Occupancy By-law

OCCUPANCY BYLAW - Download as PDF

 

A By-law about the rights and obligations of the co-op and the members 

By-law No. 39

 
   

OCCUPANCY BY-LAW

 
   

 

This By-law repeals and replaces:

By-law No. 15 passed by the Board of Directors July 13, 1993.

By-law No. 15 passed by the General Membership on August 17, 1993

By-law No. 15 approved as amended as By-law No. 26 by the General Membership November 20, 2001.

By-Law No. 26 approved as amended as an unnumbered By-law by the General members on December 17, 2001.

By-Law No. 39 passed by the Board of Directors on August 15, 2018

Confirmed by the General Membership on May 26, 2019


Table of Contents

Article 1:         About this By-Law...................................................... 1

1.1          Introduction.............................................................. 1

1.2          Priority of this By-law.............................................. 1

1.3          Repeals..................................................................... 1

1.4          Laws about Occupancy.......................................... 2

1.5          Occupancy Agreement........................................... 2

1.6          Special Meanings................................................... 4

1.7          Summary of Time Requirements.......................... 5

Article 2:         Members’ Rights......................................................... 6

2.1          Use of a Unit and the Co-op’s Facilities.............. 6

Article 3:         Members’ Contributions............................................ 7

3.1          Housing Charges.................................................... 7

3.2          Member Involvement.............................................. 8

3.3          Payment of Housing Charges.............................. 8

3.4          Other Charges......................................................... 8

3.5          Member Deposit....................................................... 9

3.6          Housing Charges Are Per-Unit.......................... 10

3.7          Housing Charge Subsidy.................................... 10

3.8          All Charges Are Housing Charges.................... 10

3.9          Arrears..................................................................... 10

Article 4:         Setting Housing Charges....................................... 11

4.1          The Members Set the Full Monthly Housing Charges          11

4.2          Annual Budgets.................................................... 11

4.3          Notice of Proposed Budget................................. 12

4.4          Changes in Housing Charges........................... 12

4.5          Mid-year Change in Housing Charges............. 12

Article 5:         Members’ Units......................................................... 13

5.1          Maintenance and Repair..................................... 13

5.2          Privacy.................................................................... 15

5.3          Damage to Units.................................................... 16

5.4          Members’ Insurance............................................. 17

Article 6:         Use of Units.............................................................. 18

6.1          Residences............................................................ 18

6.2          Principal Residence............................................. 18

6.3          Absence from Principal Residence................... 18

6.4          Related Uses......................................................... 19

6.5          No Transfer of Membership or Occupancy Rights     20

6.6          No Profit from Unit................................................ 20

6.7          Co-op’s Insurance................................................ 21

Article 7:         Behaviour.................................................................. 22

7.1          Prohibited Conduct............................................... 22

7.2          Human Rights....................................................... 22

7.3          Violence.................................................................. 22

7.4          Domestic Violence................................................ 22

7.5          Return after Violence........................................... 24

7.6          Explanations.......................................................... 25

7.7          Calling Police and Other Authorities................. 25

7.8          Acts of Others........................................................ 25

7.9          Criticism of Board and Staff................................ 25

7.10       No Trespass Notices............................................. 26

7.11       Animals................................................................... 27

Article 8:         Members’ Households and Guests...................... 28

8.1          Basic Requirements............................................. 28

8.2          Addition of a Member........................................... 28

8.3          Turning Sixteen..................................................... 29

8.4          Long-term Guests.................................................. 29

8.5          Casual Guests....................................................... 30

8.6          Sub-Occupancy and Absence from Unit.......... 30

8.7          Evicted Persons.................................................... 31

Article 9:         Household Size........................................................ 32

9.1          Purpose of Household Size Requirements..... 32

9.2          When Household Size Rules Apply.................. 32

9.3          Minimum Household Size................................... 32

9.4          Not Meeting Minimum Household Size............ 33

9.5          Reporting Change in Household Size.............. 33

9.6          Subsidized Households...................................... 34

Article 10:      How Members Withdraw from the Co-op............. 35

10.1       Membership and Occupancy Are Linked......... 35

10.2       Ending Membership and Occupancy................ 35

10.3       Part of Household Ends Membership and Occupancy         36

10.4       Death of a Member............................................... 37

10.5       Vacant or Abandoned Unit.................................. 37

Article 11:      Dealing with Arrears and Late Payment.............. 39

11.1       Eviction for Arrears or Persistent Late Payment 39

11.2       Non-Payment and Late Payment....................... 39

11.3       Replacement Payment......................................... 40

11.4       Late Payment and Failed Payment.................... 41

11.5       Directors in Arrears............................................... 41

11.6       Arrears Payment Agreements............................. 42

11.7       Notice to Appear for Arrears or Persistent Late Payment      43

Article 12:      Dealing with Problems (Other Than Arrears)...... 44

12.1       Eviction................................................................... 44

12.2       Notice to Appear.................................................... 44

12.3       Deciding to Give a Notice to Appear.................. 45

12.4       Limits of Action by Co-op..................................... 45

Article 13:      Eviction Procedures................................................ 46

13.1       Board Meeting on Notice to Appear................... 46

Article 14:      Alternatives to Eviction............................................ 47

14.1       Alternatives............................................................ 47

14.2       Conditional Eviction Decisions.......................... 47

14.3       Performance Agreements.................................... 47

14.4       Information to Others............................................ 48

14.5       Non-Performance by Member............................. 48

14.6       Authorization of Performance Agreements...... 48

Article 15:      Appeals to Membership.......................................... 49

15.1       No Appeal to Membership................................... 49

Article 16:      Legal Action.............................................................. 50

16.1       Enforcing Eviction Decisions............................. 50

16.2       Membership Rights on Eviction......................... 50

16.3       Interest.................................................................... 51

16.4       Rights Not Cancelled........................................... 51

16.5       Co-op Costs........................................................... 52

Article 17:      Miscellaneous.......................................................... 53

