1.1 Introduction

This By-law states the basic rules for Windmill Line Co-operative Homes Inc. (the co-op) to provide housing for its members and the basic rights and obligations of the co-op and the members.

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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-laws

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.

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1.3 Repeals

(a) By-laws

The following by-laws, or parts of by-laws, are repealed when this by-law becomes effective:

• The Occupancy By-law (By-law No. 15).
• The Member Arrears By-law (By-law No. 29).
• The Organizational By-law (By-law No. 28 as amended by By-law No. 33), section 6.8(d).

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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.

• The Co-operative Corporations Act governs the co-op. Parts of the Co-operative Corporations Act have important rules about occupancy that are not in this By-law.
• The Residential Tenancies Act has rules about co-op evictions that are not in this By-law.
• The Ontario Human Rights Code has important rules about housing that affect the co-op.

(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.

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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: Persons in Household. 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.

(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 apply only 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.

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1.6 Special Meanings

(a) Business day

A “business day” in this By-law means any day that is not a Saturday, Sunday or public holiday.

(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 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 staff contracted by the co-op from property management companies.

(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.

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1.7 Summary of Time Requirements

Attachment A is attached to this By-law. It contains a summary of the time requirements in this By-law and some examples. It is for convenience only. If there is any conflict between Attachment A and this By-law, this By-law governs.

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

Each member has the right to occupy the member's unit and to use the common areas and facilities of the co-op in accordance with this By-law, the Occupancy Agreement and the other by-laws and policies of the co-op.

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
• parking charges for bicycles, cars and other vehicles, if applicable
• electricity and other utilities
• cable television package as determined by the members
• other monthly charges that members must pay under any of the co-op by-laws.

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(b) Other housing charges

Each member must pay additional housing charges, if applicable. These include:

• the membership fee, if there is one (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.

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(c) Not included in housing charges

Housing charges do not include the following costs to a member:

• telephone
• internet
• tenant insurance
• costs of repairs or replacements that are the responsibility of the member under the co-op’s by-laws
• other personal expenses that are not charged by the co-op.

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3.2 Member Involvement

Each member must comply with the member involvement requirements in the Organizational By-law and any other applicable co-op by-laws.

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3.3 Payment of Housing Charges

(a) Housing charge payment day

Housing charges are due before noon on the housing charge payment day.

(b) Method of payment

Housing charges must be paid in any way approved by the board of directors.

(c) Applying payments

The co-op can apply any payment received from a member to any amount that the member owes the co-op unless the law requires otherwise.

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3.4 Other Charges

Members must reimburse the co-op for any costs that the co-op incurs because of the actions or omissions of:

• the member
• any person in their household, or
• anyone permitted on co-op property by the co-op member or another person in their household.

This applies even if no co-op by-law has been broken. Examples include debt collection charges and the cost of repairs.

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3.5 Member Deposit

(a) Payment of member deposit

The member deposit must be paid before occupancy begins unless the board of directors decides otherwise.

(b) Amount of member deposit

The amount of the member deposit will be decided by the members at a general meeting.

(c) Applying the member deposit

The co-op may apply the member deposit to amounts owed by the member after membership and occupancy rights end. This includes amounts owing 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.

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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.

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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.

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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.

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3.9 Arrears

Arrears are any amount owed to the co-op that have not been received when due.

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.

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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

Each year the board of directors will submit a capital budget for approval of the members. A capital budget must contain:

• the proposed capital expenses for the fiscal year
• a multi-year projection
• 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 budgets
• 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 or policy, if the co-op has one.

(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 or policy, if the co-op has one.

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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 10 days before the budget meeting. This must include the full housing charges for each type of unit if changes are proposed.

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4.4 Changes in Housing Charges

(a) Date of change in 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.

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4.5 Mid-year Change in Housing Charges

The board of directors may decide that there should be a change in the budget affecting 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.

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, including co-op supplied appliances, 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). This 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 or policies, may have more detail on maintenance and repair responsibilities. The co-op and the members must obey those by-laws or policies.

(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 or policies.

(h) Changing or adding locks

Members cannot change or add unit door locks or add security devices without advance written permission from the co-op. They have to give the co-op keys to new locks or cards, fobs, codes or other things needed for access. If a member does not provide a means of access, 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 if the items could violate privacy or could damage co-op property. Examples are cameras, satellite dishes and antennas. Members must follow co-op by-laws, policies and board decisions about what can be put in or on exterior parts of a unit, such as balconies, yards, patios 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. Exceptions may be outlined in a House Rules Policy or By-law.

(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, patios 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 policies, 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 or policies.

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5.2 Privacy

(a) Permission needed

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

(b) 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 24 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 for a maximum of one week and the notice can allow more than one entry into a unit. The notice must state the reason for the entry, and entry must occur at a reasonable time of day. 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.

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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. The membership will make the final decision at a members’ meeting.

(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 at a members’ meeting. The board can give these decisions priority over the internal and external waiting lists.

(c) Things to decide

The board of directors and members 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.

(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.

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5.4 Members’ Insurance

Members should obtain public liability insurance and property insurance for their unit. The co-op, co-op staff, contractors and other members will not have any liability to a member or a person in a member’s household for things that would be covered by a normal renter’s or co-op member’s insurance policy. It does not matter what caused any loss and it does not matter whether the member or anyone in the household had any insurance.

