” or “terminating occupancy rights.” In this By-law these are also referred to using words like “evicting the member” or “eviction.”
(c) Government requirements
“Government requirements” means the laws, regulations or agreements with government bodies that apply to co-ops. This includes the ones stated in section 1.4 (Laws about Occupancy).
(d) Housing charge payment day
The housing charge payment day is the day of the month when payment of housing charges is due for that month or the following month. The board of directors can set a day based on when the office is open or other factors. If the board doesn’t do this, the housing charge payment day will be the first day of a month that is not a Saturday, Sunday or public holiday. (e) Housing charge subsidy
“Housing charge subsidy” means geared-to-income subsidy or any other subsidy or reduction in housing charges that is provided by the co-op.
(f) Housing charges
In this By-law “housing charges” means all charges that the co-op makes to members or that members owe the co-op.
• “Full monthly housing charges” means the monthly housing charges for a unit before deducting or crediting any housing charge subsidy.
• “Subsidized monthly housing charges” means the regular monthly housing charges after deducting or crediting any housing charge subsidy that a household receives.
• “Regular monthly housing charges” means the full monthly housing charges, after deducting or crediting any housing charge subsidy, plus any parking or other monthly charges.
• “Other housing charges” means non-monthly amounts that a member has to pay under the co-op by-laws. Examples are late payment and NSF charges.
(g) Legal action
A “legal action” under this By-law includes an application to the Landlord and Tenant Board or to the courts.
(h) Manager
In this By-law the co-op “manager” refers to the senior staff person. That person could have a different job title. Also, in some cases the board of directors or manager may authorize other staff members to perform some of the manager’s duties mentioned in this By-law.
(i) Performance agreement
A “performance agreement” includes an arrears payment agreement.
(j) Staff
“Staff” refers to employees of the co-op and to property management companies and other contractors and their employees.
(k) Year
When this By-law refers to a “year”, it means a consecutive twelve-month period. This is not necessarily a calendar year. The board of directors decides what twelve- month period to use in each case.
1.7 Summary of Time Requirements
Attachment A at the end of this By-law is a summary of the time requirements for some actions by the co-op as required under this By-law and the Co-operative Corporations Act. In case of conflict the Co-operative Corporations Act and the By-law will govern over Attachment A.
Occupancy By-law Second Edition – ©2016 Co-operative Housing Federation of Canada & Co-operative Housing Federation of Toronto
Article 2: Members' Rights
2.1 Use of a Unit and the Co-op’s Facilities
The co-op gives members the right to:
• live in their housing unit
• use their parking space if any,
• use the co-op’s common facilities, and
• be involved in the governance of the co-op.
Members have to follow co-op by-laws in using these rights.
Occupancy By-law Second Edition – ©2016 Co-operative Housing Federation of Canada & Co-operative Housing Federation of Toronto 6
The co-op gives members the right to:
• live in their housing unit
• use their parking space if any,
• use the co-op’s common facilities, and
• be involved in the governance of the co-op.
Members have to follow co-op by-laws in using these rights.
Occupancy By-law Second Edition – ©2016 Co-operative Housing Federation of Canada & Co-operative Housing Federation of Toronto 6
Article 3: Members' Contributions
3.1 Housing Charges
(a) Monthly housing charges
Each member must pay regular monthly housing charges to the co-op. Regular monthly housing charges are made up of:
• the full monthly housing charges for the member’s unit, less any housing charge subsidy
• cable charges
• parking charges, if applicable
• other monthly charges that members must pay under any of the co-op by-laws.
(b) Other housing charges
Each member must pay additional housing charges, if applicable. These include:
• the lifetime membership fee of $20 plus $10 per member to a maximum of $30 (once only)
• late payment charges
• bank or financial institution charge for NSF cheques or failed payments
• NSF administration or failed payment charges
• all other amounts that a member has to pay under this By-law or any of the co- op’s by-laws.
(c) Not included in housing charges
Housing charges do not include the following costs to a member:
• electricity for a unit
• gas for a unit
• telephone for a unit
• internet for a unit
• insurance on the member’s personal property
• 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 charges.
(d) Adjusting items in housing charges
The items that are included in housing charges or not included in housing charges can be changed by a vote of the members at a general meeting. There should normally be a separate motion approving the change even though it is also stated in the budget materials.
3.2 Member Involvement
Members age 18 and over must attend all general members’ meetings. Members should take part in the other activities of the co-op.
3.3 Payment of Housing Charges
(a) Time of payment
Housing charges are due each month before noon on the housing charge payment day.
(b) No cash payments
Housing charges cannot be paid in cash.
(c) Pre-authorized payment
Members can pay housing charges in a pre-authorized way. This is usually more convenient for both members and co-op staff. This includes:
• pre-authorized debit, if available at the co-op
• pre-authorized payment, if available at the co-op
• post-dated cheques. Arrangements can be made at the co-op office.
(d) Other ways to pay
Members can pay each month by debit card at the co-op office, if debit card payment is available at the co-op.
Members who do not pay in any of the ways stated above have to pay by monthly cheque or money order. These have to be delivered to the co-op office. If no one is in the office, they can be put into the co-op office mail box.
3.4 Other Charges
Members are responsible for and must pay the co-op for any extra costs, charges or expenses caused by:
• the member,
• any member of their household, or
• anyone permitted on co-op property by the co-op member or another member of their household.
This applies even if no co-op by-law has been broken. Examples include debt collection charges and the cost of repairs.
3.5 Member Deposit
(a) Paying the member deposit
Members must pay a member deposit to the co-op. This deposit cannot be used as the last month’s housing charges. Members must pay this deposit before moving into their unit, unless the co-op allows them to pay it over time. This could be over several months. This must be stated in a deposit payment agreement prepared by the manager and signed by the member and the co-op.
(b) Amount of the member deposit
If new members pay the full monthly housing charges, they must pay a member deposit equal to the monthly housing charges, plus $600. This $600 may be paid in 12 installments of $50/month.
If new members receive housing charge subsidy, they must pay a member deposit equal to their monthly subsidized housing charges, plus $600. This $600 may be paid in 12 installments of $50/month.
The member deposit is rounded to the nearest dollar.
(c) Adjusting the member deposit when housing charges change
If members pay the full monthly housing charges, the amount of the member deposit will be adjusted by the same percentage as any change in the member’s monthly housing charges.
Members must pay the amount of any increase on a date set by the board of directors unless the members’ meeting approving the new housing charges decides on a different date. If there is a reduction, members will get a credit on future charges.
If members receive housing charge subsidy, the amount of the member deposit will be adjusted annually after the annual review of household income and composition. It will change to the new amount of the monthly subsidized housing charges. Members must pay the amount of any increase on a date set by the board of directors. If there is a reduction, members will get a credit on future charges.
(d) Returning the member deposit
The co-op will return the member deposit when the member and the member’s household leave the co-op 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 required under the co-op by-laws
• the member owes money to the co-op, or
• the member did not pay their last month’s housing charges.
(e) Interest on the member deposit
The co-op will not pay interest on the member deposit.
3.6 Housing Charges Are Per-Unit
Housing charges and member deposits are payable on a per-unit basis. If more than one member occupies a unit, they are each responsible for the total housing charges—not just a share of them. It does not matter if they are members of the same family or what arrangement they have between them. They must make one single monthly payment to the co-op.
If any person moves out of the unit, the remaining members in that unit are still responsible for all the charges which apply to the unit.
3.7 Housing Charge Subsidy
Members who have a housing charge subsidy owe the co-op the full housing charges less the subsidy. If the housing charge subsidy funds are provided by government or other funders and the co-op does not receive the subsidy funds, the members must pay the full housing charges. It does not matter why the funds were not received. It could be because a member was not entitled to the housing charge subsidy, or the funder changed its policies, or for any other reason.
3.8 All Charges are Housing Charges
Housing charges include all amounts that the co-op charges to members or that members owe the co-op. All these amounts can be collected by the co-op in the same way as housing charges.
Occupancy By-law Second Edition – ©2016 Co-operative Housing Federation of Canada & Co-operative Housing Federation of Toronto 10
(a) Monthly housing charges
Each member must pay regular monthly housing charges to the co-op. Regular monthly housing charges are made up of:
• the full monthly housing charges for the member’s unit, less any housing charge subsidy
• cable charges
• parking charges, if applicable
• other monthly charges that members must pay under any of the co-op by-laws.
(b) Other housing charges
Each member must pay additional housing charges, if applicable. These include:
• the lifetime membership fee of $20 plus $10 per member to a maximum of $30 (once only)
• late payment charges
• bank or financial institution charge for NSF cheques or failed payments
• NSF administration or failed payment charges
• all other amounts that a member has to pay under this By-law or any of the co- op’s by-laws.
(c) Not included in housing charges
Housing charges do not include the following costs to a member:
• electricity for a unit
• gas for a unit
• telephone for a unit
• internet for a unit
• insurance on the member’s personal property
• 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 charges.
(d) Adjusting items in housing charges
The items that are included in housing charges or not included in housing charges can be changed by a vote of the members at a general meeting. There should normally be a separate motion approving the change even though it is also stated in the budget materials.
3.2 Member Involvement
Members age 18 and over must attend all general members’ meetings. Members should take part in the other activities of the co-op.
3.3 Payment of Housing Charges
(a) Time of payment
Housing charges are due each month before noon on the housing charge payment day.
(b) No cash payments
Housing charges cannot be paid in cash.
(c) Pre-authorized payment
Members can pay housing charges in a pre-authorized way. This is usually more convenient for both members and co-op staff. This includes:
• pre-authorized debit, if available at the co-op
• pre-authorized payment, if available at the co-op
• post-dated cheques. Arrangements can be made at the co-op office.
(d) Other ways to pay
Members can pay each month by debit card at the co-op office, if debit card payment is available at the co-op.
Members who do not pay in any of the ways stated above have to pay by monthly cheque or money order. These have to be delivered to the co-op office. If no one is in the office, they can be put into the co-op office mail box.
3.4 Other Charges
Members are responsible for and must pay the co-op for any extra costs, charges or expenses caused by:
• the member,
• any member of their household, or
• anyone permitted on co-op property by the co-op member or another member of their household.
This applies even if no co-op by-law has been broken. Examples include debt collection charges and the cost of repairs.
3.5 Member Deposit
(a) Paying the member deposit
Members must pay a member deposit to the co-op. This deposit cannot be used as the last month’s housing charges. Members must pay this deposit before moving into their unit, unless the co-op allows them to pay it over time. This could be over several months. This must be stated in a deposit payment agreement prepared by the manager and signed by the member and the co-op.
(b) Amount of the member deposit
If new members pay the full monthly housing charges, they must pay a member deposit equal to the monthly housing charges, plus $600. This $600 may be paid in 12 installments of $50/month.
If new members receive housing charge subsidy, they must pay a member deposit equal to their monthly subsidized housing charges, plus $600. This $600 may be paid in 12 installments of $50/month.
The member deposit is rounded to the nearest dollar.
(c) Adjusting the member deposit when housing charges change
If members pay the full monthly housing charges, the amount of the member deposit will be adjusted by the same percentage as any change in the member’s monthly housing charges.
Members must pay the amount of any increase on a date set by the board of directors unless the members’ meeting approving the new housing charges decides on a different date. If there is a reduction, members will get a credit on future charges.
If members receive housing charge subsidy, the amount of the member deposit will be adjusted annually after the annual review of household income and composition. It will change to the new amount of the monthly subsidized housing charges. Members must pay the amount of any increase on a date set by the board of directors. If there is a reduction, members will get a credit on future charges.
(d) Returning the member deposit
The co-op will return the member deposit when the member and the member’s household leave the co-op 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 required under the co-op by-laws
• the member owes money to the co-op, or
• the member did not pay their last month’s housing charges.
(e) Interest on the member deposit
The co-op will not pay interest on the member deposit.
3.6 Housing Charges Are Per-Unit
Housing charges and member deposits are payable on a per-unit basis. If more than one member occupies a unit, they are each responsible for the total housing charges—not just a share of them. It does not matter if they are members of the same family or what arrangement they have between them. They must make one single monthly payment to the co-op.
If any person moves out of the unit, the remaining members in that unit are still responsible for all the charges which apply to the unit.
3.7 Housing Charge Subsidy
Members who have a housing charge subsidy owe the co-op the full housing charges less the subsidy. If the housing charge subsidy funds are provided by government or other funders and the co-op does not receive the subsidy funds, the members must pay the full housing charges. It does not matter why the funds were not received. It could be because a member was not entitled to the housing charge subsidy, or the funder changed its policies, or for any other reason.
3.8 All Charges are Housing Charges
Housing charges include all amounts that the co-op charges to members or that members owe the co-op. All these amounts can be collected by the co-op in the same way as housing charges.
Occupancy By-law Second Edition – ©2016 Co-operative Housing Federation of Canada & Co-operative Housing Federation of Toronto 10
Article 4: Setting Housing Charges
4.1 The Members Set the Full Monthly Housing Charges
The full monthly housing charges and parking charges can be set only by a 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 for approval when they are asked to consider a change in charges. Existing charges continue until the members approve a change. The members may approve charges that are different from those proposed in the budget. There should normally be a separate motion approving the housing and parking charges even though these are also stated in the budget materials.
4.2 Annual Budgets
(a) Operating budget
Each year the board of directors will submit an operating budget for the next fiscal year for approval of the members at a general meeting. The operating budget must contain:
• the total expected cost of operating the co-op
• a breakdown of the total expected cost in detailed categories
• the full monthly housing charges proposed for each unit or kind of unit
• the charges proposed for each service provided to members and charged separately, such as parking spaces.
(b) Capital budget
The board of directors must also prepare a capital budget for approval of the members if it is planning capital expenses. If possible, it should be presented to the members at the same time as the operating budget. A capital budget must contain:
• the proposed capital expenses
• the proposed source of funds
• the effect of the proposed expenses on the co-op’s capital reserve
• the effect of the proposed expenses on the co-op’s future operating budget
• the estimated timeline for the capital expenses.
(c) Approval by members
Approval of an operating budget or capital budget by the members authorizes the board of directors to spend money as stated in the budget subject to the Spending By- law, if the co-op has one.
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 states that a budget will be considered. The notice must be given as required by the Co-operative Corporations Act and the by-laws. A copy of the proposed budget must be delivered to each unit at least ten days before the budget meeting. This must include the full housing charges for each type of unit if changes are proposed.
4.4 Changes in Housing Charges
(a) Beginning of changed housing charges
Any change in the full monthly housing charges will begin on the first day of the third month after the members decide on the change. The members at a general meeting can decide by a two-thirds vote on a different date for the new charges to begin, including an earlier date.
(b) Notice of change
Notice of a change in the full housing charges must be delivered to each unit within a reasonable time after the meeting. Government requirements may state a time period.
4.5 Mid-year Change in Housing Charges
The board of directors may decide that there should be a change in the budget and/or housing charges during a fiscal year. If so, the board will prepare a budget or statement showing the reason for the change and submit it to a meeting of the members. Section 4.3 of this By-law states how the co-op will give notice of this meeting. Timing and other rules about any change will be as stated in sections 4.1 to 4.4 as applicable.
Occupancy By-law Second Edition – ©2016 Co-operative Housing Federation of Canada & Co-operative Housing Federation of Toronto 12
The full monthly housing charges and parking charges can be set only by a 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 for approval when they are asked to consider a change in charges. Existing charges continue until the members approve a change. The members may approve charges that are different from those proposed in the budget. There should normally be a separate motion approving the housing and parking charges even though these are also stated in the budget materials.