17.1       Personal Information to Membership................ 53

17.2       Legal Actions against Co-op............................... 53

17.3       External Complaints............................................. 54

17.4       Co-op Employees.................................................. 54

17.5       Non-Member Units................................................ 55

17.6       Non-Members in a Member Unit........................ 55

17.7       Proof........................................................................ 55

17.8       Serving Documents.............................................. 56

17.9       Signing Schedules for Co-op............................. 56

17.10     Minor Errors, Omissions or Irregularities.......... 57

17.11     Starting Date for this By-law............................... 57

Schedule A:  Occupancy Agreement.............................................. 2

Schedule B:  Long-term Guest Agreement.................................... 8

Schedule C:  Sub-Occupancy Agreement................................... 10

Schedule D:  Notice to Appear for Arrears or Persistent Late Payment         14

Schedule E:  Notice to Appear (Other Than for Arrears)........... 15

Schedule F:  Board of Directors’ Eviction Decision for Arrears or Persistent Late Payment                                    17

Schedule G:  Board of Directors’ Eviction Decision (Other Than for Arrears)           19

Schedule H:  Notice of Eviction Decision for Arrears or Persistent Late Payment   21

Schedule I:    Notice of Eviction Decision (Other Than for Arrears)    22

Schedule J:   Performance Agreement Arrears or Persistent Late Payment 23

Schedule K:  Performance Agreement (Other Than for Arrears) 25

Attachment A:... Summary of Time Requirements and Examples      27


Article 1:    About this By-Law

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.

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.

1.3    Repeals

  • (a) By-laws

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

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

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.

  1. 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.
  1. The Residential Tenancies Act has rules about co-op evictions that are not in this By-law.
  2. 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.

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.

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.

1.7    Summary of Time Requirements

Attachment A at the end of this By-law is a summary of the time requirements for some actions by the co-op as required under this By-law and the Co-operative Corporations Act. In case of conflict the Co-operative Corporations Act and the By-law will govern over Attachment A.


Article 2:    Members’ Rights

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

The co-op gives members the right to:

      live in their housing unit

      use their parking space if any,

      use the co-op’s common facilities, and

      be involved in the governance of the co-op.

Members have to follow co-op by-laws and policies in using these rights.


Article 3:    Members’ Contributions

3.1    Housing Charges

  • (a) Monthly housing charges

Each member must pay regular monthly housing charges to the co-op. Regular monthly housing charges are made up of:

      the full monthly housing charges for the member’s unit, less any housing charge subsidy

      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.

  • (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.

  • (c) Not included in housing charges

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

      telephone for a unit

      internet for a unit

      insurance on the member’s personal property

      the member’s personal liability insurance.

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

  • (d) Adjusting items in housing charges

This By-law has to be amended in order to change the items that are included in housing charges or not included in housing charges.

3.2    Member Involvement

Members must attend all general members’ meetings or send regrets if they are unable to attend.  Members should take part in the other activities of the co-op.

3.3    Payment of Housing Charges

  • (a) Time of payment

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

  • (b) No cash payments

Housing charges cannot be paid in cash.

  • (c) Pre-authorized payment

Members can pay housing charges in a pre-authorized way. This is usually more convenient for both members and co-op staff. This includes:

      pre-authorized debit, if available at the co-op

      pre-authorized payment, if available at the co-op

      post-dated cheques.

Arrangements can be made at the co-op office.

  • (d) Other ways to pay

Members can pay each month by debit card at the co-op office, if debit card payment is available at the co-op.

Members who do not pay in any of the ways stated above have to pay by monthly cheque or money order. These have to be delivered to the co-op office. If no one is in the office, they can be put into the co-op office mail box.

3.4    Other Charges

Members are responsible for and must pay the co-op for any extra costs, charges or expenses caused by:

      the member,

      any 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.

3.5    Member Deposit

  • (a) Paying the member deposit

Members must pay a member deposit to the co-op.  Members cannot use this deposit as the last month’s housing charges. Members must pay this deposit before moving into their unit, unless the co-op allows them to pay it over time. This could be over several months. This must be stated in a deposit payment agreement prepared by the manager and signed by the member and the co-op.

  • (b) Amount of the member deposit

If members pay the full monthly housing charges, they must pay a member deposit equal to the monthly housing charges plus 40 percent.

If members receive housing charge subsidy, they must pay a member deposit equal to their monthly subsidized housing charges plus 40 percent of the full monthly housing charge.

The member deposit is rounded to the nearest dollar.

  • (c) Adjusting the member deposit when housing charges change

The amount of the member deposit will be adjusted by the same percentage as any change in the member’s monthly housing charges.

Members must pay the amount of any increase on a date set by the board of directors unless the members’ meeting approving the new housing charges decides on a different date. If there is a reduction, members will get a credit on future charges.

  • (d) Returning the member deposit

The co-op will return the member deposit when the member and the member’s household leave the co-op permanently. Before returning the deposit, the co-op can deduct any amount which the member owes because:

      the member did not give enough notice

      the unit was not left in the condition required under the co-op by-laws

      the member owes money to the co-op, or

      the member did not pay their last month’s housing charges.

  • (e) Interest on the member deposit

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

3.6    Housing Charges Are Per-Unit

Housing charges and member deposits are payable on a per-unit basis. If more than one member occupies a unit, they are each responsible for the total housing charges—not just a share of them. It does not matter if they are members of the same family or what arrangement they have between them. They must make one single monthly payment to the co-op.

If any person moves out of the unit, the remaining members in that unit are still responsible for all the charges which apply to the unit.

3.7    Housing Charge Subsidy

Members who have a housing charge subsidy owe the co-op the full housing charges less the subsidy. If the housing charge subsidy funds are provided by government or other funders and the co-op does not receive the subsidy funds, the members must pay the full housing charges. It does not matter why the funds were not received. It could be because a member was not entitled to the housing charge subsidy, or the funder changed its policies, or for any other reason.

3.8    All Charges Are Housing Charges

Housing charges include all amounts that the co-op charges to members or that members owe the co-op. All these amounts can be collected by the co-op in the same way as housing charges.

3.9    Arrears

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

Article 4:    Setting Housing Charges

4.1    The Members Set the Full Monthly Housing Charges

The full monthly housing charges and parking charges can be set only by a vote of the members at a general meeting. Members do this annually or more often as needed. A budget must be presented to the members for approval when they are asked to consider a change in charges. Existing charges continue until the members approve a change. The members may approve charges that are different from those proposed in the budget. There should normally be a separate motion approving the housing and parking charges even though these are also stated in the budget materials.