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.

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6.3 Absence from Principal Residence

(a) Whether or not sub-occupant

This section is about when a member will be away from the member’s unit. It applies whether or not the member has a sub-occupant. Requirements for sub-occupants are in section 8.6 (Sub-Occupancy and Absence from Unit). They are in addition to the requirements of this section.

(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. A member will be considered absent from their unit if they do not reside in their unit on a continuous basis of more than one month even if they visit the unit 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 of the coming absence. This is so the board can be sure co-op by-laws are not being broken.

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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 uses, 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
• co-op by-laws are obeyed.

(b) No rooming or boarding houses

Permitted uses do not include using a unit as a rooming house, short-term rentals 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 and sub-occupants 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

All rentals of parking spaces are handled by co-op staff. Subletting of parking spaces is not permitted.

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6.5 Illegal Acts

Members must not do or permit anything illegal in their units or on co-op property.

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6.6 Disturbance

Members must not disturb or interfere with the comfort, safety, security, rights or reasonable enjoyment of the co-op by other members, staff or anyone else lawfully on the co-op property.

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6.7 Damage to Co-op Property

Members must not deliberately or negligently damage co-op property. Members are responsible for damage caused by themselves, anyone in their household, their guests or anyone else they permit on co-op property.

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6.8 Health and Safety

Members must comply with all health, fire and safety requirements in government requirements and the co-op’s by-laws and policies.

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6.9 Compliance with By-laws and Policies

Members must comply with this By-law and all other by-laws and policies of the co-op.

7.1 Changes in Household

Members must promptly notify the co-op in writing of any change in the people living in their unit.

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7.2 Adding Occupants

A member may add a person to the household if permitted by this By-law and any applicable co-op by-laws or policies. The member must notify the co-op in writing before or as soon as reasonably possible after the person moves into the unit.

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7.3 Removing Occupants

If a person permanently leaves the household, the member must promptly notify the co-op in writing.

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7.4 Information Required

The co-op may require members to provide information about the members of their household as required to administer the co-op and to comply with government requirements.

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 or other persons who are under sixteen and live in the unit
• children of the member or other persons 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 and sub-occupants

A guest is someone staying in a member’s unit at the same time as the member or someone in the household. A sub-occupant is someone staying in a member’s unit when all persons in the household are away.

(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 or sub-occupants 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.

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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 as a casual guest under section 8.5 (Casual Guests) or, if approved by the board of directors, as a long-term guest.

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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.

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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 and consent to a credit check. 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. This must be stated in the board’s approval motion. 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 each guest must sign and comply with a long-term guest agreement, such as Schedule B attached to this By-law. If one of the long-term 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.

When the members in a household ask a long-term guest to leave the unit, they must give the guest written notice and deliver a copy of the notice to the co-op office. When a guest vacates a member’s unit for any reason, the member must give prompt written notice to the co-op office.

(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 Subsidy By-law, if it has one.

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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).

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8.6 Sub-Occupancy and Absence from Unit

(a) Housing charge subsidy

Members who receive housing charge subsidy, and who are thinking about sub-occupancy or other absence from the co-op, should find out what effect it may have on their housing charge subsidy by checking the Subsidy By-law and any other applicable rules, including applicable government requirements.

(b) Temporary absence from co-op

A member can ask the board of directors to approve someone to occupy their unit as a sub-occupant. All sub-occupants must be approved. All co-op members in the household and all sub-occupants must sign and comply with a Sub-Occupancy Agreement before the sub-occupancy begins. Schedule C attached to this By-law is a sample Sub-Occupancy Agreement. The terms and conditions of sub-occupancy at the co-op are as stated in Schedule C.

(c) Sub-occupancy one month or less

Board of directors approval is not required for a sub-occupancy of one month or less, but a Sub-Occupancy Agreement must still be signed and delivered to the co-op office before the sub-occupancy starts.

(d) Maximum sub-occupancy

Normally a sub-occupancy cannot last more than three months. In unusual circumstances the board of directors can allow a longer term but not longer than twelve months.

(e) Maximum number of sub-occupancies per year

Normally a household cannot have more than three sub-occupancies per year. In unusual circumstances the board of directors can allow more.

(f) Board discretion

The board of directors may refuse or revoke approval for a sub-occupancy if it believes the sub-occupancy is not in the best interests of the co-op or if the member or proposed sub-occupant has not complied with the requirements of this By-law or the Sub-Occupancy Agreement.

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8.7 Evicted Persons

A member cannot permit someone to be a casual or long-term guest or a sub-occupant 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 or a sub-occupant 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.

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.

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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.

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   1 person
• three-bedroom   2 person

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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. Section 9.4 does not apply if one of the remaining members has lived in the unit for at least 10 years.

(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 medically documented health reasons.

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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.

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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 Subsidy By-law, if it has one. These are in addition to what is stated in this Article.

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.

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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 of termination. 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.

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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

If one person no longer occupied the unit, the remaining members in the household will not be entitled to an increase in housing charge subsidy unless government requirements or the co-op’s Subsidy By-law, if it has one, state something else. 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.

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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 may agree upon an earlier or later date to end housing charges and to remove possessions. If the member’s possessions are not removed by the required or agreed upon date and time, 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 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.

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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.