4.2 Annual Budgets
(a) Operating budget
Each year the board of directors will submit an operating budget for the next fiscal year for approval of the members at a general meeting. The operating budget must contain:
• the total expected cost of operating the co-op
• a breakdown of the total expected cost in detailed categories
• the full monthly housing charges proposed for each unit or kind of unit
• the charges proposed for each service provided to members and charged separately, such as parking spaces.
(b) Capital budget
The board of directors must also prepare a capital budget for approval of the members if it is planning capital expenses. If possible, it should be presented to the members at the same time as the operating budget. A capital budget must contain:
• the proposed capital expenses
• the proposed source of funds
• the effect of the proposed expenses on the co-op’s capital reserve
• the effect of the proposed expenses on the co-op’s future operating budget
• the estimated timeline for the capital expenses.
(c) Approval by members
Approval of an operating budget or capital budget by the members authorizes the board of directors to spend money as stated in the budget subject to the Spending By- law, if the co-op has one.
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 states that a budget will be considered. The notice must be given as required by the Co-operative Corporations Act and the by-laws. A copy of the proposed budget must be delivered to each unit at least ten days before the budget meeting. This must include the full housing charges for each type of unit if changes are proposed.
4.4 Changes in Housing Charges
(a) Beginning of changed housing charges
Any change in the full monthly housing charges will begin on the first day of the third month after the members decide on the change. The members at a general meeting can decide by a two-thirds vote on a different date for the new charges to begin, including an earlier date.
(b) Notice of change
Notice of a change in the full housing charges must be delivered to each unit within a reasonable time after the meeting. Government requirements may state a time period.
4.5 Mid-year Change in Housing Charges
The board of directors may decide that there should be a change in the budget and/or housing charges during a fiscal year. If so, the board will prepare a budget or statement showing the reason for the change and submit it to a meeting of the members. Section 4.3 of this By-law states how the co-op will give notice of this meeting. Timing and other rules about any change will be as stated in sections 4.1 to 4.4 as applicable.
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Article 5: Members' Units
5.1 Maintenance and Repair
(a) Responsibility of the co-op
The co-op must keep all units in a good state of repair and fit for habitation. It must make sure that each unit meets all health, safety and housing standards in government requirements. The co-op must keep the co-op property other than the units and all services and facilities of the co-op to the same standard as the units. (b) Appliances
The co-op must provide each unit with a stove and refrigerator in normal working order.
(c) Responsibility of members
Members must keep their units reasonably neat and clean. Members must meet the standards of cleanliness and maintenance in government requirements. Members must not do, or fail to do, anything that damages their units or other parts of the co-op property.
(d) Co-operation with the co-op
Members must co-operate in all reasonable ways with co-op staff and any tradespeople or contractors who are involved in repair and maintenance. This includes making sure that their unit is ready for access as stated in section 5.2(b) (Notice of entry). It also includes doing anything necessary to prepare their unit for co-op work, such as pest control.
(e) Reporting problems
Members must promptly report to the co-op any condition in their unit, the equipment in the unit or their building, if it could cause damage to their unit or co-op property.
(f) Maintenance and Improvements By-law
The co-op’s Maintenance and Improvements By-law, if there is one, or other co-op by-laws, may have more detail on maintenance and repair responsibilities. The co-op and the members must obey those by-laws.
(g) Alterations and improvements
Members cannot make alterations and improvements to their units or co-op property, unless they comply with the terms of the Maintenance and Improvements By-law or any other applicable co-op by-laws. Members must get advance written permission from the board of directors unless those by-laws say something else.
(h) Changing locks
Members cannot change their locks without advance written permission from the co-op. They have to give the co-op keys to new locks or cards, fobs or other things needed for access. If they don’t, the co-op can change the lock and the member will pay the cost.
(i) Exterior of unit
Members cannot install or attach anything to the outside of their unit or the outside of doors and windows without advance written permission from the board of directors. Examples are cameras, satellite dishes and antennas. Members must follow co-op by- laws and board decisions about what can be put in or on exterior parts of a unit, such as balconies, yards, driveways and fences. Permission under this paragraph can be withdrawn by the board.
(j) Common elements
Members cannot put or keep anything in the halls, lobbies, corridors, walkways, driveways and any parts of the co-op property other than the interior of their units without advance written permission from the board of directors. Permission under this paragraph can be withdrawn by the board.
(k) Privacy
Members cannot install cameras in their units or in vehicles that could record persons in an apartment building corridor or in public or common walkways or other public or common areas or in yards or outdoor areas adjacent to other members’ units.
(l) Neglect of responsibilities
If members do not fulfill their responsibility under this section, the Maintenance and Improvements By-law or any other applicable co-op by-laws, or if members prevent entry when permitted under section 5.2 (Privacy), the co-op can do what is necessary to correct the situation. Those members have to pay the cost. Examples are higher callback charges or additional costs if pests spread to other units.
(m) Moving out of the unit
When members move out of a unit, they have to leave it clean and in good condition. The unit has to be left in the condition required by the Maintenance and Improvements By-law, if there is one, or other applicable co-op by-laws.
5.2 Privacy
(a) Permission needed
Members have the right to privacy. The co-op may not enter a unit without permission unless an emergency happens or appears to be happening or proper notice has been given.
(b) Notice of entry
After giving a member 48 hours written notice, someone designated by the co-op can enter a unit, at any reasonable time, for:
• maintenance inspections, regular or special
• maintenance, repairs or renovations, or
• any other reason which the board of directors decides.
(c) Showing unit
After giving a member 48 hours written notice, the co-op can enter the unit to show it to a prospective occupant at any reasonable time. The co-op can do this if:
• the members have given notice to end their membership and occupancy rights, or
• the co-op has given notice of a board of directors’ decision to evict the member.
(d) Time 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 unit. The member does not have to be present at the time of entry.
(e) One notice per unit
Only one notice needs to be given under this section for all members and others in a unit.
5.3 Damage to Units
(a) Major damage
If there is major damage affecting a large number of units, the board of directors will examine the situation and propose a solution.
(b) Other damage
If only one or a small number of units are damaged, the board of directors will consult with the members living in the units to come up with a solution. If those members agree with the board, the board can deal with the situation unless it needs approval from the members for expenses beyond the budget. If the members living in the units do not agree with the board, the membership will make the final decision ata members’ meeting. The board can give these decisions priority over the internal and external waiting lists.
(c) Things to decide
The board of directors will consider questions such as the following:
• Should the unit be repaired?
• How quickly?
• When will the members be required to move out?
• When will the members be entitled to move back?
• Will there be any charges to the members during the period?
• Are there any available units that the members can occupy until their unit is repaired?
• Should there be any priority on the co-op’s internal or external waiting list?
(d) Limit of co-op responsibility
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 unless the costs are covered by the co-op’s insurance or are payable by a government or other subsidy provider. The co-op does not have to repair a unit and can terminate membership and occupancy rights because of damage if that is part of the decision under this section after approval by the board of directors.
(e) What is damage?
Damage under this section is anything that makes a unit uninhabitable. It could be a specific event, such as a fire, or a condition like mould or insect infestation.
5.4 Members’ Insurance
(a) Insurance compulsory
Each member must obtain and pay for personal property insurance and personal liability insurance. Each member must deliver proof of insurance to the co-op office at least once a year by a date set by the board of directors. The form of proof of insurance will be approved by the board. Giving the co-op proof of insurance does not transfer the member's responsibility to the co-op.
(b) Co-op not liable
The co-op will not have to compensate a member or anyone in the member’s household for any loss that would be covered by a normal renter’s or co-op member’s insurance policy. This applies no matter how the loss is caused. In addition to the co- op itself, none of the co-op staff or contractors, or any other member, will have to compensate for the loss.
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(a) Responsibility of the co-op
The co-op must keep all units in a good state of repair and fit for habitation. It must make sure that each unit meets all health, safety and housing standards in government requirements. The co-op must keep the co-op property other than the units and all services and facilities of the co-op to the same standard as the units. (b) Appliances
The co-op must provide each unit with a stove and refrigerator in normal working order.
(c) Responsibility of members
Members must keep their units reasonably neat and clean. Members must meet the standards of cleanliness and maintenance in government requirements. Members must not do, or fail to do, anything that damages their units or other parts of the co-op property.
(d) Co-operation with the co-op
Members must co-operate in all reasonable ways with co-op staff and any tradespeople or contractors who are involved in repair and maintenance. This includes making sure that their unit is ready for access as stated in section 5.2(b) (Notice of entry). It also includes doing anything necessary to prepare their unit for co-op work, such as pest control.
(e) Reporting problems
Members must promptly report to the co-op any condition in their unit, the equipment in the unit or their building, if it could cause damage to their unit or co-op property.
(f) Maintenance and Improvements By-law
The co-op’s Maintenance and Improvements By-law, if there is one, or other co-op by-laws, may have more detail on maintenance and repair responsibilities. The co-op and the members must obey those by-laws.
(g) Alterations and improvements
Members cannot make alterations and improvements to their units or co-op property, unless they comply with the terms of the Maintenance and Improvements By-law or any other applicable co-op by-laws. Members must get advance written permission from the board of directors unless those by-laws say something else.
(h) Changing locks
Members cannot change their locks without advance written permission from the co-op. They have to give the co-op keys to new locks or cards, fobs or other things needed for access. If they don’t, the co-op can change the lock and the member will pay the cost.
(i) Exterior of unit
Members cannot install or attach anything to the outside of their unit or the outside of doors and windows without advance written permission from the board of directors. Examples are cameras, satellite dishes and antennas. Members must follow co-op by- laws and board decisions about what can be put in or on exterior parts of a unit, such as balconies, yards, driveways and fences. Permission under this paragraph can be withdrawn by the board.
(j) Common elements
Members cannot put or keep anything in the halls, lobbies, corridors, walkways, driveways and any parts of the co-op property other than the interior of their units without advance written permission from the board of directors. Permission under this paragraph can be withdrawn by the board.
(k) Privacy
Members cannot install cameras in their units or in vehicles that could record persons in an apartment building corridor or in public or common walkways or other public or common areas or in yards or outdoor areas adjacent to other members’ units.
(l) Neglect of responsibilities
If members do not fulfill their responsibility under this section, the Maintenance and Improvements By-law or any other applicable co-op by-laws, or if members prevent entry when permitted under section 5.2 (Privacy), the co-op can do what is necessary to correct the situation. Those members have to pay the cost. Examples are higher callback charges or additional costs if pests spread to other units.
(m) Moving out of the unit
When members move out of a unit, they have to leave it clean and in good condition. The unit has to be left in the condition required by the Maintenance and Improvements By-law, if there is one, or other applicable co-op by-laws.
5.2 Privacy
(a) Permission needed
Members have the right to privacy. The co-op may not enter a unit without permission unless an emergency happens or appears to be happening or proper notice has been given.
(b) Notice of entry
After giving a member 48 hours written notice, someone designated by the co-op can enter a unit, at any reasonable time, for:
• maintenance inspections, regular or special
• maintenance, repairs or renovations, or
• any other reason which the board of directors decides.
(c) Showing unit
After giving a member 48 hours written notice, the co-op can enter the unit to show it to a prospective occupant at any reasonable time. The co-op can do this if:
• the members have given notice to end their membership and occupancy rights, or
• the co-op has given notice of a board of directors’ decision to evict the member.
(d) Time 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 unit. The member does not have to be present at the time of entry.
(e) One notice per unit
Only one notice needs to be given under this section for all members and others in a unit.
5.3 Damage to Units
(a) Major damage
If there is major damage affecting a large number of units, the board of directors will examine the situation and propose a solution.
(b) Other damage
If only one or a small number of units are damaged, the board of directors will consult with the members living in the units to come up with a solution. If those members agree with the board, the board can deal with the situation unless it needs approval from the members for expenses beyond the budget. If the members living in the units do not agree with the board, the membership will make the final decision ata members’ meeting. The board can give these decisions priority over the internal and external waiting lists.
(c) Things to decide
The board of directors will consider questions such as the following:
• Should the unit be repaired?
• How quickly?
• When will the members be required to move out?
• When will the members be entitled to move back?
• Will there be any charges to the members during the period?
• Are there any available units that the members can occupy until their unit is repaired?
• Should there be any priority on the co-op’s internal or external waiting list?
(d) Limit of co-op responsibility
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 unless the costs are covered by the co-op’s insurance or are payable by a government or other subsidy provider. The co-op does not have to repair a unit and can terminate membership and occupancy rights because of damage if that is part of the decision under this section after approval by the board of directors.
(e) What is damage?
Damage under this section is anything that makes a unit uninhabitable. It could be a specific event, such as a fire, or a condition like mould or insect infestation.
5.4 Members’ Insurance
(a) Insurance compulsory
Each member must obtain and pay for personal property insurance and personal liability insurance. Each member must deliver proof of insurance to the co-op office at least once a year by a date set by the board of directors. The form of proof of insurance will be approved by the board. Giving the co-op proof of insurance does not transfer the member's responsibility to the co-op.
(b) Co-op not liable
The co-op will not have to compensate a member or anyone in the member’s household for any loss that would be covered by a normal renter’s or co-op member’s insurance policy. This applies no matter how the loss is caused. In addition to the co- op itself, none of the co-op staff or contractors, or any other member, will have to compensate for the loss.
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Article 6: Use of Units
6.1 Residences
Units must be used only as private residences for members, their households and other persons allowed by this By-law.
6.2 Principal Residence
Each member must use the member’s co-op unit as the member’s principal residence and personally occupy it. A member can be temporarily absent from the unit as stated in section 6.3, but the unit must remain the member’s principal residence during the absence.
6.3 Absence from Principal Residence
(a) No sub-occupant
This section is about when a member will be away from the member’s unit. Sub-occupants are not allowed.
(b) Housing charge subsidy
This section applies to all members, but special rules can also apply to members who receive housing charge subsidy. See section 8.6(a) (Housing charge subsidy).(c) More than a year
Members may not be absent from their units for a total of more than one year in any five-year period without the board of directors’ advance written approval. The board can choose the five-year period. Members will be considered absent from their units even if they visit them for short periods. This paragraph applies whether or not other members of the household continue to occupy the unit.
(d) Notice of absence for less than a year
If a co-op member is going to be absent from their unit for more than one month, the member has to give advance written notice to the co-op. If all co-op members in the household are going to be absent from the unit for more than three months, the advance written notice has to explain the reason for the absence.
(e) Meet with board
If the board of directors asks, a member who is going to be absent as referred to in paragraph (d) will meet with the board or someone designated by the board to give a detailed explanation. This is so the board can be sure co-op by-laws are not being broken.
6.4 Related Uses
(a) Related uses permitted
“Related uses” are typical home business uses that are related or incidental to the use of a unit as a member’s principal residence. Members can have one or more related use, if:
• the use is permitted by government requirements, including zoning by-laws
• the use does not create disturbance beyond what is appropriate in a residential community like the co-op, such as by too much noise or too many visitors
• the use does not involve excessive demands on co-op utilities and services, such as electricity and water, and
• co-op by-laws are obeyed.
(b) No rooming or boarding houses
Permitted uses do not include using a unit as a rooming house, or boarding house, or providing food or lodging for others or anything similar. Those uses are prohibited.
(c) No rentals
Permitted uses do not include long term or short term rentals of a unit or part of a unit. Those uses are prohibited except for guests permitted under Article 8 (Members’ Household and Guests). Co-op units may not be listed on AirBnB or registered with Internet rental services. Co-op units may not be advertised in any other way without advance written approval from the board of directors.
(d) Parking spaces
Rental of parking spaces is prohibited unless the parking space is physically attached to a single unit and the rental rate is approved in advance by the board of directors. In addition, a parking space cannot be rented to someone who is not a member of the co- op without the board’s advance written approval. Section 8.4 (Long-term Guests) will apply.
(e) Liability
The member will be responsible for any claims against the co-op, co-op staff, contractors and other members and occupants that are connected to any related use by the member.