4.2    Annual Budgets

  • (a) Operating budget

Each year the board of directors will submit an operating budget for the next fiscal year for approval of the members at a general meeting. The operating budget must contain:

      the total expected cost of operating the co-op

      a breakdown of the total expected cost in detailed categories

      the full monthly housing charges proposed for each unit or kind of unit

      the charges proposed for each service provided to members and charged separately, such as parking spaces.

  • (b) Capital budget

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.

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.

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.

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.

Article 5:    Members’ Units

5.1    Maintenance and Repair       

  • (a) Responsibility of the co-op

The co-op must keep all units in a good state of repair and fit for habitation. It must make sure that each unit meets all health, safety and housing standards in government requirements. The co-op must keep the co-op property other than the units and all services and facilities of the co-op to the same standard as the units.

  • (b) Appliances

The co-op must provide each unit with a stove and refrigerator in normal working order.

  • (c) Responsibility of members

Members must keep their units, 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.

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.

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.

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.


Article 6:    Use of Units

6.1    Residences    

Units must be used only as private residences for members, their households and other persons allowed by this By-law.

6.2    Principal Residence

Each member must use the member’s co-op unit as the member’s principal residence and personally occupy it. A member can be temporarily absent from the unit as stated in section 6.3, but the unit must remain the member’s principal residence during the absence.

6.3    Absence from Principal Residence

  • (a) 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.

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.

  • (e) Liability

The member will be responsible for any claims against the co-op, co-op staff, contractors and other members and occupants that are connected to any related use by the member.

  • (f) Insurance for home businesses

A member must have all insurance that is reasonable for a related use including any insurance that is needed to meet government requirements. The member must give the co-op a current copy of the insurance policy and any changes. The member will follow any directions by the co-op about the insurance so that it will protect the co-op in addition to the member. Giving the co-op a copy of the insurance policy or following the co-op’s directions does not transfer the member’s responsibility to the co-op.

6.5    No Transfer of Membership or Occupancy Rights

Members cannot transfer their membership or their occupancy rights to anyone else.

6.6    No Profit from Unit

  • (a) When leaving co-op

Members must not profit, directly or indirectly, when they leave the co-op.

  • (b) Sub-occupancy or sharing

Members must not profit, directly or indirectly, when they allow others to use their unit. This includes sub-occupancy of the unit when the member is away or any sharing arrangement. “Profit” means any amount that is greater than the housing charges payable by the member divided by the number of days in the month. In case of sharing, the applicable monthly housing charges are a reasonable part of the total housing charges payable by the member.

  • (c) Profits go to co-op

Members must pay any profit referred to in this section to the co-op as additional housing charges.

  • (d) Examples

Key money or payments that are higher than the housing charges payable by a member for a unit are examples of “profit” for the purposes of this section. Profit does not include guests or sub-occupants paying their fair share of the housing charges and other household costs, as long as there is no hidden profit.

6.7    Co-op’s Insurance

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


Article 7:    Behavior

7.1    Prohibited Conduct       

The co-op is a community which includes all the residents, visitors and staff. It is also part of the larger neighborhood community. Co-op members must not harass, obstruct, coerce, threaten or interfere with any other member of these communities. Co-op members must not make or allow any noise, nuisance or other act that unreasonably disturbs any other member of these communities. Co-op members must not commit any illegal act in their units or on co-op property.

7.2    Human Rights

Co-op members must respect the human rights of other members of these communities. Co-op members must obey the Ontario Human Rights Code and not do anything that would discriminate against or harass any other member of these communities in a way that would breach the Human Rights Code. Co-op members must strive for an environment at the

co-op that is fair, inclusive and respectful of people’s dignity.

7.3    Violence 

Co-op members must not commit violence against any other member of these communities. Violence can be real or threatened. Violence can be physical, psychological, financial and/or sexual. Child abuse is a kind of violence.

7.4    Domestic Violence         

  • (a) Not tolerated

The co-op does not tolerate domestic violence. It will try to assist victims of domestic violence who live at the co-op. Members who engage in domestic violence may be evicted. Non-members who engage in domestic violence may be removed from the co-op.

  • (b) Meaning

Domestic violence at the co-op is violence against another person who lives in the same unit. The victim or the person who committed domestic violence could be

      a member

      a long-term guest

      a casual guest

      someone who lives at the co-op or is staying at the co-op even if not permitted under this By-law

      an adult or a child.

  • (c) Protecting a child

If a child who lives at the co-op with a parent or other person experiences child abuse or other domestic violence, the parent or other person can also take any of the actions of a victim stated in this section. References to the victim in this section include the parent or other person in addition to the child. If a child is the victim or alleged to be the victim, then the co-op must make sure a Children’s Aid Society has been notified.

  • (d) Rights of victim

Victims of domestic violence who live at the co-op can:

      ask the board of directors to evict any member who commits domestic violence

      ask the board to remove any non-member who commits domestic violence from the co-op

      ask the board to issue a No Trespass Notice against any non-member who has committed domestic violence against the victim. It does not matter if the domestic violence was at the co-op or somewhere else or whether it was before the victim moved into the co-op.

      if the victim is a member, request emergency housing charge subsidy if available under the co-op by-laws and subject to any applicable government requirements

      get information from the co-op on supports available in the community.

  • (e) Right to leave the co-op

If the victim is a member, the victim can give notice of termination of membership and occupancy rights. The notice must state a specific date at least 28 days after the notice is given to the co-op. It does not have to be the last day of a month. If the victim was the only member, the victim will vacate the unit by the termination date and the co-op can take possession. If the victim is not the only member, the victim will stop being responsible to the co-op for the housing charges and other obligations relating to the unit on that date. If the victim is not a member, the victim can terminate any obligations to the co-op on 28 days written notice.

  • (f) Board response

The board of directors can issue a Notice to Appear and evict any member who has committed domestic violence. If a non-member engages in domestic violence, the board can take any steps it considers appropriate to remove the non-member from co-op property. The board can issue a No Trespass Notice against any non-member forbidding that person to enter co-op property. The board can issue a No Trespass Notice against any member or non-member forbidding that person to go to the victim’s unit or parts of the co-op property near the victim’s unit or used by the victim. In all cases it does not matter whether the domestic violence happened at the co-op or somewhere else.

  • (g) Action without complaint

The board of directors can take any of the steps referred to in this section without a complaint from the victim.