11.1 Eviction

The board of directors can end a member's membership and occupancy rights if:

• the member owes housing charges to the co-op, or
• the member has been persistently late in paying housing charges.

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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 third business day after 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, 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.

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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 happen because the cheque is marked NSF (not sufficient funds), Stop Payment, Account Closed or for any other 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.

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11.4 Late Payment and Failed Payment

(a) Late payment charges

A member who 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, plus an administration charge of $20.00 per household. This is in addition to the late payment charge, if applicable. The administration charge may be increased by the members at a general meeting.

(c) Charges are arrears

Members who do not pay their late payment charges, failed payment charges and administration charges (as well as other amounts owing to the co-op) will be considered in arrears.

(d) Adjusting late payment charges

The board of directors can decide not to charge or to reduce a late payment charge or failed payment charge if the board believes there are good reasons.

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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 a 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.

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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 to Eviction) 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) Terms of agreement

The board of directors or the manager can require an arrears payment agreement to contain any terms they decide. A payment agreement can require payments over and above regular housing charges. It can also require the member to pay current housing charges on time and comply with other co-op by-laws.

(f) Default under agreement

If a member does not comply with an arrears payment agreement, the co-op may issue a Notice to Appear or take any other steps permitted under this By-law.

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11.7 Notice to Appear

(a) Notice period

The manager will give a Notice to Appear to each member at least ten days before the board meeting that will consider ending the member’s membership and occupancy rights.

(b) Proposed termination date

The Notice to Appear will state a proposed termination date. The proposed termination date must be at least ten days after the board meeting.

(c) Content of Notice

The Notice to Appear will substantially follow Schedule D attached to this By-law.

(d) Service of Notice

The Notice to Appear will be served in accordance with section 17.8 (Serving Eviction Documents).

12.1 Grounds for Eviction

The board of directors can end a member’s membership and occupancy rights if the member breaks this By-law, the Occupancy Agreement or any other co-op by-law, or for any other ground permitted under the Co-operative Corporations Act.

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12.2 Board Discretion

(a) Board decides

The board of directors will decide whether to issue a Notice to Appear and whether to evict a member. In making its decision, 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.

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 take a visual and/or audio recording of the meeting, whether electronically, by tape or any other device. The board sets the procedure for the meeting. The board can require that the member and their representatives not be present when making their decision. 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 F or Schedule G attached to this By-law. The minutes do not have to state who made or seconded the motion or how each director voted to pass the resolution.

(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 H or Schedule I attached to this By-law can be used for the notice. The Notice should normally include a copy of the eviction decision.

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.

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14.2 Mediation

The board of directors can require a member to participate in mediation. The board can decide who will act as mediator and who will pay the cost.

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14.3 Warning Letters

The board of directors or the manager can send warning letters instead of taking other action.

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14.4 Conditional Eviction Decisions

(a) Conditional decision

The board of directors can decide to end a member's membership and occupancy rights only if the member does not comply with specified conditions.

(b) Performance agreement

The board can require the member to sign a performance agreement containing the conditions decided by the board.

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14.5 Non-Performance by Member

(a) Breaking conditions

If the member does not comply with the conditions in a conditional eviction decision, the board of directors can decide that the member's membership and occupancy rights are ended without another Notice to Appear. 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.

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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.

15.1 No Appeal to Membership

Members cannot appeal a board of directors' eviction decision to the membership. If a member does not agree with the decision, the member can wait until the co-op takes the case to the Landlord and Tenant Board or to court and state their case at that time.

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.

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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.

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16.3 Interest

The co-op can charge interest on any amount owing by a member to the co-op. The rate of interest will be decided by the members at a general meeting.

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16.4 Rights Not Cancelled

The co-op’s rights against a member are not cancelled because the member’s membership or occupancy rights have ended. This includes the right to collect money owing to the co-op and the right to recover damages for breach of the co-op’s by-laws or agreements.

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16.5 Co-op Costs

A member must reimburse the co-op for all reasonable legal costs and other expenses that the co-op incurs because of the member’s breach of the co-op’s by-laws or agreements to the extent permitted by law.

17.1 Personal Information to Membership

The board of directors can disclose personal information to the membership to the extent permitted by law and where necessary for the proper operation of the co-op.

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17.2 Legal Actions against Co-op

Any legal action against the co-op must be started within the time limits required by law.

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17.3 External Complaints

A member should normally use the co-op’s internal procedures before making complaints to outside organizations unless immediate outside action is appropriate or required by law.

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17.4 Co-op Employees

Members must not interfere with the duties of co-op employees. Directions to employees about their work must come only from the board of directors, the manager or another authorized supervisor.

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17.5 Serving Eviction Documents

Any Notice to Appear, eviction decision, notice of eviction decision, notice relating to a conditional eviction decision or performance agreement, or other document relating to eviction may be served in any manner permitted by the Co-operative Corporations Act or the Residential Tenancies Act.

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17.6 Computation of Time

When computing time under this By-law, the rules in the Co-operative Corporations Act apply unless another law requires something different.

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17.7 Board Authority

The board of directors may delegate any power or duty under this By-law unless the law or this By-law requires the board itself to act.

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17.8 Waiver

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.

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17.9 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.

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17.10 Starting Date for this By-law

This By-law will go into effect on the date when it is confirmed by the membership.