(f) Insurance
A member must have all insurance that is reasonable for a related use including any insurance that is needed to meet government requirements. The member must give the co-op a current copy of the insurance policy and any changes. The member will follow any directions by the co-op about the insurance so that it will protect the co-op in addition to the member. Giving the co-op the insurance policy or following the co- op's directions does not transfer the member's responsibility to the co-op.
6.5 No Transfer of Membership or Occupancy Rights
Members cannot transfer their membership or their occupancy rights to anyone else.
6.6 No Profit from Unit
(a) When leaving co-op
Members must not profit, directly or indirectly, when they leave the co-op.
(b) Sub-occupancy or sharing
Members cannot allow others to use their unit. This includes sub-occupancy or rental of the unit when the member is away or any sharing arrangement.
6.7 Co-op’s 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.
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Units must be used only as private residences for members, their households and other persons allowed by this By-law.
6.2 Principal Residence
Each member must use the member’s co-op unit as the member’s principal residence and personally occupy it. A member can be temporarily absent from the unit as stated in section 6.3, but the unit must remain the member’s principal residence during the absence.
6.3 Absence from Principal Residence
(a) No sub-occupant
This section is about when a member will be away from the member’s unit. Sub-occupants are not allowed.
(b) Housing charge subsidy
This section applies to all members, but special rules can also apply to members who receive housing charge subsidy. See section 8.6(a) (Housing charge subsidy).(c) More than a year
Members may not be absent from their units for a total of more than one year in any five-year period without the board of directors’ advance written approval. The board can choose the five-year period. Members will be considered absent from their units even if they visit them for short periods. This paragraph applies whether or not other members of the household continue to occupy the unit.
(d) Notice of absence for less than a year
If a co-op member is going to be absent from their unit for more than one month, the member has to give advance written notice to the co-op. If all co-op members in the household are going to be absent from the unit for more than three months, the advance written notice has to explain the reason for the absence.
(e) Meet with board
If the board of directors asks, a member who is going to be absent as referred to in paragraph (d) will meet with the board or someone designated by the board to give a detailed explanation. This is so the board can be sure co-op by-laws are not being broken.
6.4 Related Uses
(a) Related uses permitted
“Related uses” are typical home business uses that are related or incidental to the use of a unit as a member’s principal residence. Members can have one or more related use, if:
• the use is permitted by government requirements, including zoning by-laws
• the use does not create disturbance beyond what is appropriate in a residential community like the co-op, such as by too much noise or too many visitors
• the use does not involve excessive demands on co-op utilities and services, such as electricity and water, and
• co-op by-laws are obeyed.
(b) No rooming or boarding houses
Permitted uses do not include using a unit as a rooming house, or boarding house, or providing food or lodging for others or anything similar. Those uses are prohibited.
(c) No rentals
Permitted uses do not include long term or short term rentals of a unit or part of a unit. Those uses are prohibited except for guests permitted under Article 8 (Members’ Household and Guests). Co-op units may not be listed on AirBnB or registered with Internet rental services. Co-op units may not be advertised in any other way without advance written approval from the board of directors.
(d) Parking spaces
Rental of parking spaces is prohibited unless the parking space is physically attached to a single unit and the rental rate is approved in advance by the board of directors. In addition, a parking space cannot be rented to someone who is not a member of the co- op without the board’s advance written approval. Section 8.4 (Long-term Guests) will apply.
(e) Liability
The member will be responsible for any claims against the co-op, co-op staff, contractors and other members and occupants that are connected to any related use by the member.
(f) Insurance
A member must have all insurance that is reasonable for a related use including any insurance that is needed to meet government requirements. The member must give the co-op a current copy of the insurance policy and any changes. The member will follow any directions by the co-op about the insurance so that it will protect the co-op in addition to the member. Giving the co-op the insurance policy or following the co- op's directions does not transfer the member's responsibility to the co-op.
6.5 No Transfer of Membership or Occupancy Rights
Members cannot transfer their membership or their occupancy rights to anyone else.
6.6 No Profit from Unit
(a) When leaving co-op
Members must not profit, directly or indirectly, when they leave the co-op.
(b) Sub-occupancy or sharing
Members cannot allow others to use their unit. This includes sub-occupancy or rental of the unit when the member is away or any sharing arrangement.
6.7 Co-op’s 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.
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Article 7: Behaviour
7.1 Prohibited Conduct
The co-op is a community which includes all the residents, visitors and staff. It is also part of the larger neighbourhood community. Co-op members must not harass, obstruct, coerce, threaten or interfere with any other member of these communities. Co-op members must not make or allow any noise, nuisance or other act that unreasonably disturbs any other member of these communities. Co-op members must not commit any illegal act in their units or on co-op property.
7.2 Human Rights
Co-op members must respect the human rights of other members of these communities. Co-op members must obey the Ontario Human Rights Code and not do anything that would discriminate against or harass any other member of these communities in a way that would breach the Human Rights Code. Co-op members must strive for an environment at the co-op that is fair, inclusive and respectful of people’s dignity.
7.3 Violence
Co-op members must not commit violence against any other member of these communities. Violence can be real or threatened. Violence can be physical, psychological, financial and/or sexual. Child abuse is a kind of violence.
7.4 Domestic Violence
(a) Not tolerated
The co-op does not tolerate domestic violence. It will try to assist victims of domestic violence who live at the co-op. Members who engage in domestic violence may be evicted. Non-members who engage in domestic violence may be removed from the co-op.
(b) Meaning
Domestic violence at the co-op is violence against another person who lives in the same unit. The victim or the person who committed domestic violence could be
• a member
• a long-term guest
• a casual guest
• someone who lives at the co-op or is staying at the co-op even if not permitted under this By-law
• an adult or a child.
(c) Protecting a child
If a child who lives at the co-op with a parent or other person experiences child abuse or other domestic violence, the parent or other person can also take any of the actions of a victim stated in this section and references to the victim in this section include that person in addition to the child. If a child is the victim or alleged to be the victim, then the co-op must make sure the Children’s Aid Society has been notified.
(d) Rights of victim
Victims of domestic violence who live at the co-op can:• ask the board of directors to evict any member who commits domestic violence
• ask the board to remove any non-member who commits domestic violence from the co-op
• ask the board to issue a No Trespass Notice against any non-member who has committed domestic violence against the victim. It does not matter if the domestic violence was at the co-op or somewhere else or whether it was before the victim moved into the co-op.
• if the victim is a member, request emergency housing charge subsidy if available under the co-op by-laws and subject to any applicable government requirements
• get information from the co-op on supports available in the community.
(e) Right to leave the co-op
If the victim is a member, the victim can give notice of termination of membership and occupancy rights. The notice must state a specific date at least 28 days after the notice is given to the co-op. It does not have to be the last day of a month. If the victim was the only member, the victim will vacate the unit by the termination date and the co-op can take possession. If the victim is not the only member, the victim will stop being responsible to the co-op for the housing charges and other obligations relating to the unit on that date. If the victim is not a member, the victim can terminate any obligations to the co-op on 28 days written notice.
(f) Board response
The board of directors can issue a Notice to Appear and evict any member who has committed domestic violence. If a non-member engages in domestic violence, the board can take any steps it considers appropriate to remove the non-member from co- op property. The board can issue a No Trespass Notice against any non-member forbidding that person to enter co-op property. The board can issue a No Trespass Notice against any member or non-member forbidding that person to go to the victim’s unit or parts of the co-op property near the victim’s unit or used by the victim. In all cases it does not matter whether the domestic violence happened at the co-op or somewhere else.
(g) Action without complaint
The board of directors can take any of the steps referred to in this section without a complaint from the victim.
(h) Procedures
When the board of directors makes a decision about evicting a member, the board has to follow the procedures stated in Article 12 (Dealing with Problems) and Article 13 (Eviction Procedures). When the board makes a decision about removing any approved long-term guest from the co-op, it has to follow the procedures stated in section 8.4(d) (Cancelling long-term guest status). In making these decisions or a decision about issuing a No Trespass Notice, it can accept any of the following as proof that domestic violence occurred:
• a restraining order or peace bond is in effect at the time of the decision
• terms of bail allowing no contact are in effect at the time of the decision
• the offending person has been convicted of an offence against the victim
• a written or oral statement from the victim without details that the domestic violence occurred.
(i) Applying for membership
If the victim of domestic violence is an approved long-term guest and the person who committed domestic violence was a member and no longer lives at the co-op, the victim can apply for membership under this paragraph. A victim who is accepted for membership under this paragraph may be required to move under section 9.4 (Not Meeting Minimum Household Size) if that section applies. The victim will not receive the member’s housing charge subsidy, but might be able to apply under government requirements or the co-op’s Housing Charge Subsidy By-law, if it has one.
7.5 Return after Violence
If a victim of violence is ready to let a previously violent person return, the victim can ask the board of directors in writing to reinstate that person’s previous status. The board may reject an application or request from anyone that would permit that person to return to the co-op if the victim does not consent, or if the board thinks it would not be best for the co- op. Section 8.7 (Evicted Persons) applies if that person is on co-op property without the board’s advance written approval. Section 8.5 (Casual Guests) does not apply.
7.6 Explanations
Violence and harassment can be based on a prohibited ground under the Ontario Human Rights Code or on other grounds. Violence, harassment and other prohibited conduct can take place on co-op property or in other places, including on social media. The board of directors does not have to wait until any court charges are heard before evicting someone in the case of violence or other illegal acts.
7.7 Calling Police and Other Authorities
Co-op staff is authorized to contact the police, children’s aid society and other authorities in case of violence or illegal acts.
7.8 Acts of Others
Co-op members are responsible for any act or failure to act by
• any member of their household, and
• anyone permitted on co-op property by the co-op member or another member of their household.Members must make sure that none of those persons does anything that would break this Article or other parts of the co-op by-laws. Co-op members may be evicted as a result of acts or failures to act by those persons and will have to pay for any damage caused by them.
7.9 Criticism of Board and Staff
Criticism of the job performance of the board of directors and staff is not harassment or a breach of section 7.1 (Prohibited Conduct) if it is made in a reasonable and constructive way. Examples of ways that are not reasonable or constructive include:
• making complaints or requests in a loud or threatening or pressing manner
• refusing to leave the co-op office or adjacent spaces when asked by staff
• making any kind of threat or taking any threatening action against directors or staff
• making personal statements about staff or directors
• making repeated complaints about things that are the same or similar
• sending repeated e-mails or voicemails about things that are the same or similar
• putting complaints on social media or in other public places
• sending complaints to persons outside the co-op in order to embarrass the board or staff.
7.10 No Trespass Notices
(a) Prohibited conduct or violence
The board of directors can issue a No Trespass Notice in order to prevent or control prohibited conduct or violence.
(b) Limits
A No Trespass Notice to a member or someone in a member’s household can forbid that person from being on parts of the co-op property other than the member’s unit and the access to the unit. A No Trespass Notice to anyone else can forbid that person from being on co-op property.
(c) Right to review
A member can ask the board of directors to reconsider a No Trespass Notice that affects the member or the member’s household or guests. The request to reconsider has to be delivered to the co-op office within five days after delivery or posting of the No Trespass Notice. The request must be signed by all co-op members in the household. The member will be given at least ten days written notice of a board meeting for reconsideration. The member can be present and make submissions with or without a representative. The board’s decision will be final and cannot be appealed to the membership. The No Trespass Notice will remain in effect during the reconsideration process unless the board decides to suspend it.
(d) Additional reviews after one year
A member can ask the board of directors to reconsider a No Trespass Notice one year after it was issued or one year after the last requested review—whichever was later. The request to reconsider must be signed by all co-op members in the household. The member will be given at least ten days written notice of a board meeting for reconsideration. The member can be present and make submissions with or without a representative. The board’s decision will be final and cannot be appealed to the membership. The No Trespass Notice will remain in effect during the reconsideration process unless the board decides to suspend it.
(e) Enforcing No Trespass Notice
The board of directors or co-op staff can take any appropriate action to enforce a No Trespass Notice. A member cannot invite or permit someone to be in the member’s unit or on any part of co-op property if it would be a breach of a No Trespass Notice.
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The co-op is a community which includes all the residents, visitors and staff. It is also part of the larger neighbourhood community. Co-op members must not harass, obstruct, coerce, threaten or interfere with any other member of these communities. Co-op members must not make or allow any noise, nuisance or other act that unreasonably disturbs any other member of these communities. Co-op members must not commit any illegal act in their units or on co-op property.
7.2 Human Rights
Co-op members must respect the human rights of other members of these communities. Co-op members must obey the Ontario Human Rights Code and not do anything that would discriminate against or harass any other member of these communities in a way that would breach the Human Rights Code. Co-op members must strive for an environment at the co-op that is fair, inclusive and respectful of people’s dignity.
7.3 Violence
Co-op members must not commit violence against any other member of these communities. Violence can be real or threatened. Violence can be physical, psychological, financial and/or sexual. Child abuse is a kind of violence.
7.4 Domestic Violence
(a) Not tolerated
The co-op does not tolerate domestic violence. It will try to assist victims of domestic violence who live at the co-op. Members who engage in domestic violence may be evicted. Non-members who engage in domestic violence may be removed from the co-op.
(b) Meaning
Domestic violence at the co-op is violence against another person who lives in the same unit. The victim or the person who committed domestic violence could be
• a member
• a long-term guest
• a casual guest
• someone who lives at the co-op or is staying at the co-op even if not permitted under this By-law
• an adult or a child.
(c) Protecting a child
If a child who lives at the co-op with a parent or other person experiences child abuse or other domestic violence, the parent or other person can also take any of the actions of a victim stated in this section and references to the victim in this section include that person in addition to the child. If a child is the victim or alleged to be the victim, then the co-op must make sure the Children’s Aid Society has been notified.
(d) Rights of victim
Victims of domestic violence who live at the co-op can:• ask the board of directors to evict any member who commits domestic violence
• ask the board to remove any non-member who commits domestic violence from the co-op
• ask the board to issue a No Trespass Notice against any non-member who has committed domestic violence against the victim. It does not matter if the domestic violence was at the co-op or somewhere else or whether it was before the victim moved into the co-op.
• if the victim is a member, request emergency housing charge subsidy if available under the co-op by-laws and subject to any applicable government requirements
• get information from the co-op on supports available in the community.
(e) Right to leave the co-op
If the victim is a member, the victim can give notice of termination of membership and occupancy rights. The notice must state a specific date at least 28 days after the notice is given to the co-op. It does not have to be the last day of a month. If the victim was the only member, the victim will vacate the unit by the termination date and the co-op can take possession. If the victim is not the only member, the victim will stop being responsible to the co-op for the housing charges and other obligations relating to the unit on that date. If the victim is not a member, the victim can terminate any obligations to the co-op on 28 days written notice.
(f) Board response
The board of directors can issue a Notice to Appear and evict any member who has committed domestic violence. If a non-member engages in domestic violence, the board can take any steps it considers appropriate to remove the non-member from co- op property. The board can issue a No Trespass Notice against any non-member forbidding that person to enter co-op property. The board can issue a No Trespass Notice against any member or non-member forbidding that person to go to the victim’s unit or parts of the co-op property near the victim’s unit or used by the victim. In all cases it does not matter whether the domestic violence happened at the co-op or somewhere else.
(g) Action without complaint
The board of directors can take any of the steps referred to in this section without a complaint from the victim.