  • (h) Procedures

When the board of directors makes a decision about evicting a member, the board has to follow the procedures stated in Article 12 (Dealing with Problems Other Than Arrears) and Article 13 (Eviction Procedures). When the board makes a decision about removing any approved long-term guest from the co-op, it has to follow the procedures stated in section 8.4(d) (Cancelling long-term guest status). In making these decisions or a decision about issuing a No Trespass Notice, it can accept any of the following as proof that domestic violence occurred:

      a restraining order or peace bond is in effect at the time of the decision

      terms of bail allowing no contact are in effect at the time of the decision

      the offending person has been convicted of an offence against the victim

      a written or oral statement from the victim without details that the domestic violence occurred.

  • (i) Applying for membership

If the victim of domestic violence is an approved long-term guest and the person who committed domestic violence was a member and no longer lives at the co-op, the victim can apply for membership under this paragraph. A victim who is accepted for membership under this paragraph may be required to move under section 9.4 (Not Meeting Minimum Household Size) if that section applies. The victim will not receive the member’s housing charge subsidy, but might be able to apply for their own subsidy under government requirements or the co-op’s Subsidy By-law, if it has one.

7.5    Return after Violence

If a victim of violence is ready to let a previously violent person return, the victim can ask the board of directors in writing to reinstate that person’s previous status. The board may reject an application or request from anyone that would permit that person to return to the co-op if the victim does not consent, or if the board thinks it would not be best for the co-op. Section 8.7 (Evicted Persons) applies if that person is on co-op property without the board’s advance written approval. Section 8.5 (Casual Guests) does not apply.

7.6    Explanations

Violence and harassment can be based on a prohibited ground under the Ontario Human Rights Code or on other grounds. Violence, harassment and other prohibited conduct can take place on co-op property or in other places, including on social media. The board of directors does not have to wait until any court charges are heard before evicting someone in the case of violence or other illegal acts.

7.7    Calling Police and Other Authorities

Co-op staff is authorized to contact the police, Children’s Aid Societies and other authorities in case of violence or illegal acts.

7.8    Acts of Others       

Co-op members are responsible for any act or failure to act by

      any member of their household, and

      anyone permitted on co-op property by the co-op member or another member of their household.

Members must make sure that none of those persons does anything that would break this Article or other parts of the co-op by-laws. Co-op members may be evicted as a result of acts or failures to act by those persons and will have to pay for any damage caused by them.

7.9    Criticism of Board and Staff 

Criticism of the job performance of the board of directors and staff is not harassment or a breach of section 7.1 (Prohibited Conduct) if it is made in a reasonable and constructive way. Examples of ways that are not reasonable or constructive include:

      making complaints or requests in a loud or threatening or pressing manner

      refusing to leave the co-op office or adjacent spaces when asked by staff

      making any kind of threat or taking any threatening action against directors or staff

      making personal statements about staff or directors

      making repeated complaints about things that are the same or similar

      sending repeated e-mails or voicemails about things that are the same or similar

      putting complaints on social media or in other public places

      sending complaints to persons outside the co-op in order to embarrass the board or staff.

7.10 No Trespass Notices    

  • (a) Prohibited conduct or violence

The board of directors can issue a No Trespass Notice in order to prevent or control prohibited conduct or violence.

  • (b) Limits

A No Trespass Notice to a member, someone in a member’s household or a board-approved sub-occupant can forbid that person from being on parts of the co-op property other than the member’s unit and the access to the unit. A No Trespass Notice to anyone else can forbid that person from being on co-op property.

  • (c) Right to review

A member can ask the board of directors to reconsider a No Trespass Notice that affects the member or the member’s household, sub-occupants or guests. The request to reconsider has to be delivered to the co-op office within five days after delivery or posting of the No Trespass Notice. The request must be signed by all co-op members in the household. The member will be given at least ten days written notice of a board meeting for reconsideration. The member can be present and make submissions with or without a representative. The board’s decision will be final and cannot be appealed to the membership. The No Trespass Notice will remain in effect during the reconsideration process unless the board decides to suspend it.

  • (d) Additional reviews after one year

A member can ask the board of directors to reconsider a No Trespass Notice one year after it was issued or one year after the last requested review—whichever was later. The request to reconsider must be signed by all co-op members in the household.  The member will be given at least ten days written notice of a board meeting for reconsideration. The member can be present and make submissions with or without a representative. The board’s decision will be final and cannot be appealed to the membership. The No Trespass Notice will remain in effect during the reconsideration process unless the board decides to suspend it.

  • (e) Enforcing No Trespass Notice

The board of directors or co-op staff can take any appropriate action to enforce a No Trespass Notice. A member cannot invite or permit someone to be in the member’s unit or on any part of co-op property if it would be a breach of a No Trespass Notice.

7.11                   Animals

Members are responsible for the behavior of pets or other animals they permit on co-op property.  Members must obey any co-op by-laws or policies about pets and other animals.


Article 8:    Members’ Households and Guests

8.1    Basic Requirements

  • (a) Who is part of a household

In the co-op’s by-laws, household means:

      a member

      any other members living in the unit

      children of the member 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.

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.

8.3    Turning Sixteen

Persons in a member’s household who turn sixteen can apply for membership in the co-op. The application must also be signed by all co-op members in the household. If persons who turn sixteen do not apply for membership or are not accepted as members, they will automatically be considered long-term guests. A long-term guest agreement is not necessary.

8.4    Long-term Guests

  • (a) Approval needed

Members can make a written request to the board of directors to approve someone as a long-term guest. The request must be signed by all co-op members in the household. The proposed guest must sign the request 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.

8.5    Casual Guests

Members can have only a reasonable number of casual guests.

A casual guest may not stay at the co-op for more than three months in any year. Persons will be considered as staying at the co-op even if they are away from the

co-op for short periods. If members wish someone to stay longer, they must ask the board of directors to approve that person as a long-term guest as stated in section 8.4 (Long-term Guests).

8.6    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.

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.


Article 9:    Household Size

9.1    Purpose of Household Size Requirements

The co-op has established minimum household size rules in order to balance the co-op’s obligation to make the best use of co-op property and the right of co-op members to have long-term security in their units.

9.2    When Household Size Rules Apply

The minimum household size rules in this Article apply in the following situations:

  • (a) New members

A household cannot be allocated a unit and move into the co-op unless the household size meets the minimum requirement for that unit.