18.1 Electronic Participation

(a) Notice to Appear

When the board of directors considers ending a member’s membership and occupancy rights, the meeting can have

• in-person attendance only,
• electronic attendance only, or
• in-person or electronic attendance.

The board can decide in each case or can adopt a policy that would normally apply.

(b) Special meaning

In this By-law “electronic” or “electronically” means transmitting information or data by telephone or in other electronic or technological ways, including phone calls, voicemail, fax, e-mail, automated touch phone system, cell phone, computer or computer networks.

(c) Electronic meetings

When meetings are held electronically or have electronic participation, people who attend electronically must be able to reasonably participate in the meeting. They are considered to be present at the meeting for all purposes.

(d) How to connect

If electronic attendance is allowed or required, the Notice to Appear has to state the details on how the member and the member’s lawyer or other representative can connect and participate.

(e) Member’s request

On request, the board may permit a member or a member’s lawyer or other representative to participate electronically, even if electronic attendance was not stated in the Notice to Appear. In that case details on connecting and participating will be given within a reasonable time after the request.

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18.2 Continuing a Meeting on a Notice to Appear

The meeting to consider a Notice to Appear can be continued on another date without a new Notice to Appear only if the time and place to continue the meeting is announced at the original meeting together with instructions for attending and participating electronically if applicable. If the member is not present at the time of the announcement, the board may decide to give the member notice that no decision was reached on the original date and notice of the continued meeting.

Windmill Line Co-operative Homes Inc.

Names of members: ________________________________________________
________________________________________________

Unit address: ________________________________________________
________________________________________________

Date of occupancy: ________________________________________________

Membership terms

1. The co-op gives you the right to occupy a unit.

2. The main terms of your occupancy rights and obligations are contained in the Occupancy By-law. The remaining co-op by-laws also contain rights and obligations of members. You agree to obey all co-op by-laws and decisions made by the board of directors and co-op members.

3. Under the Co-operative Corporations Act and the co-op’s by-laws, the co-op can change the terms of membership and occupancy. You are entitled to a notice of all general meetings where members will decide on these changes. You are also entitled to attend and vote at these meetings. You will be bound by these changes even if you do not agree with them.

4. If there is a conflict between the co-op’s by-laws and this Agreement, the co-op’s by-laws have priority.

You are responsible for reading and understanding this Agreement before signing it. You are entitled to a copy of all the co-op’s by-laws. You are also entitled to ask any questions and to have them answered.

The attached Appendixes are part of this agreement. Any updated Appendixes will be part of this Agreement.

Signatures

Windmill Line Co-operative Homes Inc.

Date: _____________________     By: _______________________________

Print name:

Title:

Date: _____________________     ____________________________________

Name of member:

Date: _____________________     ____________________________________

Name of member:

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Appendix A: Member Charges

Windmill Line Co-operative Homes Inc.

Unit address: ________________________________________________
________________________________________________

Effective date of charges: ___________________________________

Full monthly housing charges $ ______________________

LESS housing charge subsidy (if any) $ ______________________

Monthly housing charges $ ______________________

Monthly parking charges (if applicable) $ ______________________

Your total monthly housing charges are: $ ______________________

Your member deposit is: $ ______________________

Note: The figures stated in this Appendix may change as stated in the co-op by-laws and/or the rules about housing charge subsidy, if applicable. There may be other charges as permitted under the co-op by-laws and government requirements.

Signatures

Date: _____________________     ____________________________________

Name of member:

Date: _____________________     ____________________________________

Name of member:

Date: _____________________     ____________________________________

Name of non-member occupant:

Date: _____________________     ____________________________________

Name of non-member occupant:

To be signed by all members and any non-member occupants 16 years old or older

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Appendix B: Persons in Household

Windmill Line Co-operative Homes Inc.

Unit address: ________________________________________________
____________________________________________

Persons in household as of this date: ___________________________________

List the names of each member in the unit.

________________________________________________
________________________________________________

List the names of each non-member 16 years old or older in the unit.

________________________________________________
________________________________________________

List the names and birth dates of each non-member less than 16 years old in the unit.

________________________________________________
________________________________________________

I agree to give prompt written notice of any change in the size of my household or the persons who make up the household. This includes any long-term guests.

I understand that no one may occupy the unit except the people listed on this form. To have additional occupants I must comply with Article 8 (Members’ Household and Guests) of the Occupancy By-law and any other applicable rules.

Signatures

Date: _____________________     ____________________________________

Name of member:

Date: _____________________     ____________________________________

Name of member:

Date: _____________________     ____________________________________

Name of non-member occupant:

Date: _____________________     ____________________________________

Name of non-member occupant:

To be signed by all members and any non-member occupants 16 years old or older

Appendix C: Housing Charge Subsidy Terms

Windmill Line Co-operative Homes Inc.

Names of members: ________________________________________________
________________________________________________
________________________________________________

Unit address: ________________________________________________
________________________________________________

Names of any non-member occupants 16 years old or older:

________________________________________________
________________________________________________
________________________________________________

Basic rules

1. This document is an agreement between the co-op and each member and between the co-op and each non-member occupant who signs it. They are called the “household” in this document.

2. Each member of the household agrees to comply with the rules and obligations in this document and the applicable parts of the co-op’s Occupancy Agreement and by-laws. Words used in this document have the same meaning as in the co-op’s Occupancy By-law.