(h) Procedures
When the board of directors makes a decision about evicting a member, the board has to follow the procedures stated in Article 12 (Dealing with Problems) and Article 13 (Eviction Procedures). When the board makes a decision about removing any approved long-term guest from the co-op, it has to follow the procedures stated in section 8.4(d) (Cancelling long-term guest status). In making these decisions or a decision about issuing a No Trespass Notice, it can accept any of the following as proof that domestic violence occurred:
• a restraining order or peace bond is in effect at the time of the decision
• terms of bail allowing no contact are in effect at the time of the decision
• the offending person has been convicted of an offence against the victim
• a written or oral statement from the victim without details that the domestic violence occurred.
(i) Applying for membership
If the victim of domestic violence is an approved long-term guest and the person who committed domestic violence was a member and no longer lives at the co-op, the victim can apply for membership under this paragraph. A victim who is accepted for membership under this paragraph may be required to move under section 9.4 (Not Meeting Minimum Household Size) if that section applies. The victim will not receive the member’s housing charge subsidy, but might be able to apply under government requirements or the co-op’s Housing Charge Subsidy By-law, if it has one.
7.5 Return after Violence
If a victim of violence is ready to let a previously violent person return, the victim can ask the board of directors in writing to reinstate that person’s previous status. The board may reject an application or request from anyone that would permit that person to return to the co-op if the victim does not consent, or if the board thinks it would not be best for the co- op. Section 8.7 (Evicted Persons) applies if that person is on co-op property without the board’s advance written approval. Section 8.5 (Casual Guests) does not apply.
7.6 Explanations
Violence and harassment can be based on a prohibited ground under the Ontario Human Rights Code or on other grounds. Violence, harassment and other prohibited conduct can take place on co-op property or in other places, including on social media. The board of directors does not have to wait until any court charges are heard before evicting someone in the case of violence or other illegal acts.
7.7 Calling Police and Other Authorities
Co-op staff is authorized to contact the police, children’s aid society and other authorities in case of violence or illegal acts.
7.8 Acts of Others
Co-op members are responsible for any act or failure to act by
• any member of their household, and
• anyone permitted on co-op property by the co-op member or another member of their household.Members must make sure that none of those persons does anything that would break this Article or other parts of the co-op by-laws. Co-op members may be evicted as a result of acts or failures to act by those persons and will have to pay for any damage caused by them.
7.9 Criticism of Board and Staff
Criticism of the job performance of the board of directors and staff is not harassment or a breach of section 7.1 (Prohibited Conduct) if it is made in a reasonable and constructive way. Examples of ways that are not reasonable or constructive include:
• making complaints or requests in a loud or threatening or pressing manner
• refusing to leave the co-op office or adjacent spaces when asked by staff
• making any kind of threat or taking any threatening action against directors or staff
• making personal statements about staff or directors
• making repeated complaints about things that are the same or similar
• sending repeated e-mails or voicemails about things that are the same or similar
• putting complaints on social media or in other public places
• sending complaints to persons outside the co-op in order to embarrass the board or staff.
7.10 No Trespass Notices
(a) Prohibited conduct or violence
The board of directors can issue a No Trespass Notice in order to prevent or control prohibited conduct or violence.
(b) Limits
A No Trespass Notice to a member or someone in a member’s household can forbid that person from being on parts of the co-op property other than the member’s unit and the access to the unit. A No Trespass Notice to anyone else can forbid that person from being on co-op property.
(c) Right to review
A member can ask the board of directors to reconsider a No Trespass Notice that affects the member or the member’s household or guests. The request to reconsider has to be delivered to the co-op office within five days after delivery or posting of the No Trespass Notice. The request must be signed by all co-op members in the household. The member will be given at least ten days written notice of a board meeting for reconsideration. The member can be present and make submissions with or without a representative. The board’s decision will be final and cannot be appealed to the membership. The No Trespass Notice will remain in effect during the reconsideration process unless the board decides to suspend it.
(d) Additional reviews after one year
A member can ask the board of directors to reconsider a No Trespass Notice one year after it was issued or one year after the last requested review—whichever was later. The request to reconsider must be signed by all co-op members in the household. The member will be given at least ten days written notice of a board meeting for reconsideration. The member can be present and make submissions with or without a representative. The board’s decision will be final and cannot be appealed to the membership. The No Trespass Notice will remain in effect during the reconsideration process unless the board decides to suspend it.
(e) Enforcing No Trespass Notice
The board of directors or co-op staff can take any appropriate action to enforce a No Trespass Notice. A member cannot invite or permit someone to be in the member’s unit or on any part of co-op property if it would be a breach of a No Trespass Notice.
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Article 8: Members Households and Guests
8.1 Basic Requirements
(a) Who is part of a household
In the co-op’s by-laws, household means:
• a member
• any other members living in the unit
• children of the member who are under sixteen and live in the unit
• children of the member who have turned sixteen and continue to live in the unit, and
• long-term guests approved by the board of directors under this Article. Someone is considered a child of a member if they would be considered the member’s child under the Ontario Family Law Act.
(b) Guests
A guest is someone staying in a member’s unit at the same time as the member or someone in the household.
(c) Who is not part of a household
Only persons mentioned in paragraph (a) are part of a member’s household. Other persons can stay in a member’s unit only as casual guests and only if permitted by this By-law. Members must not allow anyone else to use their unit.
(d) Non-member occupants
Occupants of a unit who are not members have:
• no right to occupy the unit independent of the members
• no right to occupy any other unit in the co-op
• no right to a place on the co-op’s internal waiting list.
8.2 Addition of a Member
Someone can apply for membership in the co-op as an addition to an existing household. The application must also be signed by all co-op members in the household. The applicant will become part of the household if accepted as a member. If not accepted, the applicant can occupy the unit only as a long-term guest if approved by the board of directors.
8.3 Turning Sixteen
Persons in a member’s household who turn sixteen can apply for membership in the co-op. The application must also be signed by all co-op members in the household. If persons who turn sixteen do not apply for membership or are not accepted as members, they will automatically be considered long-term guests. A long-term guest agreement is not necessary.
8.4 Long-term Guests
(a) Approval needed
Members can make a written request to the board of directors to approve someone as a long-term guest. The request must be signed by all co-op members in the household. The proposed guest must sign the request. The member and the proposed guest must provide any other information requested by the co-op.
(b) Length of time
The board of directors can approve a long-term guest for a fixed period or for a maximum period or for an indefinite period. This must be stated in the board’s approval motion. If approval is for a fixed or maximum period, the person will no longer be a long-term guest at the end of the period. Paragraph (d) (Cancelling long- term guest status) does not apply.
(c) Long-term guest agreement
All members in the household and their guests must sign and comply with a long- term guest agreement, such as Schedule B attached to this By-law. If one of the longterm guests is a child, a responsible adult must sign an agreement relating to the child.
(d) Cancelling long-term guest status
The board of directors can cancel long-term guest status or change the terms of long- term guest status at any time. This includes long-term guests under section 8.3 (Turning Sixteen). The board must give at least ten days written notice to the members in the household and the guest of any meeting where it will be decided. The members in the household can be present and make submissions with or without a representative. The board must give at least five days written notice of its decision to the members in the household and to the guest. The board’s decision will be final and cannot be appealed to the membership. Only one notice of a meeting or a decision needs to be given for all members and others in a unit.
(e) Housing charge subsidy calculation
The income of long-term guests is normally to be included in household income when housing charge subsidy is calculated. This is subject to government requirements and the co-op’s Housing Charge Subsidy By-law, if it has one.
8.5 Casual Guests
Members can have only a reasonable number of casual guests. A casual guest may not stay at the co-op for more than three months in any year. Persons will be considered as staying at the co-op even if they are away from the co-op for short periods. If members wish someone to stay longer, they must ask the board of directors to approve that person as a long-term guest as stated in section 8.4 (Long-term Guests).
8.6 Absence from Unit
(a) Housing charge subsidy
Section 8.6 applies to all members, but special rules can also apply to members who receive housing charge subsidy and want be absent from the co-op.
• Government requirements may state that members who are absent from their unit will lose their housing charge subsidy and it will not be reinstated when they return.
• Government requirements may set a maximum time a member can be absent before losing housing charge subsidy.
• If the co-op has a Housing Charge Subsidy By-law, it may say some of the same things. It may also say that housing charge subsidy will be suspended during some absences without being cancelled. Members who receive housing charge subsidy, and who are thinking about being absence from the co-op, should find out what effect it may have on their housing charge subsidy.
(b) Temporary absence from co-op
A member cannot ask the board of directors to approve someone to occupy their unit as a sub-occupant. No sub-occupants are allowed.
8.7 Evicted Persons
A member cannot permit someone to be a casual or long-term guest without advance written approval from the board of directors if• that person has been evicted from the co-op or has left after a Notice to Appear was issued, or• that person has left the co-op owing money to the co-op, or• that person has left the co-op after an accusation of domestic violence against that person, or• that person was a long-term guest and the co-op took steps to terminate that status.The co-op may treat that person as a trespasser and may remove him or her from co-op property. The member who permits that person on the co-op’s property will be considered in default under this By-law.
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(a) Who is part of a household
In the co-op’s by-laws, household means:
• a member
• any other members living in the unit
• children of the member who are under sixteen and live in the unit
• children of the member who have turned sixteen and continue to live in the unit, and
• long-term guests approved by the board of directors under this Article. Someone is considered a child of a member if they would be considered the member’s child under the Ontario Family Law Act.
(b) Guests
A guest is someone staying in a member’s unit at the same time as the member or someone in the household.
(c) Who is not part of a household
Only persons mentioned in paragraph (a) are part of a member’s household. Other persons can stay in a member’s unit only as casual guests and only if permitted by this By-law. Members must not allow anyone else to use their unit.
(d) Non-member occupants
Occupants of a unit who are not members have:
• no right to occupy the unit independent of the members
• no right to occupy any other unit in the co-op
• no right to a place on the co-op’s internal waiting list.
8.2 Addition of a Member
Someone can apply for membership in the co-op as an addition to an existing household. The application must also be signed by all co-op members in the household. The applicant will become part of the household if accepted as a member. If not accepted, the applicant can occupy the unit only as a long-term guest if approved by the board of directors.
8.3 Turning Sixteen
Persons in a member’s household who turn sixteen can apply for membership in the co-op. The application must also be signed by all co-op members in the household. If persons who turn sixteen do not apply for membership or are not accepted as members, they will automatically be considered long-term guests. A long-term guest agreement is not necessary.
8.4 Long-term Guests
(a) Approval needed
Members can make a written request to the board of directors to approve someone as a long-term guest. The request must be signed by all co-op members in the household. The proposed guest must sign the request. The member and the proposed guest must provide any other information requested by the co-op.
(b) Length of time
The board of directors can approve a long-term guest for a fixed period or for a maximum period or for an indefinite period. This must be stated in the board’s approval motion. If approval is for a fixed or maximum period, the person will no longer be a long-term guest at the end of the period. Paragraph (d) (Cancelling long- term guest status) does not apply.
(c) Long-term guest agreement
All members in the household and their guests must sign and comply with a long- term guest agreement, such as Schedule B attached to this By-law. If one of the longterm guests is a child, a responsible adult must sign an agreement relating to the child.
(d) Cancelling long-term guest status
The board of directors can cancel long-term guest status or change the terms of long- term guest status at any time. This includes long-term guests under section 8.3 (Turning Sixteen). The board must give at least ten days written notice to the members in the household and the guest of any meeting where it will be decided. The members in the household can be present and make submissions with or without a representative. The board must give at least five days written notice of its decision to the members in the household and to the guest. The board’s decision will be final and cannot be appealed to the membership. Only one notice of a meeting or a decision needs to be given for all members and others in a unit.
(e) Housing charge subsidy calculation
The income of long-term guests is normally to be included in household income when housing charge subsidy is calculated. This is subject to government requirements and the co-op’s Housing Charge Subsidy By-law, if it has one.
8.5 Casual Guests
Members can have only a reasonable number of casual guests. A casual guest may not stay at the co-op for more than three months in any year. Persons will be considered as staying at the co-op even if they are away from the co-op for short periods. If members wish someone to stay longer, they must ask the board of directors to approve that person as a long-term guest as stated in section 8.4 (Long-term Guests).
8.6 Absence from Unit
(a) Housing charge subsidy
Section 8.6 applies to all members, but special rules can also apply to members who receive housing charge subsidy and want be absent from the co-op.
• Government requirements may state that members who are absent from their unit will lose their housing charge subsidy and it will not be reinstated when they return.
• Government requirements may set a maximum time a member can be absent before losing housing charge subsidy.
• If the co-op has a Housing Charge Subsidy By-law, it may say some of the same things. It may also say that housing charge subsidy will be suspended during some absences without being cancelled. Members who receive housing charge subsidy, and who are thinking about being absence from the co-op, should find out what effect it may have on their housing charge subsidy.
(b) Temporary absence from co-op
A member cannot ask the board of directors to approve someone to occupy their unit as a sub-occupant. No sub-occupants are allowed.
8.7 Evicted Persons
A member cannot permit someone to be a casual or long-term guest without advance written approval from the board of directors if• that person has been evicted from the co-op or has left after a Notice to Appear was issued, or• that person has left the co-op owing money to the co-op, or• that person has left the co-op after an accusation of domestic violence against that person, or• that person was a long-term guest and the co-op took steps to terminate that status.The co-op may treat that person as a trespasser and may remove him or her from co-op property. The member who permits that person on the co-op’s property will be considered in default under this By-law.
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Article 9: Household Size
9.1 Purpose of Household Size Requirements
The co-op has established minimum household size rules in order to balance the co-op’s obligation to make the best use of co-op property and the right of co-op members to have long-term security in their units.
9.2 When Household Size Rules Apply
The minimum household size rules in this Article apply in the following situations:
(a) New members
A household cannot be allocated a unit and move into the co-op unless the household size meets the minimum requirement for that unit.
(b) Moving to a different unit
A household cannot move to a different unit unless the household size meets the minimum requirement for the new unit or gets closer to it.
(c) Splitting a household
A member cannot move to a new unit while another member remains in the old unit unless the household size in each unit meets the minimum requirement.
(d) When a household is reduced in size
Section 9.4 (Not Meeting Minimum Household Size) applies if a member of the household stops occupying a unit and the remaining members in the household do not meet the minimum requirement for the unit.
9.3 Minimum Household Size
The minimum number of persons for each of the co-op’s unit types is:
• one-bedroom 1 person
• two-bedroom 2 persons
• three-bedroom 3 persons
• four-bedroom 4 persons.
9.4 Not Meeting Minimum Household Size
(a) When this section applies
This section applies when household size no longer meets the minimum requirement for the unit that the household occupies. This could be because a household member gave the co-op a written notice of withdrawal or stopped living in the co-op as a principal residence or because an occupant died.
(b) Requirement to move
The remaining household must move to a unit that meets the minimum requirement if the co-op has one. If the co-op does not have one, the remaining household must move to a unit that is closer to the minimum requirement if the co-op has one. A household can only be required to move once for each time household size is reduced.
(c) Offering unit
The board of directors may offer the remaining household a unit in priority to the internal and external waiting lists. The board can postpone offering an available unit if the board decides that someone ahead of the remaining household on the waiting list should get that unit.
(d) Three offers
The remaining household may refuse the first two units offered to it, but must move to the third unit. A member can be evicted for failing to move to the third unit offered by the board of directors.
(e) Health issues
The board of directors can decide that someone does not have to move under this section for legitimate documented health reasons.
9.5 Reporting Change in Household Size
If the number of persons in a member’s household changes, the member must give written notice of the change to the co-op office within ten days, including the names of the persons involved. This applies whether or not the persons who left or arrived are co-op members.
9.6 Subsidized Households
Subsidized households have to meet any household size standards and other rules in government requirements and in the co-op’s Housing Charge Subsidy By-law, if it has one. These are in addition to what is stated in this Article.
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The co-op has established minimum household size rules in order to balance the co-op’s obligation to make the best use of co-op property and the right of co-op members to have long-term security in their units.