  • (b) Moving to a different unit

A household cannot move to a different unit unless the household size meets the minimum requirement for the new unit or gets closer to it.

  • (c) Splitting a household

A member cannot move to a new unit while another member remains in the old unit unless the household size in each unit meets the minimum requirement.

  • (d) When a household is reduced in size

Section 9.4 (Not Meeting Minimum Household Size) applies if a member of the household stops occupying a unit and the remaining members in the household do not meet the minimum requirement for the unit.  Section 9.4 does not apply if one of the remaining members has lived in the unit for at least 10 years.

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

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.

9.5    Reporting Change in Household Size

If the number of persons in a member’s household changes, the member must give written notice of the change to the co-op office within ten days, including the names of the persons involved. This applies whether or not the persons who left or arrived are co-op members.

9.6    Subsidized Households

Subsidized households have to meet any household size standards and other rules in government requirements and in the co-op’s Subsidy By-law, if it has one. These are in addition to what is stated in this Article.


Article 10:   How Members Withdraw from the Co-op

10.1 Membership and Occupancy Are Linked

Members cannot withdraw from membership without ending their occupancy rights. Members cannot end their occupancy rights without withdrawing from membership. A notice to end occupancy is also a notice to withdraw from membership and a notice to withdraw from membership is also a notice to end occupancy rights.

10.2 Ending Membership and Occupancy

This section applies when all members in a household wish to end membership and occupancy rights. The procedure is based on the requirements of the Co-operative Corporations Act.

  • (a) Last day of a month

Each member must give advance written notice of termination to the co-op. The notice must state a termination date. The termination date must be the last day of a month. Membership and occupancy rights end on the termination date stated in the notice.

  • (b) 60 days’ notice

The amount of notice given must be at least 60 days. There is an exception if the termination date is the last day of February or March.

  • (c) February and March

If the termination date is the last day of February, the notice can be given on or before January 1 of that year.

If the termination date is the last day of March, the notice can be given on or before February 1 of that year.

  • (d) Not enough notice

If a member gives less than the required notice of termination, the termination will still be effective. The termination date will be 60 days after the notice is given. If that is not the last day of a month, the termination date will be the last day of that month.

  • (e) No withdrawal of notice without consent

Members cannot withdraw a notice of termination without the written consent of the board of directors. The board can refuse to allow members to withdraw a notice 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.

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.

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.

10.5 Vacant or Abandoned Unit

If a unit is vacant or abandoned, the co-op can take possession or the board of directors can decide to take legal action. The procedures in Articles 11 to 15 relating to eviction do not apply. Membership and occupancy rights end on the day that the co-op takes possession.


Article 11:   Dealing with Arrears and Late Payment

11.1 Eviction for Arrears or Persistent Late Payment

The board of directors can evict a member if the member owes housing charges to the

co-op or is persistently late in payment of housing charges.

11.2 Non-Payment and Late Payment

  • (a) Procedures

This section states procedures to ensure that member arrears are dealt with quickly and fairly. The board of directors can change these procedures if it decides that other procedures would be better. A Notice to Appear for arrears can be issued without following the procedures in this section.

  • (b) Late payment letter

The manager will send a late payment letter to each member who did not pay housing charges in full or arrange an arrears payment agreement by noon on the housing charge payment day. The letter will normally be sent before the end of the 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.

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.

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) Crediting payments

Money received from members will be credited first to amounts owing to the co-op other than regular monthly housing charges and then to regular monthly housing charges. It does not matter what is stated on any cheque, covering letter or other communication. The only exception is if an arrears payment agreement says something else.

11.5 Directors in Arrears

  • (a) Directors’ arrears policy

If directors are in arrears, it:

      undermines the co-op’s governance

      weakens the co-op’s financial management

      sends the wrong message to members of the co-op and to government.

  • (b) No director arrears

A director must not owe any money to the co-op other than future payments for a member deposit. A director must have a signed payment agreement for these payments.

  • (c) Procedure for director arrears

If a director is in arrears, the manager will follow the steps in section 11.2 (Non-Payment and Late Payment). The manager will also report to the board of directors on the director’s arrears at the next board meeting if the arrears are not paid in full by that time. If still in arrears, the director will automatically cease to be a member of the board at the beginning of the meeting.

If there is any dispute about whether there are arrears, the director must state it in writing and deliver it to the manager before the next board meeting. In that case the director will still be on the board at the beginning of the meeting and can explain the dispute. The board will decide the dispute. The board decision is final. If the board decides the director is in arrears, then the director will automatically cease to be 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.

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) Limits

Generally, the co-op will not approve more than one arrears payment agreement for a household in a year or an arrears payment agreement where full payment will not be made within 60 days.

  • (f) Non-payment

If a member does not make the payments stated in an arrears payment agreement, the manager will give each co-op member in the household a Notice to Appear. This does not apply if the arrears payment agreement states something else.

11.7 Notice to Appear for Arrears or Persistent Late Payment

  • (a) Issuing Notice to Appear

A Notice to Appear for Arrears or Persistent Late Payment (or both) must contain the information in Schedule D attached to this By-law. It must be given at least ten days before the board of directors’ meeting where it will be considered.

  • (b) Termination date

The proposed termination date in the Notice to Appear will be ten days after the board of directors’ meeting or later.


Article 12:   Dealing with Problems (Other Than Arrears)

12.1 Eviction

The board of directors can evict a member if the member has broken the by-laws in a way the board considers serious or if someone the member is responsible for under the by-laws has done so.

This includes repeated breaches of the by-laws that the board considers serious even if the situation was corrected after notice was given.

12.2 Notice to Appear

  • (a) When Notice to Appear required

A Notice to Appear must be given to a member before the board of directors can decide to evict the member. It must be given at least ten days before the board meeting where it will be considered.

  • (b) Information in Notice to Appear

A Notice to Appear under this Article must contain the information in Schedule E attached to this By-law.

  • (c) Additional information

When a Notice to Appear is given to a member, it should include copies of any written materials that the board of directors may consider at the meeting. Examples would be a report from the manager on the background and letters of complaint from others. The name of the person who complained and details that could identify that person can be deleted if reprisals are a possibility or for other good reasons. Irrelevant parts of the written materials may be deleted. Correspondence and notices between the co-op and the member do not have to be included.