3. This document states some of the rules and obligations for households that receive a housing charge subsidy. It does not state all of them. Government requirements and co-op by-laws have many other rules and obligations that apply. These rules can change. These rules can govern over this document.

4. Households who receive housing charge subsidy are responsible for finding out about all the rules and obligations that apply to them and any changes in them. The co-op can give people information and answer questions about these rules and obligations.

5. The co-op members decide on the housing charges as stated in the Occupancy By-law. The co-op will reduce the household’s housing charges by the amount of the housing charge subsidy that is allocated to the household. This amount is determined under government requirements or the co-op’s Subsidy By-law, if it has one, or other co-op by-laws or a combination of these.

---

Giving information

6. Each of the members of the household must truthfully and completely give the co-op all information that is relevant to housing charge subsidy and must ensure that that information is accurate and complete at all times.

7. Once a year the household will have to update the record of all persons in the household and their incomes. The household will have to give proof of current household income and the income for the previous year. This must include the income of any long-term guests and may have to include the income of casual guests.

8. The household must report the following changes to the co-op within ten days after they happen:

• any change in any relevant document previously provided
• any change in income
• any change in assets
• any change in the source of income for any member of the household
• any change in household composition
• any change in immigration status if that is a government requirement.

9. The co-op will investigate the household’s financial situation when it decides on the amount of housing charge subsidy and may do so at other times. All members of the household must give the co-op any information it requests for this investigation. This includes household income, household composition and any other relevant information. Each member of the household is responsible to make sure that all persons in the household also give all requested information to the co-op.

• If asked, households must give complete proof and details about the above. This request can include originals or copies of any documents and sworn statements from everyone involved.

• If asked, households must give complete proof and details about the above. This request can include originals or copies of any documents and sworn statements from everyone involved.

10. Housing charge subsidy ends if a member or anyone in the household breaks any term of the Subsidy By-law, if the co-op has one, or government requirements, or this Appendix or any other rules that apply.

11. Households that are overhoused must follow the applicable rules in the co-op by-laws and government requirements. Overhousing will be determined according to occupancy standards under co-op by-laws or government requirements.

12. If the household ever receives more subsidy than it should have because of a breach of co-op by-laws or government requirements or this Appendix or for other reasons, each household member must pay back the excess.

Each of the undersigned agrees that the co-op can receive, through its employees or agents, credit information from any credit agency or other source. All persons in the member’s household must sign a separate authorization for a credit check if requested by the co-op.

Each of the undersigned agrees that personal information that the co-op receives during its investigations will be kept confidential, but it may be shared as stated in government requirements.

Signatures

Date: _____________________     ____________________________________

Name of member:

Date: _____________________     ____________________________________

Name of member:

Date: _____________________     ____________________________________

Name of member:

Date: _____________________     ____________________________________

Name of non-member occupant:

Date: _____________________     ____________________________________

Name of non-member occupant:

Windmill Line Co-operative Homes Inc.

All members and the long-term guest must sign. A separate agreement must be signed for each long-term guest.

Names of members: ________________________________________________
________________________________________________
________________________________________________

Name of long-term guest: __________________________________________

Contact information of long-term guest: _______________________________

Unit address: ________________________________________________
________________________________________________

Start Date: ________________________________________________

Latest End Date: ________________________________________________

Note: If there is more than one member, the word “member” in this Agreement refers to all members listed above.

Terms of agreement

1. The co-op agrees that the long-term guest can live in the member’s unit as a part of the member’s household starting on the Start Date stated in this agreement. The long-term guest agrees to leave the member’s unit on or before the Latest End Date. The long-term guest must have written permission from the co-op and the member to stay longer.

2. The member is still responsible to the co-op for all housing charges and all the member’s obligations to the co-op.

3. The long-term guest agrees not to break any of the terms of the member’s Occupancy Agreement or any co-op by-laws.

4. The long-term guest acknowledges that the co-op only allows members and their households to occupy co-op units. The long-term guest acknowledges that being a long-term guest does not give him or her a right to the unit or any other unit or position on the co-op’s internal or external waiting lists.

5. The member and the long-term guest acknowledge that this Agreement can be ended by the co-op as stated in the Occupancy By-law.

6. The long-term guest agrees to leave the member's unit immediately when:

• this Agreement ends or is cancelled
• the member's occupancy rights end
• the member no longer occupies the unit, or
• the co-op requires the long-term guest to leave under the Occupancy By-law.

7. If the long-term guest does not leave as required by this Agreement, the co-op may take legal action to require the guest to leave the unit and the co-op property.

8. The long-term guest acknowledges that this Agreement does not create a tenancy or any other legal right to occupy the unit independent of the member.

9. The long-term guest agrees to comply with all applicable co-op by-laws, policies and rules while on co-op property.

10. The member agrees to notify the co-op immediately if the long-term guest permanently leaves the unit before the Latest End Date.

Signatures

Date: _____________________     ____________________________________

Name of member:

Date: _____________________     ____________________________________

Name of member:

Date: _____________________     ____________________________________

Name of long-term guest:

Accepted on behalf of Windmill Line Co-operative Homes Inc.

Date: _____________________     ____________________________________

Name:

Title:

Windmill Line Co-operative Homes Inc.

All members and the sub-occupant must sign.