9.2 When Household Size Rules Apply
The minimum household size rules in this Article apply in the following situations:
(a) New members
A household cannot be allocated a unit and move into the co-op unless the household size meets the minimum requirement for that unit.
(b) Moving to a different unit
A household cannot move to a different unit unless the household size meets the minimum requirement for the new unit or gets closer to it.
(c) Splitting a household
A member cannot move to a new unit while another member remains in the old unit unless the household size in each unit meets the minimum requirement.
(d) When a household is reduced in size
Section 9.4 (Not Meeting Minimum Household Size) applies if a member of the household stops occupying a unit and the remaining members in the household do not meet the minimum requirement for the unit.
9.3 Minimum Household Size
The minimum number of persons for each of the co-op’s unit types is:
• one-bedroom 1 person
• two-bedroom 2 persons
• three-bedroom 3 persons
• four-bedroom 4 persons.
9.4 Not Meeting Minimum Household Size
(a) When this section applies
This section applies when household size no longer meets the minimum requirement for the unit that the household occupies. This could be because a household member gave the co-op a written notice of withdrawal or stopped living in the co-op as a principal residence or because an occupant died.
(b) Requirement to move
The remaining household must move to a unit that meets the minimum requirement if the co-op has one. If the co-op does not have one, the remaining household must move to a unit that is closer to the minimum requirement if the co-op has one. A household can only be required to move once for each time household size is reduced.
(c) Offering unit
The board of directors may offer the remaining household a unit in priority to the internal and external waiting lists. The board can postpone offering an available unit if the board decides that someone ahead of the remaining household on the waiting list should get that unit.
(d) Three offers
The remaining household may refuse the first two units offered to it, but must move to the third unit. A member can be evicted for failing to move to the third unit offered by the board of directors.
(e) Health issues
The board of directors can decide that someone does not have to move under this section for legitimate documented health reasons.
9.5 Reporting Change in Household Size
If the number of persons in a member’s household changes, the member must give written notice of the change to the co-op office within ten days, including the names of the persons involved. This applies whether or not the persons who left or arrived are co-op members.
9.6 Subsidized Households
Subsidized households have to meet any household size standards and other rules in government requirements and in the co-op’s Housing Charge Subsidy By-law, if it has one. These are in addition to what is stated in this Article.
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Article 10: How Members Withdraw from the Co-op
10.1 Membership and Occupancy are Linked
Members cannot withdraw from membership without ending their occupancy rights. Members cannot end their occupancy rights without withdrawing from membership. A notice to end occupancy is also a notice to withdraw from membership and a notice to withdraw from membership is also a notice to end occupancy rights.
10.2 Ending Membership and Occupancy
This section applies when all members in a household wish to end membership and occupancy rights. The procedure is based on the requirements of the Co-operative Corporations Act.
(a) Last day of a month
Each member must give advance written notice of termination to the co-op. The notice must state a termination date. The termination date must be the last day of a month. Membership and occupancy rights end on the termination date stated in the notice.
(b) 60 days’ notice
The amount of notice given must be at least 60 days. There is an exception if the termination date is the last day of February or March.
(c) February and March
If the termination date is the last day of February, the notice can be given on or before January 1 of that year. If the termination date is the last day of March, the notice can be given on or before February 1 of that year.
(d) Not enough notice
If a member gives less than the required notice of termination, the termination will still be effective. The termination date will be 60 days after the notice is given. If that is not the last day of a month, the termination date will be the last day of that month.
(e) No withdrawal of notice without consent
Members cannot withdraw a notice of termination without the written consent of the board of directors. The board can refuse to allow members to withdraw a notice oftermination. The board’s refusal will be final and cannot be appealed to the membership.
(f) Vacating early
If all persons in the household vacate the unit earlier than the termination date, the co-op can take possession of the unit and the members and other persons in the household are not entitled to move back in. Membership and occupancy rights end on the day the co-op takes possession. The members will owe housing charges that become due until the original termination date.
(g) If members do not vacate
If all persons in the household do not vacate the unit on the termination date or earlier, the co-op can take legal action for an eviction order. The procedures in Articles 11 to 15 relating to eviction do not apply.
10.3 Part of Household Ends Membership and Occupancy
This section applies if a member stops occupying a unit as a principal residence, but one or more co-op members continues to occupy the unit. This could happen following domestic violence (see section 7.4 (Domestic Violence)) or because a member moved out for any other reason.
(a) Notice procedure
The member who is leaving should follow the procedure in section 10.2 (Ending Membership and Occupancy), as applicable.
(b) When procedure not followed
If the procedure in section 10.2 is not followed by the member who is leaving, that person’s membership and occupancy rights end on the first day that person no longer occupies the unit as a principal residence.
(c) Notice by remaining household
The members who continue to occupy the unit must notify the co-op in writing within ten days after one of the members stops occupying the unit as a principal residence. They must do this whether or not that person gave notice of termination.
(d) Housing charge subsidy
Government requirements or the co-op’s Housing Charge Subsidy By-law, if it has one, may state what happens when one person no longer occupies the unit. Unless they state something else, the remaining members in the household will not be entitled to an increase in housing charge subsidy. If section 7.4 (Domestic Violence) applies, the remaining members may be entitled to emergency housing charge subsidy if available under the co-op by-laws and subject to any applicable government requirements.
10.4 Death of a Member
(a) Membership and occupancy rights end
If a member dies, that person’s membership and occupancy rights end on the date of death.
(b) If no other members occupy the unit
If no other members occupy the unit, the member’s estate will be responsible for housing charges for the month in which the member died and the following month. The estate must remove all of the member’s possessions by the end of that time. The estate and the co-op can agree to an earlier date to end housing charges and to remove possessions. If possessions are not removed by the time required under this paragraph, the co-op can remove and dispose of them without liability to anyone.
(c) If other members occupy the unit
If other members occupy the unit at the date of death, they must give the co-op written notice of the death within one week.
(d) Approved long-term guests
A long-term guest can apply for membership under this paragraph if
• the guest occupied the unit at the time of the member’s death
• the occupancy by the guest was approved by the board of directors, and
• no other member occupied the unit at the time of the member’s death.
A guest who is accepted for membership under this paragraph will be entitled to remain in the unit for the time being, but may be required to move under section 9.4 (Not Meeting Minimum Household Size) if that section applies. The guest will not receive the member’s housing charge subsidy, but might be able to apply under government requirements or the co-op’s Housing Charge Subsidy By-law, if it has one. If a guest does not apply for membership or the application is rejected, the board can evict the guest without using the procedures in Articles 11 to 15 relating to eviction.
10.5 Vacant or Abandoned Unit
If a unit is vacant or abandoned, the co-op can take possession or the board of directors can decide to take legal action. The procedures in Articles 11 to 15 relating to eviction do not apply. Membership and occupancy rights end on the day that the co-op takes possession.
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Members cannot withdraw from membership without ending their occupancy rights. Members cannot end their occupancy rights without withdrawing from membership. A notice to end occupancy is also a notice to withdraw from membership and a notice to withdraw from membership is also a notice to end occupancy rights.
10.2 Ending Membership and Occupancy
This section applies when all members in a household wish to end membership and occupancy rights. The procedure is based on the requirements of the Co-operative Corporations Act.
(a) Last day of a month
Each member must give advance written notice of termination to the co-op. The notice must state a termination date. The termination date must be the last day of a month. Membership and occupancy rights end on the termination date stated in the notice.
(b) 60 days’ notice
The amount of notice given must be at least 60 days. There is an exception if the termination date is the last day of February or March.
(c) February and March
If the termination date is the last day of February, the notice can be given on or before January 1 of that year. If the termination date is the last day of March, the notice can be given on or before February 1 of that year.
(d) Not enough notice
If a member gives less than the required notice of termination, the termination will still be effective. The termination date will be 60 days after the notice is given. If that is not the last day of a month, the termination date will be the last day of that month.
(e) No withdrawal of notice without consent
Members cannot withdraw a notice of termination without the written consent of the board of directors. The board can refuse to allow members to withdraw a notice oftermination. The board’s refusal will be final and cannot be appealed to the membership.
(f) Vacating early
If all persons in the household vacate the unit earlier than the termination date, the co-op can take possession of the unit and the members and other persons in the household are not entitled to move back in. Membership and occupancy rights end on the day the co-op takes possession. The members will owe housing charges that become due until the original termination date.
(g) If members do not vacate
If all persons in the household do not vacate the unit on the termination date or earlier, the co-op can take legal action for an eviction order. The procedures in Articles 11 to 15 relating to eviction do not apply.
10.3 Part of Household Ends Membership and Occupancy
This section applies if a member stops occupying a unit as a principal residence, but one or more co-op members continues to occupy the unit. This could happen following domestic violence (see section 7.4 (Domestic Violence)) or because a member moved out for any other reason.
(a) Notice procedure
The member who is leaving should follow the procedure in section 10.2 (Ending Membership and Occupancy), as applicable.
(b) When procedure not followed
If the procedure in section 10.2 is not followed by the member who is leaving, that person’s membership and occupancy rights end on the first day that person no longer occupies the unit as a principal residence.
(c) Notice by remaining household
The members who continue to occupy the unit must notify the co-op in writing within ten days after one of the members stops occupying the unit as a principal residence. They must do this whether or not that person gave notice of termination.
(d) Housing charge subsidy
Government requirements or the co-op’s Housing Charge Subsidy By-law, if it has one, may state what happens when one person no longer occupies the unit. Unless they state something else, the remaining members in the household will not be entitled to an increase in housing charge subsidy. If section 7.4 (Domestic Violence) applies, the remaining members may be entitled to emergency housing charge subsidy if available under the co-op by-laws and subject to any applicable government requirements.
10.4 Death of a Member
(a) Membership and occupancy rights end
If a member dies, that person’s membership and occupancy rights end on the date of death.
(b) If no other members occupy the unit
If no other members occupy the unit, the member’s estate will be responsible for housing charges for the month in which the member died and the following month. The estate must remove all of the member’s possessions by the end of that time. The estate and the co-op can agree to an earlier date to end housing charges and to remove possessions. If possessions are not removed by the time required under this paragraph, the co-op can remove and dispose of them without liability to anyone.
(c) If other members occupy the unit
If other members occupy the unit at the date of death, they must give the co-op written notice of the death within one week.
(d) Approved long-term guests
A long-term guest can apply for membership under this paragraph if
• the guest occupied the unit at the time of the member’s death
• the occupancy by the guest was approved by the board of directors, and
• no other member occupied the unit at the time of the member’s death.
A guest who is accepted for membership under this paragraph will be entitled to remain in the unit for the time being, but may be required to move under section 9.4 (Not Meeting Minimum Household Size) if that section applies. The guest will not receive the member’s housing charge subsidy, but might be able to apply under government requirements or the co-op’s Housing Charge Subsidy By-law, if it has one. If a guest does not apply for membership or the application is rejected, the board can evict the guest without using the procedures in Articles 11 to 15 relating to eviction.
10.5 Vacant or Abandoned Unit
If a unit is vacant or abandoned, the co-op can take possession or the board of directors can decide to take legal action. The procedures in Articles 11 to 15 relating to eviction do not apply. Membership and occupancy rights end on the day that the co-op takes possession.
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Article 11: Dealing with Arrears and Late Payment
11.1 Eviction for Arrears or Persistent Late Payment
The board of directors can evict a member if the member owes housing charges to the co-op or is persistently late in payment of housing charges.
11.2 Non-Payment and Late Payment
(a) Procedures
This section states procedures to ensure that member arrears are dealt with quickly and fairly. The board of directors can change these procedures if it decides that other procedures would be better. A Notice to Appear for arrears can be issued without following the procedures in this section.
(b) Late payment letter
The manager will send a late payment letter to each member who did not pay housing charges in full or arrange an arrears payment agreement by noon on the housing charge payment day. The letter will normally be sent before the end of the housing charge payment day. Only one letter needs to be sent for all members and others in a unit.
(c) Notice to Appear
The manager will give a Notice to Appear to each member who has not paid housing charges in full or has not arranged an arrears payment agreement. This will normally be done on the seventh day after the housing charge payment day.
(d) Persistent late payment
Late payment includes
• failure to pay the full amount owing, and
• a failed payment as described in section 11.3(a) (Failed Payment).
Late payment of housing charges three times in any year will be considered persistent late payment. The manager will give a Notice to Appear to each member who is late paying for the third time in any year. If the member is in arrears, a single Notice to Appear can be given for both the arrears and the late payment.
(e) Advance notice of lateness
If for legitimate reasons of financial hardship, a member cannot pay housing charges by noon on the housing charge payment day, the member must let the manager know before the housing charge payment day. The manager will decide if the reasons are legitimate. In that case, an arrears payment agreement may be arranged by the manager if permitted under section 11.6 (Arrears Payment Agreements) or a request for an arrears payment agreement may be submitted to the board of directors.
11.3 Replacement Payment
(a) Failed Payment
A “failed payment” includes:• a cheque is returned to the co-op by the bank or financial institution• payment is not made to the co-op under a pre-authorized debit plan, pre- authorized payment plan or other pre-authorized plan.In case of a cheque this could happened because the cheque is marked NSF (not sufficient funds), Stop Payment, Account Closed or for any reasons. The same reasons and other reasons could apply in the case of a pre-authorized plan. The reason does not matter if the funds are not paid or credited to the co-op.
(b) Replacement payment required
A member must replace a failed payment within two business days of being notified by the co-op (not counting weekends or public holidays). Only one notice needs to be given for all members and others in a unit. A failed payment must be replaced by a certified cheque or money order or the payment must be made by debit card, if available at the co-op.
(c) Notice to Appear
If the member does not replace the failed payment as required under paragraph (b), the manager will give a Notice to Appear to the member.
(d) Future payments
If the members in a household have two failed payments within a year, then for the next year the members must pay housing charges by certified cheque, money order or debit card, if available at the co-op. The co-op will not accept payment in any other form.
11.4 Late Payment and Failed Payment
(a) Late payment charges
A member that does not pay the full housing charges by noon on the housing charge payment day in any month and has not arranged an arrears payment agreement will be charged a late payment charge of $25.00 per household. This amount may be increased by the members at a general meeting.
(b) Failed payment charges
A member will pay the amount charged to the co-op by its bank or credit union for a returned cheque or other failed payment. This is in addition to the late payment charge, if applicable.
(c) Charges are arrears
Members who do not pay their late payment charges and failed payment charges(as well as other amounts owing to the co-op) will be considered in arrears.
(d) Crediting payments
Money received from members will be credited first to amounts owing to the co-op other than regular monthly housing charges and then to regular monthly housing charges. It does not matter what is stated on any cheque, covering letter or other communication. The only exception is if an arrears payment agreement says something else.
11.5 Directors in Arrears
(a) Directors’ arrears policy
If directors are in arrears, it:
• undermines the co-op’s governance
• weakens the co-op’s financial management
• sends the wrong message to members of the co-op and to government.
(b) No director arrears
A director must not owe any money to the co-op other than future payments for a member deposit. A director must have a signed payment agreement for these payments.
(c) Procedure for director arrears
If a director is in arrears, the manager will follow the steps in section 11.2 (Non- Payment and Late Payment). The manager will also report to the board of directors on the director’s arrears at the next board meeting if the arrears are not paid in full by that time. If still in arrears, the director will automatically cease to be a member of the board at the beginning of the meeting.
If there is any dispute about whether there are arrears, the director must state it in writing and deliver it to the manager before the next board meeting. In that case the director will still be on the board at the beginning of the meeting and can explain the dispute. The board will decide the dispute. The board decision is final. If the board decides the director is in arrears, then the director will automatically cease to be member of the board as soon as the decision is made. If the board does not make a decision, the director will automatically cease to be a member of the board at the end of the meeting.