  • (d) Termination date in Notice to Appear

The proposed termination date in the Notice to Appear will be ten days after the board of directors meeting or later.

12.3 Deciding to Give a Notice to Appear

  • (a) No prejudgment

The board of directors can decide to issue a Notice to Appear. When making this decision, the board must not prejudge the situation. It cannot make any conclusion about evicting without following the Notice to Appear process in this By-law.

  • (b) Other by-laws may apply

When a complaint is received by the board of directors or staff, or when the board or staff becomes aware of any problem, it may be dealt with under other by-laws, such as a Human Rights By-law, if the co-op has one. In addition, the board or the manager can decide to issue a Notice to Appear instead of following the procedures in other by-laws that could be applicable.

12.4 Limits of Action by Co-op

  • (a) Factors to consider

There may be problem situations where the co-op should not take action even if there has been a breach of this By-law or other co-op by-laws. The board of directors has to consider things like:

      the evidence available about what happened

      the seriousness of what happened

      the appropriateness of eviction as a response

      the costs involved in evicting someone.

  • (b) No co-op liability

The co-op has no liability to anyone for prohibited conduct or other misbehaviour by a member or anyone else, even if the prohibited conduct or misbehaviour is a breach of this By-law or other co-op by-laws. The co-op has no obligation to issue a Notice to Appear or a No Trespass Notice in any specific case or to take any steps towards eviction. An exception is that the co-op could have liability if the person is acting officially on behalf of the co-op.


Article 13:   Eviction Procedures

13.1 Board Meeting on Notice to Appear

  • (a) Member and representative can attend meeting

When a Notice to Appear has been given, the member can appear at the board of directors meeting and can have a lawyer or other representative. The member and a representative can speak at the meeting. They can also deliver written statements at the meeting or before the meeting. They can take notes but cannot 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.


Article 14:   Alternatives to Eviction

14.1 Alternatives

The board of directors can take steps to deal with issues without eviction. These could happen after a Notice to Appear was issued or without a Notice to Appear. Some examples are:

      mediation, which could be paid for by the co-op

      limiting access by a member or another person to the co-op staff or office or other parts of co-op property or requiring different ways of access

      limiting or prohibiting access by non-residents to co-op property

      limiting contact between certain households or household members

      sending a warning letter

      signing an arrears payment agreement

      signing a performance agreement

      having a conditional eviction decision.

14.2 Conditional Eviction Decisions

When a Notice to Appear is considered by the board of directors, the board can decide to evict a member, but also decide that the eviction will not go ahead if the member meets conditions stated in the decision, such as that the member does something or stops doing something as stated in the decision.

14.3 Performance Agreements

The board of directors can decide to sign a performance agreement in some situations. Examples include:

      A condition under section 14.2 (Conditional Eviction Decisions) could be that the member sign and comply with a performance agreement (including an arrears payment agreement).

      The board could decide not to pass an eviction decision if a performance agreement is signed.

      The board could decide to sign a performance agreement instead of issuing or considering a Notice to Appear.

Sample performance agreements are in Schedules J and K of this By-law.

14.4 Information to Others

  • (a) Limited information

The board of directors must limit information about a performance agreement or conditional eviction decision that it gives to a member who complained and to others.

  • (b) What can be disclosed

A performance agreement can state what information can be given to other people. If it does not state this, the board of directors can decide to disclose that there is a performance agreement but not personal information that led to the agreement. The board may be able to disclose some of the details of the agreement that do not involve sensitive information.

  • (c) Example

For example, someone who complained can be told that there is a performance agreement that includes not playing the radio after 10.00 p.m., but not about other parts of the agreement that relate to medical treatment of the member involved.

14.5 Non-Performance by Member

  • (a) If member breaks conditions in eviction decision

If a member does not perform the conditions stated in a conditional eviction decision, the co-op can go ahead with the eviction. The board of directors can decide to go ahead or the manager can be authorized to do so. The decision will be final and cannot be appealed to the membership. The member will be given at least ten days’ notice of the decision. The notice must state the termination date and details of the breach of the conditions. The member’s membership and occupancy rights end at the end of the notice period.

  • (b) If member breaks performance agreement

If a member does not comply with a performance agreement required by a conditional eviction decision, paragraph (a) applies. If the performance agreement was not required by a conditional eviction decision, the board of directors must issue a Notice to Appear if it wishes to consider eviction.

14.6 Authorization of Performance Agreements

All performance agreements must be authorized by the board of directors except as stated in section 11.6 (Arrears Payment Agreements). The board can authorize the manager or someone else to decide on a performance agreement and/or to approve the actual wording of a performance agreement.


Article 15:   Appeals to Membership

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.


Article 16:   Legal Action

16.1 Enforcing Eviction Decisions

Unless the board of directors decides something else, the co-op manager is authorized to start legal action as a result of decisions under previous sections. The board can limit the manager’s authority, either generally or in specific cases. The board can designate a director or someone else to work with the manager. The board can choose another person instead of the manager, either generally or in specific cases.

Unless the board decides something else, the manager or the other person is authorized to:

      give all necessary directions to the co-op’s lawyers and paralegals

      act as agent for the co-op on court actions and at the Landlord and Tenant Board

      make a settlement or other agreement, and

      refer any matter back to the board if necessary.

16.2 Membership Rights on Eviction

  • (a) When membership ends

Membership ends on the termination date in an eviction decision, or in case of a conditional eviction or performance agreement, at the end of the notice period for a notice under section 14.5 (Non-Performance by Member). This applies even though the former member can continue to occupy the unit until the co-op gets an eviction order. Since the occupant is no longer a member, the occupant cannot attend meetings of the co-op as a member, vote or run for the board of directors. If the occupant was on the board or was an officer, the position is automatically vacated on the day that membership ends.

  • (b) When membership restored

The Co-operative Corporations Act and the Residential Tenancies Act state when someone’s membership and occupancy rights are considered not to be terminated. This could be because the member paid arrears by a certain time or for other reasons. When this happens, the occupant’s membership is restored. The occupant can attend meetings of the co-op as a member, vote or run for the board of directors. If the occupant was a director when their membership ended, that person will not automatically be a director when their membership is restored. They would have to be re-elected to the board or appointed to fill a vacancy.

  • (c) Co-op actions while occupants were not members

Any votes or actions taken by the co-op during the time when the occupant was not a member will be valid and binding.