Names of members: ________________________________________________
________________________________________________

Name of sub-occupant: ____________________________________________

Unit address: ________________________________________________
________________________________________________

Start Date: ________________________________________________

End Date: ________________________________________________

Note: If there is more than one member, the word “member” in this Agreement refers to all members listed above.

Terms of Agreement

1. The co-op agrees that the sub-occupant can occupy the member’s unit only during the period stated in this Agreement.

2. The member remains responsible to the co-op for all housing charges and all obligations under the Occupancy Agreement and the co-op’s by-laws during the sub-occupancy.

3. The sub-occupant agrees to comply with the Occupancy By-law and all other applicable co-op by-laws, policies and rules while occupying the unit.

4. The sub-occupant acknowledges that this Agreement does not create membership in the co-op or any tenancy or independent right to occupy the unit.

5. The sub-occupant agrees to leave the unit immediately when:

• this Agreement expires or is terminated
• the member returns to occupy the unit
• the member’s occupancy rights end, or
• the co-op requires the sub-occupant to leave under the Occupancy By-law.

6. If the sub-occupant does not leave as required, the co-op may take legal action to require the sub-occupant to leave the unit and the co-op property.

7. The member must notify the co-op immediately if the sub-occupancy ends before the End Date stated in this Agreement.

Signatures

Date: _____________________     ____________________________________

Name of member:

Date: _____________________     ____________________________________

Name of member:

Date: _____________________     ____________________________________

Name of sub-occupant:

Accepted on behalf of Windmill Line Co-operative Homes Inc.

Date: _____________________     ____________________________________

Name:

Title:

Windmill Line Co-operative Homes Inc.

To members: ________________________________________________
________________________________________________

Address of member unit: ______________________________________
______________________________________

The board of directors is going to consider ending your membership and occupancy rights and evicting you.

The board of directors is going to consider whether you have broken section 11.1 (Eviction for Arrears or Persistent Late Payment) of the Occupancy By-law, and, if so, whether you should be evicted. The grounds for this are stated in this Notice.

The meeting to consider this will be in the place and at the time stated in this Notice. You do not have to arrive before the arrival time stated in this Notice.

The proposed date for ending your membership and occupancy rights (the “termination date”) is stated in this Notice. The board may set a later date.

You may appear and speak at the meeting. You may present written material. You may have a lawyer or other representative speak for you.

You do not have to vacate the unit, but after your membership and occupancy rights are ended, the Co-operative may get possession of the unit by obtaining an order of the Landlord and Tenant Board terminating your occupancy and evicting you under Part V.1 of the Residential Tenancies Act, 2006.

Complete one box and delete others:

IN-PERSON ATTENDANCE ONLY

Place of board meeting: ______________________________________________

Time and date of board meeting: ______________________________________

Time for arrival: ___________________________________________________

ELECTRONIC ATTENDANCE ONLY

Time and date of board meeting: ______________________________________

Instructions for attending: Click on link:

Password:

Or dial phone number:

Phone Number in case of problems:

Time for connecting: ___________________________________________________

IN-PERSON OR ELECTRONIC ATTENDANCE

Place of board meeting: ______________________________________________

Time and date of board meeting: ______________________________________

Instructions for attending: Click on link:

Password:

Or dial phone number:

Phone Number in case of problems:

Time for connecting or arrival: ________________________________________

Proposed termination date: ________________________________________

Grounds of termination: (Delete (a) or (b) if not applicable)

(a) Housing charges owing: $ ________________ as of ______________________

(b) Persistent late payment

Attachments: Copy of Member Ledger as of __________________________

Other _______________________

Signature

Windmill Line Co-operative Homes Inc.

Date: _____________________     By: _______________________________

Print name:

Title:

Windmill Line Co-operative Homes Inc.

To members: ________________________________________________
________________________________________________

Address of member unit: ______________________________________
______________________________________

The board of directors is going to consider ending your membership and occupancy rights and evicting you.

The board of directors is going to consider whether you have broken the Occupancy By-law and, if so, whether you should be evicted. The grounds for this are stated in this Notice.

The meeting to consider this will be in the place and at the time stated in this Notice. You do not have to arrive before the arrival time stated in this Notice.

The proposed date for ending your membership and occupancy rights (the “termination date”) is stated in this Notice. The board may set a later date.

You may appear and speak at the meeting. You may present written material. You may have a lawyer or other representative speak for you.

You do not have to vacate the unit, but after your membership and occupancy rights are ended, the Co-operative may get possession of the unit by obtaining an order of the Landlord and Tenant Board terminating your occupancy and evicting you under Part V.1 of the Residential Tenancies Act, 2006.

Complete one box and delete others:

IN-PERSON ATTENDANCE ONLY

Place of board meeting: ______________________________________________

Time and date of board meeting: ______________________________________

Time for arrival: ___________________________________________________

ELECTRONIC ATTENDANCE ONLY

Time and date of board meeting: ______________________________________

Instructions for attending: Click on link:

Password:

Or dial phone number:

Phone Number in case of problems:

Time for connecting: ___________________________________________________

IN-PERSON OR ELECTRONIC ATTENDANCE

Place of board meeting: ______________________________________________

Time and date of board meeting: ______________________________________

Instructions for attending: Click on link:

Password:

Or dial phone number:

Phone Number in case of problems:

Time for connecting or arrival: ________________________________________

Proposed termination date: ________________________________________

Grounds of termination:

(a) By-laws and parts of by-laws: ___________________________________

_________________________________________________________________

(b) Summary of facts: ____________________________________________

_________________________________________________________________

Attachments: (See section 12.2(c) (Notice to Appear Additional Information) of the Occupancy By-law about what should be included. List the Attachments here.)