(d) Arrears payment agreements
Directors can sign arrears payment agreements like other members, but they will cease to be directors when they sign an arrears payment agreement. This does not apply to member deposit payment agreements.
11.6 Arrears Payment Agreements
(a) Before Notice to Appear
This Article applies to arrears payment agreements made with a member before a Notice to Appear has been issued. If a Notice to Appear has been issued and has not been decided by the board of directors, or an eviction decision has been made and is still outstanding, any agreement will be governed by Article 14 (Alternatives) or Article 16 (Legal Action).
(b) Limits of manager’s authority
The manager has the authority to approve the first request from a household for an arrears payment agreement made in a year as long as the agreement provides for full payment within 60 days in addition to the normal housing charges within that time.
(c) Board approval needed
Approval by the board of directors is required:
• for additional arrears payment agreements within a year
• for an arrears payment agreement where full payment will not be made within 60 days in addition to the normal housing charges within that time.
(d) Procedure for additional arrears payment agreements
If a member requests an additional arrears payment agreement within a year, the manager will submit the request to the board of directors along with payment terms that the member suggests. If the member goes into arrears, or deeper into arrears, before the board considers the request and section 11.2(c) (Notice to Appear) applies, the manager will issue a Notice to Appear in addition to submitting the request.
(e) Limits
Generally, the co-op will not approve more than one arrears payment agreement for a household in a year or an arrears payment agreement where full payment will not be made within 60 days.
(f) Non-payment
If a member does not make the payments stated in an arrears payment agreement, the manager will give each co-op member in the household a Notice to Appear. This does not apply if the arrears payment agreement states something else.
11.7 Notice to Appear for Arrears or Persistent Late Payment
(a) Issuing Notice to Appear
A Notice to Appear for arrears or Persistent Late Payment (or both) must contain the information in Schedule C attached to this By-law. It must be given at least ten days before the board of directors’ meeting where it will be considered.
(b) Termination date
The proposed termination date in the Notice to Appear will be ten days after the board of directors’ meeting or later.
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The board of directors can evict a member if the member owes housing charges to the co-op or is persistently late in payment of housing charges.
11.2 Non-Payment and Late Payment
(a) Procedures
This section states procedures to ensure that member arrears are dealt with quickly and fairly. The board of directors can change these procedures if it decides that other procedures would be better. A Notice to Appear for arrears can be issued without following the procedures in this section.
(b) Late payment letter
The manager will send a late payment letter to each member who did not pay housing charges in full or arrange an arrears payment agreement by noon on the housing charge payment day. The letter will normally be sent before the end of the housing charge payment day. Only one letter needs to be sent for all members and others in a unit.
(c) Notice to Appear
The manager will give a Notice to Appear to each member who has not paid housing charges in full or has not arranged an arrears payment agreement. This will normally be done on the seventh day after the housing charge payment day.
(d) Persistent late payment
Late payment includes
• failure to pay the full amount owing, and
• a failed payment as described in section 11.3(a) (Failed Payment).
Late payment of housing charges three times in any year will be considered persistent late payment. The manager will give a Notice to Appear to each member who is late paying for the third time in any year. If the member is in arrears, a single Notice to Appear can be given for both the arrears and the late payment.
(e) Advance notice of lateness
If for legitimate reasons of financial hardship, a member cannot pay housing charges by noon on the housing charge payment day, the member must let the manager know before the housing charge payment day. The manager will decide if the reasons are legitimate. In that case, an arrears payment agreement may be arranged by the manager if permitted under section 11.6 (Arrears Payment Agreements) or a request for an arrears payment agreement may be submitted to the board of directors.
11.3 Replacement Payment
(a) Failed Payment
A “failed payment” includes:• a cheque is returned to the co-op by the bank or financial institution• payment is not made to the co-op under a pre-authorized debit plan, pre- authorized payment plan or other pre-authorized plan.In case of a cheque this could happened because the cheque is marked NSF (not sufficient funds), Stop Payment, Account Closed or for any reasons. The same reasons and other reasons could apply in the case of a pre-authorized plan. The reason does not matter if the funds are not paid or credited to the co-op.
(b) Replacement payment required
A member must replace a failed payment within two business days of being notified by the co-op (not counting weekends or public holidays). Only one notice needs to be given for all members and others in a unit. A failed payment must be replaced by a certified cheque or money order or the payment must be made by debit card, if available at the co-op.
(c) Notice to Appear
If the member does not replace the failed payment as required under paragraph (b), the manager will give a Notice to Appear to the member.
(d) Future payments
If the members in a household have two failed payments within a year, then for the next year the members must pay housing charges by certified cheque, money order or debit card, if available at the co-op. The co-op will not accept payment in any other form.
11.4 Late Payment and Failed Payment
(a) Late payment charges
A member that does not pay the full housing charges by noon on the housing charge payment day in any month and has not arranged an arrears payment agreement will be charged a late payment charge of $25.00 per household. This amount may be increased by the members at a general meeting.
(b) Failed payment charges
A member will pay the amount charged to the co-op by its bank or credit union for a returned cheque or other failed payment. This is in addition to the late payment charge, if applicable.
(c) Charges are arrears
Members who do not pay their late payment charges and failed payment charges(as well as other amounts owing to the co-op) will be considered in arrears.
(d) Crediting payments
Money received from members will be credited first to amounts owing to the co-op other than regular monthly housing charges and then to regular monthly housing charges. It does not matter what is stated on any cheque, covering letter or other communication. The only exception is if an arrears payment agreement says something else.
11.5 Directors in Arrears
(a) Directors’ arrears policy
If directors are in arrears, it:
• undermines the co-op’s governance
• weakens the co-op’s financial management
• sends the wrong message to members of the co-op and to government.
(b) No director arrears
A director must not owe any money to the co-op other than future payments for a member deposit. A director must have a signed payment agreement for these payments.
(c) Procedure for director arrears
If a director is in arrears, the manager will follow the steps in section 11.2 (Non- Payment and Late Payment). The manager will also report to the board of directors on the director’s arrears at the next board meeting if the arrears are not paid in full by that time. If still in arrears, the director will automatically cease to be a member of the board at the beginning of the meeting.
If there is any dispute about whether there are arrears, the director must state it in writing and deliver it to the manager before the next board meeting. In that case the director will still be on the board at the beginning of the meeting and can explain the dispute. The board will decide the dispute. The board decision is final. If the board decides the director is in arrears, then the director will automatically cease to be member of the board as soon as the decision is made. If the board does not make a decision, the director will automatically cease to be a member of the board at the end of the meeting.
(d) Arrears payment agreements
Directors can sign arrears payment agreements like other members, but they will cease to be directors when they sign an arrears payment agreement. This does not apply to member deposit payment agreements.
11.6 Arrears Payment Agreements
(a) Before Notice to Appear
This Article applies to arrears payment agreements made with a member before a Notice to Appear has been issued. If a Notice to Appear has been issued and has not been decided by the board of directors, or an eviction decision has been made and is still outstanding, any agreement will be governed by Article 14 (Alternatives) or Article 16 (Legal Action).
(b) Limits of manager’s authority
The manager has the authority to approve the first request from a household for an arrears payment agreement made in a year as long as the agreement provides for full payment within 60 days in addition to the normal housing charges within that time.
(c) Board approval needed
Approval by the board of directors is required:
• for additional arrears payment agreements within a year
• for an arrears payment agreement where full payment will not be made within 60 days in addition to the normal housing charges within that time.
(d) Procedure for additional arrears payment agreements
If a member requests an additional arrears payment agreement within a year, the manager will submit the request to the board of directors along with payment terms that the member suggests. If the member goes into arrears, or deeper into arrears, before the board considers the request and section 11.2(c) (Notice to Appear) applies, the manager will issue a Notice to Appear in addition to submitting the request.
(e) Limits
Generally, the co-op will not approve more than one arrears payment agreement for a household in a year or an arrears payment agreement where full payment will not be made within 60 days.
(f) Non-payment
If a member does not make the payments stated in an arrears payment agreement, the manager will give each co-op member in the household a Notice to Appear. This does not apply if the arrears payment agreement states something else.
11.7 Notice to Appear for Arrears or Persistent Late Payment
(a) Issuing Notice to Appear
A Notice to Appear for arrears or Persistent Late Payment (or both) must contain the information in Schedule C attached to this By-law. It must be given at least ten days before the board of directors’ meeting where it will be considered.
(b) Termination date
The proposed termination date in the Notice to Appear will be ten days after the board of directors’ meeting or later.
Occupancy By-law Second Edition – ©2016 Co-operative Housing Federation of Canada & Co-operative Housing Federation of Toronto 39
Article 12: Dealing with Problems
12.1 Eviction
The board of directors can evict a member if the member has broken the by-laws in a way the board considers serious or someone the member is responsible for under the by-laws has done so. This includes repeated breaches of the by-laws that the board considers serious even if the situation was corrected after notice was given.
12.2 Notice to Appear
(a) When Notice to Appear required
A Notice to Appear must be given to a member before the board of directors can decide to evict the member. It must be given at least ten days before the board meeting where it will be considered.
(b) Information in Notice to Appear
A Notice to Appear under this Article must contain the information in Schedule D attached to this By-law.
(c) Additional information
When a Notice to Appear is given to a member, it should include copies of any written materials that the board of directors may consider at the meeting. Examples would be a report from the manager on the background and letters of complaint from others. The name of the person who complained and details that could identify that person can be deleted if reprisals are a possibility or for other good reasons. Irrelevant parts of the written materials may be deleted. Correspondence and notices between the co-op and the member do not have to be included.
(d) Termination date in Notice to Appear
The proposed termination date in the Notice to Appear will be ten days after the board of directors meeting or later. If there is a right of appeal to the membership under this By-law, the proposed termination date in the Notice to Appear will be at least twenty days after the board meeting.
12.3 Deciding to Give a Notice to Appear
(a) No prejudgment
The board of directors can decide to issue a Notice to Appear. When making this decision, the board must not prejudge the situation. It cannot make any conclusion about evicting without following the Notice to Appear process in this By-law.
(b) Other by-laws may apply
When a complaint is received by the board of directors or staff, or when the board or staff becomes aware of any problem, it may be dealt with under other by-laws, such as a Human Rights By-law or a Member Relations By-law, if the co-op has those by- laws. In addition, the board or the manager can decide to issue a Notice to Appear instead of following the procedures in other by-laws that could be applicable.
12.4 Co-op Limits
(a) Factors to consider
There may be problem situations where the co-op should not take action even if there has been a breach of this By-law or other co-op by-laws. The board of directors has to consider things like:
• the evidence available about what happened
• the seriousness of what happened
• the appropriateness of eviction as a response
• the costs involved in evicting someone.
(b) No co-op liability
The co-op has no liability to anyone for prohibited conduct or other misbehaviour by a member or anyone else, even if the prohibited conduct or misbehaviour is a breach of this By-law or other co-op by-laws. The co-op has no obligation to issue a Notice to Appear or a No Trespass Notice in any specific case or to take any steps towards eviction. An exception is that the co-op could have liability if the person is acting officially on behalf of the co-op.
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The board of directors can evict a member if the member has broken the by-laws in a way the board considers serious or someone the member is responsible for under the by-laws has done so. This includes repeated breaches of the by-laws that the board considers serious even if the situation was corrected after notice was given.
12.2 Notice to Appear
(a) When Notice to Appear required
A Notice to Appear must be given to a member before the board of directors can decide to evict the member. It must be given at least ten days before the board meeting where it will be considered.
(b) Information in Notice to Appear
A Notice to Appear under this Article must contain the information in Schedule D attached to this By-law.
(c) Additional information
When a Notice to Appear is given to a member, it should include copies of any written materials that the board of directors may consider at the meeting. Examples would be a report from the manager on the background and letters of complaint from others. The name of the person who complained and details that could identify that person can be deleted if reprisals are a possibility or for other good reasons. Irrelevant parts of the written materials may be deleted. Correspondence and notices between the co-op and the member do not have to be included.
(d) Termination date in Notice to Appear
The proposed termination date in the Notice to Appear will be ten days after the board of directors meeting or later. If there is a right of appeal to the membership under this By-law, the proposed termination date in the Notice to Appear will be at least twenty days after the board meeting.
12.3 Deciding to Give a Notice to Appear
(a) No prejudgment
The board of directors can decide to issue a Notice to Appear. When making this decision, the board must not prejudge the situation. It cannot make any conclusion about evicting without following the Notice to Appear process in this By-law.
(b) Other by-laws may apply
When a complaint is received by the board of directors or staff, or when the board or staff becomes aware of any problem, it may be dealt with under other by-laws, such as a Human Rights By-law or a Member Relations By-law, if the co-op has those by- laws. In addition, the board or the manager can decide to issue a Notice to Appear instead of following the procedures in other by-laws that could be applicable.
12.4 Co-op Limits
(a) Factors to consider
There may be problem situations where the co-op should not take action even if there has been a breach of this By-law or other co-op by-laws. The board of directors has to consider things like:
• the evidence available about what happened
• the seriousness of what happened
• the appropriateness of eviction as a response
• the costs involved in evicting someone.
(b) No co-op liability
The co-op has no liability to anyone for prohibited conduct or other misbehaviour by a member or anyone else, even if the prohibited conduct or misbehaviour is a breach of this By-law or other co-op by-laws. The co-op has no obligation to issue a Notice to Appear or a No Trespass Notice in any specific case or to take any steps towards eviction. An exception is that the co-op could have liability if the person is acting officially on behalf of the co-op.
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Article 13: Eviction Procedures
13.1 Board Meeting on Notice to Appear
(a) Member and representative can attend meeting
When a Notice to Appear has been given, the member can appear at the board of directors meeting and can have a lawyer or other representative. The member and a representative can speak at the meeting. They can also deliver written statements at the meeting or before the meeting. They can take notes but cannot record the meeting, whether by tape or any other device. The board sets the procedure for the meeting. The board can limit the number of people brought by the member.
(b) Continuing meeting
If the board of directors decides to continue the meeting on another date, no new Notice to Appear is required if the time and place to continue the meeting is announced at the original meeting.
(c) Making decision
The board of directors makes an eviction decision by passing a resolution to evict a member. A quorum of the board must be present and there must be a majority vote. The board decision should state the grounds of eviction on which the decision is based and the termination date. The board can make its decision using Schedule E or Schedule F attached to this By-law. The minutes do not have to state who made or seconded the motion to pass the resolution or how each director voted.
(d) Date of termination
The decision can state a termination date that is later than the proposed date in the Notice to Appear.
(e) Notice of decision
Written notice of a decision to evict must be given to the member within ten days after the board of directors meeting. Schedule G or Schedule H attached to this By- law can be used for the notice. The Notice should normally include a copy of the eviction decision.
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(a) Member and representative can attend meeting
When a Notice to Appear has been given, the member can appear at the board of directors meeting and can have a lawyer or other representative. The member and a representative can speak at the meeting. They can also deliver written statements at the meeting or before the meeting. They can take notes but cannot record the meeting, whether by tape or any other device. The board sets the procedure for the meeting. The board can limit the number of people brought by the member.
(b) Continuing meeting
If the board of directors decides to continue the meeting on another date, no new Notice to Appear is required if the time and place to continue the meeting is announced at the original meeting.
(c) Making decision
The board of directors makes an eviction decision by passing a resolution to evict a member. A quorum of the board must be present and there must be a majority vote. The board decision should state the grounds of eviction on which the decision is based and the termination date. The board can make its decision using Schedule E or Schedule F attached to this By-law. The minutes do not have to state who made or seconded the motion to pass the resolution or how each director voted.
(d) Date of termination
The decision can state a termination date that is later than the proposed date in the Notice to Appear.