  • (d) When new Notice to Appear not needed

No new Notice to Appear or eviction decision is needed in the case of:

      repeat breaches within six months referred to in subsection 94.2(2) of the Residential Tenancies Act (Deemed termination of membership and occupancy rights)

      breaking the conditions in a mediated settlement agreement or order of the Landlord and Tenant Board as stated in subsection 94.11(2) of the Residential Tenancies Act (Deemed termination of membership and occupancy rights).

The board of directors can decide to go ahead with the eviction or the manager can be authorized to do so. The member will be given notice as required under the Residential Tenancies Act.

16.3 Interest

Members owe interest on all arrears and other amounts owing to the co-op at the rate of six percent above the prime rate of any credit union or bank designated by the board of directors. The co-op may include this interest when bringing legal action against a member or former member, but will not normally claim interest at other times.

16.4 Rights Not Cancelled

The only way the co-op can cancel or waive any rights is under an arrears payment agreement or other performance agreement or settlement agreement authorized under this By-law and signed by the co-op. The co-op does not waive any Notice to Appear, eviction decision or other rights by:

      accepting arrears or compensation

      sending reminder or other letters even if incorrectly addressed “Dear Member” or similar

      recalculating housing charge subsidy

      making any error on a member ledger or other document

      accepting a cheque or other item marked “Payment in Full” or anything similar

      doing anything else except as stated at the beginning of this section.

16.5 Co-op Costs

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


Article 17:   Miscellaneous

17.1 Personal Information to Membership

  • (a) When members raise things about themselves

The board will consider the potential privacy concerns that arise as a result of disclosing members’ personal information, and will not disclose personal information about a member unless the member has given actual or implied consent to disclosure of the information.

  • If a member raises something at a members’ meeting involving the member’s personal information, the board can respond by correcting the information or adding to incomplete information. For example, if a member discloses that they have arrears, and this number is incorrect based on the co op’s ledger, the board can disclose the actual amount of arrears owed by the member. However, in responding to an issue raised by a member, the board cannot disclose new information relating to an issue that was not raised by that member.
  • If a member distributes written information to the membership about a co-op issue involving their own personal information, the board can issue a written response that follows the same guidelines as when responding to information raised by a member at a members’ meeting.
    • (b) When members raise things about someone else

A member cannot raise something at a members’ meeting involving personal information about another person, unless the other person has given written approval. The member must show the written approval to the chair of the meeting. It may be examined by any member. If the written approval is given, the chair can allow members to discuss that personal information and the board and staff can disclose other relevant personal information about the person. If that person does not give approval, the appeal or discussion is out of order.

17.2 Legal Actions against Co-op

If anyone sues the co-op or takes other legal action against the co-op, such as a complaint to the Ontario Human Rights Tribunal, the board of directors must get legal advice about any disclosure or decision not to disclose the matter to the membership. This applies whether the lawsuit or legal action is started by a co-op member or anyone else.

17.3 External Complaints

If a member makes a complaint about the co-op to anyone outside the co-op, or sends anyone outside the co-op a copy of an internal complaint, the board of directors is entitled to respond to that complaint to the same persons or organizations. This includes complaints by e-mail, orally or on social media. In responding the board can disclose relevant personal information about the member and the member’s household. Examples include complaints sent to bodies like the Agency for Co-operative Housing, Canada Mortgage and Housing Corporation, a service manager, a government official, a newspaper, the Co-operative Housing Federation of Canada or a local co-op housing federation.

17.4 Co-op Employees

  • (a) Not members

A permanent employee of the co-op cannot be a member of the co-op or live in the household of a member.   An employee of a property management company employed by the co-op or a contractor employed by the co-op cannot be a member of the co-op or live in the household of a member while on a long-term contract with the co-op.

  • (b) Exceptions

Paragraph (a) does not apply to members and members of their households:

      who are temporarily employed by the co-op if the total employment for each member is not more than one hundred hours in a year.

      who are on-call committee members if the total hours that each committee member works on call in a week, on average, is not greater than one-third the available on-call hours in a week.

  • (c) Serving on board of directors

Members in the exceptions in 17.4(b) can be on the board of directors, but they have to watch out for conflicts of interest and follow the by-laws.

  • (d) Live-in staff

If the board of directors decides that the duties of an employee or the employee of a contractor make it necessary to live in the co-op, the employee and the employee’s household will be tenants of the co-op, not members. The board must make sure that there is a written agreement stating that the tenancy ends when the employment or contract ends or as soon after that as legally required. The board must pass a motion before the employment starts designating the employee’s unit as a non-member unit.

17.5 Non-Member Units

This By-law applies only to member units. The co-op does not have to follow the procedures in this By-law when dealing with non-member units or non-residential spaces, if any. Leases, agreements or government requirements govern the co-op’s relations with them.

17.6 Non-Members in a Member Unit   

Parts of this By-law apply to non-members living in a member unit. In dealing with non-members who are occupying a member unit, the board of directors may take any action permitted by law.

17.7 Proof

  • (a) When required

When investigating compliance with the co-op’s by-laws or government requirements, the co-op can ask a member to prove:

      that the member’s unit is the member’s principal residence

      that the member is not profiting from any arrangement with guests or sub-occupants

      the member’s household composition

      the member’s household income if the member receives housing charge subsidy

      other things to show compliance with government requirements, this By-law and other co-op by-laws, as applicable.

  • (b) Member response

If asked, members must give complete proof and details about the things stated in paragraph (a). This request can include originals or copies of any documents and sworn statements from everyone involved. Failure to provide proof under this section is a breach of this By-law. If a member fails to provide proof, the co-op can conclude that this is evidence that the member is not complying with government requirements, this By-law or other co-op by-laws, as applicable.

17.8 Serving Documents

  • (a) Ways to serve documents

Notices and other documents relating to an eviction are considered served on a member if given in any of the following ways:

      handing it to the member

      handing it to an apparently adult person in the unit

      leaving it in the mail box where mail is ordinarily delivered to the member

      if there is no mail box at the door, sliding it under the door of the member unit or through a mail slot in the door or leaving it at the place where mail is ordinarily delivered to the member

      mailing it to the last known address where the member lives or works.

  • (b) More than one member

A separate notice or other document relating to an eviction must be given to each member involved and to any member who has left the unit, but is still involved.