_________________________________________________________________

_________________________________________________________________

Signature

Windmill Line Co-operative Homes Inc.

Date: _____________________     By: _______________________________

Print name:

Title:

Windmill Line Co-operative Homes Inc.

Members: ________________________________________________
________________________________________________

Address of member unit: ______________________________________
______________________________________

Note: If there is more than one member, the word “member” in this Decision refers to all members listed above.

Background

The Co-operative gave the member a Notice to Appear as required by the Co-operative Corporations Act and the by-laws.

Decision

The occupancy rights of the member in the unit are ended on the termination date stated in this Decision. The membership of the member in the Co-operative is ended on the same date.

Reasons

The board of directors made its decision because the member broke the Co-operative’s by-laws and eviction is appropriate.

Additional decision, if any:

_____________________________________________________________

_____________________________________________________________

Date of board meeting: __________________________________________

A member attended the board meeting: Yes: ______ No: ______ Who: ______

Representative of a member attended board meeting: Yes: ______ No: ______

Name of representative: __________________________________

Kind of representative: Lawyer ___ Paralegal ___ Other _______________________

Termination date: ________________________________________

Grounds of termination: (Insert grounds from Notice to Appear as decided by board)

(a) By-laws and parts of by-laws broken: ____________________________

_____________________________________________________________

(b) Summary of facts: ____________________________________________

_____________________________________________________________

_____________________________________________________________

This document is a resolution of the board of directors passed on the date of the board meeting stated in this document and this resolution is still in effect and has not been amended.

Signature

Windmill Line Co-operative Homes Inc.

Date: _____________________     By: _______________________________

Print name:

Title:

Windmill Line Co-operative Homes Inc.

To members: ________________________________________________
________________________________________________

Address of member unit: ______________________________________
______________________________________

A meeting of the board of directors was held on the date stated in this Notice. You were given a Notice to Appear to be considered at that meeting. The board of directors decided to end your membership and occupancy rights on the termination date stated in this Notice.

You do not have to vacate your unit, but the Co-operative may get possession of the unit by obtaining an order of the Landlord and Tenant Board terminating your occupancy and evicting you under Part V.1 of the Residential Tenancies Act, 2006.

Additional decision, if any:

_____________________________________________________________

_____________________________________________________________

Date of board meeting: ____________________________________

Housing charges owing at time of board meeting (if applicable):

$ ________________ as of ______________________

Termination date: ________________________________________

Signature

Windmill Line Co-operative Homes Inc.

Date: _____________________     By: _______________________________

Print name:

Title:

Windmill Line Co-operative Homes Inc.

To members: ________________________________________________
________________________________________________

Address of member unit: ______________________________________
______________________________________

A meeting of the board of directors was held on the date stated in this Notice. You were given a Notice to Appear to be considered at that meeting. The board of directors decided to end your membership and occupancy rights on the termination date stated in this Notice.

You do not have to vacate your unit, but the Co-operative may get possession of the unit by obtaining an order of the Landlord and Tenant Board terminating your occupancy and evicting you under Part V.1 of the Residential Tenancies Act, 2006, if it applies, or else by obtaining a writ of possession from the court.

Additional decision, if any:

_____________________________________________________________

_____________________________________________________________

Date of board meeting: ____________________________________

Termination date: ________________________________________

Grounds of termination: (Insert grounds from board decision)

(a) By-laws and parts of by-laws broken: ____________________________

_________________________________________________________________

(b) Summary of facts: ____________________________________________

_________________________________________________________________

_________________________________________________________________

Signature

Windmill Line Co-operative Homes Inc.

Date: _____________________     By: _______________________________

Print name:

Title:

Windmill Line Co-operative Homes Inc.

Members: ________________________________________________
________________________________________________

Address of member unit: ______________________________________
______________________________________

Note: If there is more than one member, the word “member” in this Agreement refers to each member.

Date of board meeting: __________________

Date of this Agreement: __________________

Housing charges owing at date of this Agreement: $ __________________

A meeting of the board of directors was held on the date stated in this Agreement. The member was given a Notice to Appear to be considered at that meeting.

The member

• admits that the co-op is owed the amount of housing charges stated in this Agreement.
• admits that the member has persistently paid housing charges late.
• agrees to pay the entire amount owing as follows:

_____________________________________________________________
_____________________________________________________________
_____________________________________________________________

• agrees to make these payments to the co-op office by 4:00 p.m. on or before the agreed dates. If any of the agreed dates is a weekend or holiday, the payment must be made by 4:00 p.m. on the next business day.
• agrees to pay all monthly housing charges on or before the housing charge payment day during each month from the date this agreement is signed.
• agrees to make all arrears and monthly housing charge payments by certified cheque or money order or debit card (if available at the co-op). This will apply until all arrears are paid.
• agrees to meet all the deadlines in this Agreement and not to miss any of them without advance written permission from the co-op.

The member understands the terms of this Agreement and has had the opportunity to get legal advice.