(e) Notice of decision
Written notice of a decision to evict must be given to the member within ten days after the board of directors meeting. Schedule G or Schedule H attached to this By- law can be used for the notice. The Notice should normally include a copy of the eviction decision.
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Article 14: Alternatives to Eviction
14.1 Alternatives
The board of directors can take steps to deal with issues without eviction. These could happen after a Notice to Appear was issued or without a Notice to Appear. Some examples are:
• mediation, which could be paid for by the co-op
• limiting access by a member or another person to the co-op staff or office or other parts of co-op property or requiring different ways of access
• limiting or prohibiting access by non-residents to co-op property
• limiting contact between certain households or household members
• sending a warning letter
• signing an arrears payment agreement
• signing a performance agreement
• having a conditional eviction decision.
14.2 Conditional Eviction Decisions
When a Notice to Appear is considered by the board of directors, the board can decide to evict a member, but also decide that the eviction will not go ahead if the member meets conditions stated in the decision, such as that the member does something or stops doing something as stated in the decision.
14.3 Performance Agreements
The board of directors can decide to sign a performance agreement in different situations. Examples include:
• A condition under section 14.2 (Conditional Eviction Decisions) could be that the member sign and comply with a performance agreement (including an arrears payment agreement).
• The board could decide not to pass an eviction decision if a performance agreement is signed.
• The board could decide to sign a performance agreement instead of issuing or considering a Notice to Appear. Sample performance agreements are in Schedules I and J of this By-law.
14.4 Information to Others
(a) Limited information
The board of directors must limit information about a performance agreement or conditional eviction decision that it gives to a member who complained and to others.
(b) What can be disclosed
A performance agreement can state what information can be given to other people. If it does not state this, the board of directors can decide to disclose that there is a performance agreement but not personal information that led to the agreement. The board may be able to disclose some of the details of the agreement that do not involve sensitive information.
(c) Example
For example, someone who complained can be told that there is a performance agreement that includes not playing the radio after 10.00 p.m., but not about other parts of the agreement that relate to medical treatment of the member involved.
14.5 Non-Performance by Member
(a) If member breaks conditions in eviction decision
If a member does not perform the conditions stated in a conditional eviction decision, the co-op can go ahead with the eviction. The board of directors can decide to go ahead or the manager can be authorized to do so. The decision will be final and cannot be appealed to the membership. The member will be given at least ten days’ notice of the decision. The notice must state the termination date and details of the breach of the conditions. The member’s membership and occupancy rights end at the end of the notice period.
(b) If member breaks performance agreement
If a member does not comply with a performance agreement required by a conditional eviction decision, paragraph (a) applies. If the performance agreement was not required by a conditional eviction decision, the board of directors must issue a Notice to Appear if it wishes to consider eviction.
14.6 Authorization of Performance Agreements
All performance agreements must be authorized by the board of directors except as stated in section 11.6 (Arrears Payment Agreements). The board can authorize the manager or someone else to decide on a performance agreement and/or to approve the actual wording of a performance agreement.
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The board of directors can take steps to deal with issues without eviction. These could happen after a Notice to Appear was issued or without a Notice to Appear. Some examples are:
• mediation, which could be paid for by the co-op
• limiting access by a member or another person to the co-op staff or office or other parts of co-op property or requiring different ways of access
• limiting or prohibiting access by non-residents to co-op property
• limiting contact between certain households or household members
• sending a warning letter
• signing an arrears payment agreement
• signing a performance agreement
• having a conditional eviction decision.
14.2 Conditional Eviction Decisions
When a Notice to Appear is considered by the board of directors, the board can decide to evict a member, but also decide that the eviction will not go ahead if the member meets conditions stated in the decision, such as that the member does something or stops doing something as stated in the decision.
14.3 Performance Agreements
The board of directors can decide to sign a performance agreement in different situations. Examples include:
• A condition under section 14.2 (Conditional Eviction Decisions) could be that the member sign and comply with a performance agreement (including an arrears payment agreement).
• The board could decide not to pass an eviction decision if a performance agreement is signed.
• The board could decide to sign a performance agreement instead of issuing or considering a Notice to Appear. Sample performance agreements are in Schedules I and J of this By-law.
14.4 Information to Others
(a) Limited information
The board of directors must limit information about a performance agreement or conditional eviction decision that it gives to a member who complained and to others.
(b) What can be disclosed
A performance agreement can state what information can be given to other people. If it does not state this, the board of directors can decide to disclose that there is a performance agreement but not personal information that led to the agreement. The board may be able to disclose some of the details of the agreement that do not involve sensitive information.
(c) Example
For example, someone who complained can be told that there is a performance agreement that includes not playing the radio after 10.00 p.m., but not about other parts of the agreement that relate to medical treatment of the member involved.
14.5 Non-Performance by Member
(a) If member breaks conditions in eviction decision
If a member does not perform the conditions stated in a conditional eviction decision, the co-op can go ahead with the eviction. The board of directors can decide to go ahead or the manager can be authorized to do so. The decision will be final and cannot be appealed to the membership. The member will be given at least ten days’ notice of the decision. The notice must state the termination date and details of the breach of the conditions. The member’s membership and occupancy rights end at the end of the notice period.
(b) If member breaks performance agreement
If a member does not comply with a performance agreement required by a conditional eviction decision, paragraph (a) applies. If the performance agreement was not required by a conditional eviction decision, the board of directors must issue a Notice to Appear if it wishes to consider eviction.
14.6 Authorization of Performance Agreements
All performance agreements must be authorized by the board of directors except as stated in section 11.6 (Arrears Payment Agreements). The board can authorize the manager or someone else to decide on a performance agreement and/or to approve the actual wording of a performance agreement.
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Article 15: Appeals to Membership
15.1 When a Member Can Appeal
A member can appeal a board of directors’ eviction decision to the membership if the grounds of termination are not:
• Arrears
• Persistent late payment
• Domestic violence
• An act involving drugs or violence
• An illegal act, or
• An act or failure to act that impairs the safety of others.
15.2 How to Appeal
(a) Notice of appeal
A member who wants to appeal must give written notice to the co-op office within seven days after notice of the eviction decision was given.
(b) Member’s statement
A member who appeals can include a written statement with the notice of appeal. The board of directors will give a copy of the statement to each member with the notice of meeting or separately before the meeting. This paragraph is limited by the Co-operative Corporations Act.
(c) Board statement
If the member delivers a written statement that is distributed to the membership, the board of directors can deliver a written statement in response.
(d) Date of members’ meeting
The members’ meeting to decide on the appeal must be at least fourteen days after the notice of appeal is received. The board of directors can call a special meeting to decide on the appeal or put the appeal on the agenda for another members’ meeting.
15.3 Appeal Information
(a) Limited information on agenda
When an eviction appeal is on the agenda for a members’ meeting, the agenda will only state that there is an appeal, the name of the member or members who appealed, the unit address and a short statement of the grounds for eviction.
(b) Information package
The co-op will prepare an information package that includes only:
• the Notice to Appear including anything attached to it
• the eviction decision
• other written information that was presented by the member or anyone else at the board of directors meeting that made the decision.The information does not include a member’s statement referred to in sections 15.2(b) (Member’s Statement) and 15.2(c) (Board Statement). Those sections will apply if the member delivers a statement under them.
(c) Personal information about others in information package
The board of directors may decide to omit names and/or personal information about others from the information package unless those persons give written consent to including that information.
(d) Available at office and at members’ meeting
Members may come to the co-op office during ordinary office hours after delivery of the agenda and before the members’ meeting and read the information package. The information package will be available to all members at the meeting. Copies may not be made except by the co-op and the member who appealed.
(e) Request to distribute information
The information package will not be distributed in advance of the meeting unless the member who appealed requests it before delivery of notice of the meeting. In that case the Notice to Appear and eviction decision will be distributed, but the board of directors may decide not to distribute some or all of the other information.
(f) Disclosure at members’ meeting
Discussion at the members’ meeting will normally be limited to things mentioned in the information package. If the member or member’s representative brings up other things, then the board of directors or staff can disclose other relevant information, including personal information about the member.
(g) Personal information about others at members’ meeting
If anyone wishes to raise personal information about others that is not in the information package, section 17.1(b) applies (When members raise things about someone else). This may limit the information that can be stated by the board of directors, staff or member who appealed.
15.4 Procedure at Members’ meeting
(a) Chair
The board of directors will decide whether the meeting will be chaired by the president, another director or an outside person.
(b) Member and representative can attend meeting
The member who appealed has the right to attend and vote at the members’ meeting. The member can have a lawyer or other representative at the meeting. The member and any representative can speak at the meeting. They can also deliver written statements at the meeting.
(c) No taping
People present at the meeting can take notes but cannot record the meeting, whether by tape or any other device.
(d) Secret ballot
Voting on motions about the eviction decision will be by secret ballot. This does not include procedural motions, such as a motion to end debate.
(e) Quorum
The quorum at the meeting will be the normal quorum as stated in the Organizational By-law. If the quorum is not present thirty minutes after the meeting is scheduled to start, or a quorum is not present at the time of the vote, the board of directors’ decision is confirmed. The meeting cannot be continued on a later date.
(f) Membership decision
The members’ meeting can confirm the board of directors’ eviction decision, or replace it with any other decision which the board could have made. This includes changing any terms and conditions for a performance agreement or a conditional eviction. A simple majority vote is needed. The board decision is confirmed if the meeting does not pass a motion to change the board decision.
(g) Effective date of decision
If a member appeals an eviction, the decision is not effective until the appeal is decided or dropped. If the appeal is not successful, the termination date will be the latest of:
• the second day after the members’ meeting
• the date stated in the eviction decision
• a later date decided by the members at the meeting.
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A member can appeal a board of directors’ eviction decision to the membership if the grounds of termination are not:
• Arrears
• Persistent late payment
• Domestic violence
• An act involving drugs or violence
• An illegal act, or
• An act or failure to act that impairs the safety of others.
15.2 How to Appeal
(a) Notice of appeal
A member who wants to appeal must give written notice to the co-op office within seven days after notice of the eviction decision was given.
(b) Member’s statement
A member who appeals can include a written statement with the notice of appeal. The board of directors will give a copy of the statement to each member with the notice of meeting or separately before the meeting. This paragraph is limited by the Co-operative Corporations Act.
(c) Board statement
If the member delivers a written statement that is distributed to the membership, the board of directors can deliver a written statement in response.
(d) Date of members’ meeting
The members’ meeting to decide on the appeal must be at least fourteen days after the notice of appeal is received. The board of directors can call a special meeting to decide on the appeal or put the appeal on the agenda for another members’ meeting.
15.3 Appeal Information
(a) Limited information on agenda
When an eviction appeal is on the agenda for a members’ meeting, the agenda will only state that there is an appeal, the name of the member or members who appealed, the unit address and a short statement of the grounds for eviction.
(b) Information package
The co-op will prepare an information package that includes only:
• the Notice to Appear including anything attached to it
• the eviction decision
• other written information that was presented by the member or anyone else at the board of directors meeting that made the decision.The information does not include a member’s statement referred to in sections 15.2(b) (Member’s Statement) and 15.2(c) (Board Statement). Those sections will apply if the member delivers a statement under them.
(c) Personal information about others in information package
The board of directors may decide to omit names and/or personal information about others from the information package unless those persons give written consent to including that information.
(d) Available at office and at members’ meeting
Members may come to the co-op office during ordinary office hours after delivery of the agenda and before the members’ meeting and read the information package. The information package will be available to all members at the meeting. Copies may not be made except by the co-op and the member who appealed.
(e) Request to distribute information
The information package will not be distributed in advance of the meeting unless the member who appealed requests it before delivery of notice of the meeting. In that case the Notice to Appear and eviction decision will be distributed, but the board of directors may decide not to distribute some or all of the other information.
(f) Disclosure at members’ meeting
Discussion at the members’ meeting will normally be limited to things mentioned in the information package. If the member or member’s representative brings up other things, then the board of directors or staff can disclose other relevant information, including personal information about the member.
(g) Personal information about others at members’ meeting
If anyone wishes to raise personal information about others that is not in the information package, section 17.1(b) applies (When members raise things about someone else). This may limit the information that can be stated by the board of directors, staff or member who appealed.
15.4 Procedure at Members’ meeting
(a) Chair
The board of directors will decide whether the meeting will be chaired by the president, another director or an outside person.
(b) Member and representative can attend meeting
The member who appealed has the right to attend and vote at the members’ meeting. The member can have a lawyer or other representative at the meeting. The member and any representative can speak at the meeting. They can also deliver written statements at the meeting.
(c) No taping
People present at the meeting can take notes but cannot record the meeting, whether by tape or any other device.
(d) Secret ballot
Voting on motions about the eviction decision will be by secret ballot. This does not include procedural motions, such as a motion to end debate.
(e) Quorum
The quorum at the meeting will be the normal quorum as stated in the Organizational By-law. If the quorum is not present thirty minutes after the meeting is scheduled to start, or a quorum is not present at the time of the vote, the board of directors’ decision is confirmed. The meeting cannot be continued on a later date.
(f) Membership decision
The members’ meeting can confirm the board of directors’ eviction decision, or replace it with any other decision which the board could have made. This includes changing any terms and conditions for a performance agreement or a conditional eviction. A simple majority vote is needed. The board decision is confirmed if the meeting does not pass a motion to change the board decision.
(g) Effective date of decision
If a member appeals an eviction, the decision is not effective until the appeal is decided or dropped. If the appeal is not successful, the termination date will be the latest of:
• the second day after the members’ meeting
• the date stated in the eviction decision
• a later date decided by the members at the meeting.
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Article 16: Legal Action
16.1 Enforcing Eviction Decisions
Unless the board of directors decides something else, the co-op manager is authorized to start legal action as a result of decisions under previous sections. The board can limit the manager’s authority, either generally or in specific cases. The board can designate a director or someone else to work with the manager. The board can choose another person instead of the manager, either generally or in specific cases. Unless the board decides something else, the manager or the other person is authorized to:
• give all necessary directions to the co-op’s lawyers and paralegals
• act as agent for the co-op on court actions and at the Landlord and Tenant Board
• make a settlement or other agreement, and
• refer any matter back to the board if necessary.
16.2 Membership Rights on Eviction
(a) When membership ends
Membership ends on the termination date in an eviction decision, or in case of a conditional eviction or performance agreement, at the end of the notice period for a notice under section 14.5 (Non-Performance by Member). This applies even though the former member can continue to occupy the unit until the co-op gets an eviction order. Since the occupant is no longer a member, the occupant cannot attend meetings of the co-op as a member, vote or run for the board of directors. If the occupant was on the board or was an officer, the position is automatically vacated on the day that membership ends.
(b) When membership restored
The Co-operative Corporations Act and the Residential Tenancies Act state when someone’s membership and occupancy rights are considered not to be terminated. This could be because the member paid arrears by a certain time or for other reasons. When this happens, the occupant’s membership is restored. The occupant can attend meetings of the co-op as a member, vote or run for the board of directors. If the occupant was a director when their membership ended, that person will not automatically be a director when their membership is restored. They would have to be re-elected to the board or appointed to fill a vacancy.
(c) Co-op actions while occupants were not members
Any votes or actions taken by the co-op during the time when the occupant was not a member will be valid and binding.
(d) When new Notice to Appear not needed
No new Notice to Appear or eviction decision is needed in the case of:
• repeat breaches within six months referred to in subsection 94.2(2) of the Residential Tenancies Act (Deemed termination of membership and occupancy rights)
• breaking the conditions in a mediated settlement agreement or order of the Landlord and Tenant Board as stated in subsection 94.11(2) of the Residential Tenancies Act (Deemed termination of membership and occupancy rights). The board of directors can decide to go ahead with the eviction or the manager can be authorized to do so. The member will be given notice as required under the Residential Tenancies Act.
16.3 Interest
Members owe interest on all arrears and other amounts owing to the co-op at the rate of six percent above the prime rate of any credit union or bank designated by the board of directors. The co-op may include this interest when bringing legal action against a member or former member, but will not normally claim interest at other times.
16.4 Rights Not Cancelled
The only way the co-op can cancel or waive any rights is under an arrears payment agreement or other performance agreement or settlement agreement authorized under this By-law and signed by the co-op. The co-op does not waive any Notice to Appear, eviction decision or other rights by:
• accepting arrears or compensation
• sending reminder or other letters even if incorrectly addressed “Dear Member” or similar
• recalculating housing charge subsidy
• making any error on a member ledger or other document
• accepting a cheque or other item marked “Payment in Full” or anything similar
• doing anything else except as stated at the beginning of this section.
16.5 Co-op Costs
The co-op has the right to recover full indemnity costs (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.
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Unless the board of directors decides something else, the co-op manager is authorized to start legal action as a result of decisions under previous sections. The board can limit the manager’s authority, either generally or in specific cases. The board can designate a director or someone else to work with the manager. The board can choose another person instead of the manager, either generally or in specific cases. Unless the board decides something else, the manager or the other person is authorized to:
• give all necessary directions to the co-op’s lawyers and paralegals
• act as agent for the co-op on court actions and at the Landlord and Tenant Board
• make a settlement or other agreement, and
• refer any matter back to the board if necessary.
16.2 Membership Rights on Eviction
(a) When membership ends
Membership ends on the termination date in an eviction decision, or in case of a conditional eviction or performance agreement, at the end of the notice period for a notice under section 14.5 (Non-Performance by Member). This applies even though the former member can continue to occupy the unit until the co-op gets an eviction order. Since the occupant is no longer a member, the occupant cannot attend meetings of the co-op as a member, vote or run for the board of directors. If the occupant was on the board or was an officer, the position is automatically vacated on the day that membership ends.
(b) When membership restored
The Co-operative Corporations Act and the Residential Tenancies Act state when someone’s membership and occupancy rights are considered not to be terminated. This could be because the member paid arrears by a certain time or for other reasons. When this happens, the occupant’s membership is restored. The occupant can attend meetings of the co-op as a member, vote or run for the board of directors. If the occupant was a director when their membership ended, that person will not automatically be a director when their membership is restored. They would have to be re-elected to the board or appointed to fill a vacancy.
(c) Co-op actions while occupants were not members
Any votes or actions taken by the co-op during the time when the occupant was not a member will be valid and binding.
(d) When new Notice to Appear not needed
No new Notice to Appear or eviction decision is needed in the case of:
• repeat breaches within six months referred to in subsection 94.2(2) of the Residential Tenancies Act (Deemed termination of membership and occupancy rights)
• breaking the conditions in a mediated settlement agreement or order of the Landlord and Tenant Board as stated in subsection 94.11(2) of the Residential Tenancies Act (Deemed termination of membership and occupancy rights). The board of directors can decide to go ahead with the eviction or the manager can be authorized to do so. The member will be given notice as required under the Residential Tenancies Act.
16.3 Interest
Members owe interest on all arrears and other amounts owing to the co-op at the rate of six percent above the prime rate of any credit union or bank designated by the board of directors. The co-op may include this interest when bringing legal action against a member or former member, but will not normally claim interest at other times.
16.4 Rights Not Cancelled
The only way the co-op can cancel or waive any rights is under an arrears payment agreement or other performance agreement or settlement agreement authorized under this By-law and signed by the co-op. The co-op does not waive any Notice to Appear, eviction decision or other rights by:
• accepting arrears or compensation
• sending reminder or other letters even if incorrectly addressed “Dear Member” or similar
• recalculating housing charge subsidy
• making any error on a member ledger or other document
• accepting a cheque or other item marked “Payment in Full” or anything similar
• doing anything else except as stated at the beginning of this section.
16.5 Co-op Costs
The co-op has the right to recover full indemnity costs (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.
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Article 17: Miscellaneous
17.1 Personal Information to Membership
(a) When members raise things about themselves
If a member appeals a board of directors’ decision under the co-op by-laws, or raises something at a members’ meeting involving the member’s personal information, the board can disclose other relevant personal information about that member.
(b) When members raise things about someone else
A member cannot appeal a board of directors’ decision under the co-op by-laws about another person, or raise something at a members’ meeting involving personal information about another person, unless the other person has given written approval. The member must show the written approval to the chair of the meeting. It may be examined by any member. If the written approval is given, the chair can allow members to discuss that personal information and the board and staff can disclose other relevant personal information about the person. If that person does not give approval, the appeal or discussion is out of order.
(c) Appeal information
If a member distributes written information to the membership about an appeal under the co-op by-laws or other decision involving their own personal information, the board of directors can disclose other relevant personal information about that member. The same thing applies if the co-op is required to distribute the information under section 15.2(b) (Member’s statement) of this By-law.
17.2 Legal Actions against Co-op
If anyone sues the co-op or takes other legal action against the co-op, such as a complaint to the Ontario Human Rights Tribunal, the board of directors should report the matter to the members in writing or orally at a members’ meeting. This applies whether the lawsuit or legal action is started by a co-op member or anyone else. The report can include relevant detail, including personal information of the person who started the action, if relevant. The board does not have to report the matter to the members if it does not believe it would be in the best interests of the co-op to do so. The board would normally get legal advice about any disclosure or decision not to disclose.
17.3 External Complaints
If a member makes a complaint about the co-op to anyone outside the co-op, or sends anyone outside the co-op a copy of an internal complaint, the board of directors is entitled to respond to that complaint to the same persons or organizations. This includes complaints by e-mail, orally or on social media. In responding the board can disclose relevant personal information about the member and the member’s household. Examples include complaints sent to bodies like the Agency for Co-operative Housing, Canada Mortgage and Housing Corporation, a service manager, a government official, a newspaper, the Co-operative Housing Federation of Canada or a local co-op housing federation.
17.4 Co-op Employees
(a) Not members
A permanent employee of the co-op cannot be a member of the co-op or live in the household of a member.
(b) Exceptions
Paragraph (a) does not apply to members and members of their households:
• who are temporarily employed by the co-op if the total employment for all members of the household is not more than two weeks in a year
• who are on-call committee members if the total on-call payment for all members of the household is for not more than one day a week of on-call on average, or
• who are employed by a property management company or another contractor of the co-op if the total employment at the co-op for all members of the household is not more than two days a week on average.
(c) Serving on board of directors
Members in the first two exceptions can be on the board of directors, but they have to watch out for conflicts of interest and follow the by-laws, if there is a conflict. Members in the third exception cannot be on the board.
(d) Live-in staff
If the board of directors decides that the duties of an employee or the employee of a contractor make it necessary to live in the co-op, the employee and the employee’s household will be tenants of the co-op, not members. The board must make sure that there is a written agreement stating that the tenancy ends when the employment or contract ends or as soon after that as legally required. The board must pass a motion before the employment starts designating the employee’s unit as a non-member unit.
17.5 Non-Member Units
This By-law applies only to member units. 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. Leases, agreements or government requirements govern the co-op’s relations with them.
17.6 Non-Members in a Member Unit
Parts of this By-law apply to non-members living in a member unit. In dealing with non- members who are occupying a member unit, the board of directors may take any action permitted by law.
17.7 Proof
(a) When required
When investigating compliance with the co-op’s by-laws or government requirements, the co-op can ask a member to prove:
• that the member’s unit is the member’s principal residence
• that the member is not profiting from any arrangement with guests
• the member’s household composition
• the member’s household income if the member receives housing charge subsidy
• other things to show compliance with government requirements, this By-law and other co-op by-laws, as applicable.
(b) Member response
If asked, members must give complete proof and details about the things stated in paragraph (a). This request can include originals or copies of any documents and sworn statements from everyone involved. Failure to provide proof under this section is a breach of this By-law. If a member fails to provide proof, the co-op can conclude that this is evidence that the member is not complying with government requirements, this By-law or other co-op by-laws, as applicable.
17.8 Serving Eviction Documents
(a) Ways to serve documents
Notices and other documents relating to an eviction are considered served on a member if given in any of the following ways:
• handing it to the member
• handing it to an apparently adult person in the unit
• leaving it in the mail box where mail is ordinarily delivered to the member
• if there is no mail box, sliding it under the door of the member unit or through a mail slot in the door or leaving it at the place where mail is ordinarily delivered to the member
• mailing it to the last known address where the member lives or works.
(b) More than one member
A separate notice or other document relating to an eviction must be given to each member involved and to any member who has left the unit, but is still involved.
(c) When mailed
Notices and documents that are mailed to a member are considered delivered or served on the fifth day after the day of mailing.
(d) Electronic mail
Notices and documents under Article 3 (Members’ Contributions) and Article 4 (Setting Housing Charges) can be given by electronic mail to members who have signed a form consenting to notices by electronic mail. The form must state an e-mail address. Notices and documents sent by e-mail are considered delivered at the time of sending. Members can change their e-mail address by notice to the co-op. Members can also cancel their consent to receive e-mail notices. A separate consent form does not have to be signed if the members have signed a consent form under the Organizational By-law.
(e) Single notice
Only one notice or one copy of a document under Article 3 (Members’ Contributions) or Article 4 (Setting Housing Charges) needs to be given for each unit.
17.9 Signing Schedules for Co-op
The Schedules to this By-law (including any Appendixes) can be signed on behalf of the co-op by the manager or another staff member, any director or anyone authorized by the board of directors.
17.10 Minor Errors, Omissions or Irregularities
A minor error, omission or irregularity will not affect any decision made by the board of directors and/or members as stated in the Co-operative Corporations Act.
17.11 Starting Date for this By-law
This By-law will go into effect on the date when it is confirmed by the membership.
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(a) When members raise things about themselves
If a member appeals a board of directors’ decision under the co-op by-laws, or raises something at a members’ meeting involving the member’s personal information, the board can disclose other relevant personal information about that member.
(b) When members raise things about someone else
A member cannot appeal a board of directors’ decision under the co-op by-laws about another person, or raise something at a members’ meeting involving personal information about another person, unless the other person has given written approval. The member must show the written approval to the chair of the meeting. It may be examined by any member. If the written approval is given, the chair can allow members to discuss that personal information and the board and staff can disclose other relevant personal information about the person. If that person does not give approval, the appeal or discussion is out of order.
(c) Appeal information
If a member distributes written information to the membership about an appeal under the co-op by-laws or other decision involving their own personal information, the board of directors can disclose other relevant personal information about that member. The same thing applies if the co-op is required to distribute the information under section 15.2(b) (Member’s statement) of this By-law.
17.2 Legal Actions against Co-op
If anyone sues the co-op or takes other legal action against the co-op, such as a complaint to the Ontario Human Rights Tribunal, the board of directors should report the matter to the members in writing or orally at a members’ meeting. This applies whether the lawsuit or legal action is started by a co-op member or anyone else. The report can include relevant detail, including personal information of the person who started the action, if relevant. The board does not have to report the matter to the members if it does not believe it would be in the best interests of the co-op to do so. The board would normally get legal advice about any disclosure or decision not to disclose.
17.3 External Complaints
If a member makes a complaint about the co-op to anyone outside the co-op, or sends anyone outside the co-op a copy of an internal complaint, the board of directors is entitled to respond to that complaint to the same persons or organizations. This includes complaints by e-mail, orally or on social media. In responding the board can disclose relevant personal information about the member and the member’s household. Examples include complaints sent to bodies like the Agency for Co-operative Housing, Canada Mortgage and Housing Corporation, a service manager, a government official, a newspaper, the Co-operative Housing Federation of Canada or a local co-op housing federation.
17.4 Co-op Employees
(a) Not members
A permanent employee of the co-op cannot be a member of the co-op or live in the household of a member.
(b) Exceptions
Paragraph (a) does not apply to members and members of their households:
• who are temporarily employed by the co-op if the total employment for all members of the household is not more than two weeks in a year
• who are on-call committee members if the total on-call payment for all members of the household is for not more than one day a week of on-call on average, or
• who are employed by a property management company or another contractor of the co-op if the total employment at the co-op for all members of the household is not more than two days a week on average.
(c) Serving on board of directors
Members in the first two exceptions can be on the board of directors, but they have to watch out for conflicts of interest and follow the by-laws, if there is a conflict. Members in the third exception cannot be on the board.
(d) Live-in staff
If the board of directors decides that the duties of an employee or the employee of a contractor make it necessary to live in the co-op, the employee and the employee’s household will be tenants of the co-op, not members. The board must make sure that there is a written agreement stating that the tenancy ends when the employment or contract ends or as soon after that as legally required. The board must pass a motion before the employment starts designating the employee’s unit as a non-member unit.
17.5 Non-Member Units
This By-law applies only to member units. 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. Leases, agreements or government requirements govern the co-op’s relations with them.
17.6 Non-Members in a Member Unit
Parts of this By-law apply to non-members living in a member unit. In dealing with non- members who are occupying a member unit, the board of directors may take any action permitted by law.
17.7 Proof
(a) When required
When investigating compliance with the co-op’s by-laws or government requirements, the co-op can ask a member to prove:
• that the member’s unit is the member’s principal residence
• that the member is not profiting from any arrangement with guests
• the member’s household composition
• the member’s household income if the member receives housing charge subsidy
• other things to show compliance with government requirements, this By-law and other co-op by-laws, as applicable.
(b) Member response
If asked, members must give complete proof and details about the things stated in paragraph (a). This request can include originals or copies of any documents and sworn statements from everyone involved. Failure to provide proof under this section is a breach of this By-law. If a member fails to provide proof, the co-op can conclude that this is evidence that the member is not complying with government requirements, this By-law or other co-op by-laws, as applicable.
17.8 Serving Eviction Documents
(a) Ways to serve documents
Notices and other documents relating to an eviction are considered served on a member if given in any of the following ways:
• handing it to the member
• handing it to an apparently adult person in the unit
• leaving it in the mail box where mail is ordinarily delivered to the member
• if there is no mail box, sliding it under the door of the member unit or through a mail slot in the door or leaving it at the place where mail is ordinarily delivered to the member
• mailing it to the last known address where the member lives or works.
(b) More than one member
A separate notice or other document relating to an eviction must be given to each member involved and to any member who has left the unit, but is still involved.
(c) When mailed
Notices and documents that are mailed to a member are considered delivered or served on the fifth day after the day of mailing.
(d) Electronic mail
Notices and documents under Article 3 (Members’ Contributions) and Article 4 (Setting Housing Charges) can be given by electronic mail to members who have signed a form consenting to notices by electronic mail. The form must state an e-mail address. Notices and documents sent by e-mail are considered delivered at the time of sending. Members can change their e-mail address by notice to the co-op. Members can also cancel their consent to receive e-mail notices. A separate consent form does not have to be signed if the members have signed a consent form under the Organizational By-law.
(e) Single notice
Only one notice or one copy of a document under Article 3 (Members’ Contributions) or Article 4 (Setting Housing Charges) needs to be given for each unit.
17.9 Signing Schedules for Co-op
The Schedules to this By-law (including any Appendixes) can be signed on behalf of the co-op by the manager or another staff member, any director or anyone authorized by the board of directors.
17.10 Minor Errors, Omissions or Irregularities
A minor error, omission or irregularity will not affect any decision made by the board of directors and/or members as stated in the Co-operative Corporations Act.
17.11 Starting Date for this By-law
This By-law will go into effect on the date when it is confirmed by the membership.
Occupancy By-law Second Edition – ©2016 Co-operative Housing Federation of Canada & Co-operative Housing Federation of Toronto 55