>>> (Choose ONE of the following three paragraphs, as applicable. Delete the others.)

If the member breaches this Agreement, a Notice to Appear may be issued and the member may be evicted.

>>> (OR)

The board of directors decided to end the member’s membership and occupancy rights in the above unit. The eviction decision is cancelled on signing this Agreement. If the member breaches this Agreement, a new Notice to Appear may be issued and the member may be evicted.

>>> (OR)

The board of directors decided to end the member’s membership and occupancy rights in the above unit. The eviction decision is suspended on signing this Agreement. If the member breaches this Agreement, the eviction decision will become effective. The date of termination of membership and occupancy rights will be ten days after a written notice served on the member as stated in section 17.8 (Serving Eviction Documents) of the Occupancy By-law. The notice must state the termination date and details of the breach of this Agreement.

Signatures

Windmill Line Co-operative Homes Inc.

Date: _____________________     By: _______________________________

Print name:

Title:

Date: _____________________     ____________________________________

Print name of member:

Date: _____________________     ____________________________________

Print name of member:

Date: _____________________     ____________________________________

Print name of member:

Windmill Line Co-operative Homes Inc.

Members: ________________________________________________
________________________________________________

Address of member unit: ______________________________________
______________________________________

Note: If there is more than one member, the word “member” in this Agreement refers to each member.

Date of board meeting: __________________

Date of this Agreement: __________________

A meeting of the board of directors was held on the date stated in this Agreement. The member was given a Notice to Appear to be considered at that meeting.

The member

• admits that the following is true: __________________________________

_____________________________________________________________
_____________________________________________________________
_____________________________________________________________ .

• agrees to: _____________________________________________________

_____________________________________________________________
_____________________________________________________________
_____________________________________________________________ .

• authorizes the co-op to give information about this agreement to others as follows:

_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________ .

The member understands the terms of this Agreement and has had the opportunity to get legal advice.

>>> (Choose ONE of the following three paragraphs, as applicable. Delete the others.)

If the member breaches this Agreement, a Notice to Appear may be issued and the member may be evicted.

>>> (OR)

The board of directors decided to end the member’s membership and occupancy rights in the above unit. The eviction decision is cancelled on signing this Agreement. If the member breaches this Agreement, a new Notice to Appear may be issued and the member may be evicted.

>>> (OR)

The board of directors decided to end the member’s membership and occupancy rights in the above unit. The eviction decision is suspended on signing this Agreement. If the member breaches this Agreement, the eviction decision will become effective. The date of termination of membership and occupancy rights will be at least ten days after a written notice served on the member as stated in section 17.8 (Serving Eviction Documents) of the Occupancy By-law. The notice must state the termination date and details of the breach of this Agreement.

Signatures

Windmill Line Co-operative Homes Inc.

Date: _____________________     By: _______________________________

Print name:

Title:

Date: _____________________     ____________________________________

Print name of member:

Date: _____________________     ____________________________________

Print name of member:

Date: _____________________     ____________________________________

Print name of member:

In case of conflict the Co-operative Corporations Act and the By-law will govern over Attachment A.

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Housing charge payment day

3.3(a) Housing charges are due before noon on the housing charge payment day.

Example: Co-op has open office hours five days a week. Housing charge payment day is first business day.

September 1 is a Sunday.

Monday, September 2 is a public holiday—Labour Day.

Housing charges are due on Tuesday, September 3—the first business day in September.

---

Budget

4.3 Must be delivered at least ten days before the budget meeting.

Example: Budget meeting is June 16.

Last day to deliver a copy of the budget is June 6.

---

Changed housing charges

4.4 Begin on the first day of the third month after the members decide on the change.

Example: Budget meeting is June 16 and members approve a change.

July is the first month after the decision.

August is the second month after the decision.

Therefore, housing charge change takes effect on September 1. Changed housing charges apply for September.

---

Notice of entry

5.2(b) 48 hours notice is required. A time range can be given (5.2(d)).

Example:

Plumber to arrive at 8:00 a.m. on Monday, June 16 to work on several units; will be there for a week.

Notice must be given by 8:00 a.m. on Saturday, June 14. Notice can cover the whole week to June 20.

---

Notice to Appear

11.2(c) Manager normally gives a Notice to Appear on the seventh day after the housing charge payment day.

Example:

Housing charge payment day is Tuesday, September 3.

Manager normally gives Notice to Appear on Tuesday, September 10.

---

Replacing a failed payment

11.3(b) A failed payment must be replaced within two business days after notice.

Example:

Member is notified on Tuesday.

Replacement payment must be received by Thursday.

---

Notice to Appear

11.7(a) Notice to Appear must be given at least ten days before the board meeting.

Example:

Board meeting is June 16.

Last day to give the Notice to Appear is June 6.

---

Notice of Eviction Decision

13.1(e) Notice of Eviction Decision must be given within ten days after the board meeting.

Example:

Board meeting is June 16.

Last day to give Notice of Eviction Decision is June 26.

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Performance Agreement / Conditional Eviction

14.5(a) and (b) Member breaks performance agreement or condition in eviction decision.

Member must be given at least 10 days’ notice of decision to proceed with the eviction.

Example:

Member misses payment due on June 16.

Notice is given to member on Tuesday, June 17.

First day to take legal action or other steps is Friday, June 27.