  • (c) When mailed

Notices and documents that are mailed to a member are considered delivered or served on the fifth day after the day of mailing.

  • (d) Electronic mail

Notices and documents under Article 3 (Members’ Contributions) and Article 4 (Setting Housing Charges) can be given by electronic mail to members who have signed a form consenting to notices by electronic mail. The form must state an e-mail address. Notices and documents sent by e-mail are considered delivered at the time of sending. Members can change their e-mail address by notice to the co-op. Members can also cancel their consent to receive e-mail notices. A separate consent form does not have to be signed if the members have signed a consent form under the Organizational By-law.

  • (e) Single notice

Only one notice or one copy of a document under Article 3 (Members’ Contributions) or Article 4 (Setting Housing Charges) needs to be given for each unit.

17.9 Signing Schedules for Co-op

The Schedules to this By-law (including any Appendixes) can be signed on behalf of the co-op by the manager or another staff member, any director or anyone authorized by the board of directors.

17.10        Minor Errors, Omissions or Irregularities

A minor error, omission or irregularity will not affect any decision made by the board of directors and/or members as stated in the Co-operative Corporations Act.

17.11        Starting Date for this By-law

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


Schedules

and

Attachments


Schedule A:   Occupancy Agreement

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:


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


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:

  1. 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.
  2. 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.
  3. 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.

  1. 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.

Ending subsidy:

  1. Housing charge subsidy ends when the household has not occupied a unit in the co-op for more than six weeks. This period of time will be changed to meet any applicable government requirements. This applies whether or not the absence is permitted under co-op by-laws.
  2. Housing charge subsidy can be ended if any member of the household does not give any information or proof that the co-op asks for. 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.
  1. 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.
  2. 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:


Schedule B:    Long-term Guest Agreement

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 long-term guest acknowledges that the co-op can cancel long-term guest status or change the terms of long-term guest status at any time (even if before the Latest End Date). The long-term guest agrees to leave the member’s unit if the member or the co-op requests it. The long-term guest will be entitled to written notice to leave the unit. 

6.      The long-term guest must immediately leave the unit when the member’s occupancy rights end.

7.      The long-term guest acknowledges that the unit is a member unit under the Co-operative Corporations Act and that the long-term guest is not a tenant under the Residential Tenancies Act.

8.      The member and the long-term guest acknowledge and understand that the long-term guest cannot pay anything to the member, such as key money, and the only payment permitted is a fair share of the housing charges as defined in the co-op by-laws. Any other payment is against the law.

9.      The member and the long-term guest agree to fully and truthfully disclose to the co-op all financial arrangements between them to show that they are complying with paragraph 8 of this agreement.

10.    The long-term guest agrees that the co-op, through its employees or agents, can receive credit information about the long-term guest from any credit agency or other source.

Signatures:

Date: _____________________  ____________________________________

Print name of member:

Date: _____________________  ____________________________________

Print name of member:

Date: _____________________  ____________________________________

Print name of member:

Date: _____________________  ____________________________________

Print name of long-term guest:

Windmill Line Co-operative Homes Inc.

Date: _____________________  By:   _______________________________

Print name:

Title:


Schedule C:    Sub-Occupancy Agreement

Windmill Line Co-operative Homes Inc.

All members and sub-occupants must sign.

Names of members:      ________________________________________________

                                    ________________________________________________

                                    ________________________________________________

Names of sub-occupants:     ____________________________________________

                                            ____________________________________________

Unit address:           ________________________________________________

                                    ________________________________________________

Start date:        ____________________________________________________

End date:                  ____________________________________________________

Contact information for members:        __________________________________

         _____________________________________________________________

Contact information for sub-occupants:  ______________________________

         _____________________________________________________________

Current monthly housing charges:       $__________________________________

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

Terms of agreement:    

1.      The co-op agrees that the sub-occupant can live in the member’s unit from the Start Date to the End Date stated in this agreement. The sub-occupant agrees to leave the member’s unit on or before the End Date. The sub-occupant must have written permission from the co-op and the member to stay longer.

2.      The member or the sub-occupant can end this agreement on sixty days’ written notice. The notice period must end on the last day of a month.

3.      The member is still responsible to the co-op for all the member’s obligations to the co-op.

4.      The sub-occupant agrees not to break any of the terms of the member’s Occupancy Agreement or any co-op by-laws.

5.      The sub-occupant agrees to pay all housing charges and to carry out all the obligations that the member has to the co-op. The current monthly housing charges are stated above and must be paid directly to the co-op. The monthly housing charges may change during the sub-occupancy.

6.      The member agrees that the member is still legally responsible for housing charges if the sub-occupant does not pay them.

7.      The member agrees that all legally required notices to the member may be delivered or served at or to the unit in compliance with co-op by-laws and the Co-operative Corporations Act or Residential Tenancies Act, as applicable.

  • (a) The sub-occupant agrees to contact the member immediately on receipt of any notice from the co-op.
  • (b) The co-op may contact the member as stated in the contact information in this agreement and may send the member a copy of a notice. The co-op does not have to do this. This includes important documents, such as a Notice to Appear. If the co-op does contact the member, the time of service of the notice or document will be when it was delivered or served at or to the unit or the sub-occupant.

8.      The sub-occupant acknowledges that the co-op allows only members and their households to occupy co-op units, except for a temporary sub-occupancy. The sub-occupant’s right to live in the member’s unit ends when the member’s occupancy rights end. This agreement does not give the sub-occupant a right to the unit or any other unit in the co-op or position on the co-op’s internal or external waiting lists.

9.      The co-op can end the sub-occupant’s rights to the unit when it wishes to do so. The sub-occupant will be entitled to ten days’ notice to leave the unit. The co-op can do this if the member ends co-op membership or the co-op is evicting the member or for other reasons that the co-op decides.

10.    The member and the sub-occupant must update the co-op in writing within five days of any change in the member’s or the sub-occupant’s contact information.

11.    The sub-occupant acknowledges that the unit is a member unit under the Co-operative Corporations Act and that the sub-occupant is not a tenant under the Residential Tenancies Act.

12.    The member and the sub-occupant acknowledge and understand that the sub-occupant cannot pay anything to the member, such as key money, and the only payment permitted is the housing charges. Any other payment is against the law.

13.    The member and the sub-occupant agree to fully and truthfully disclose to the co-op all financial arrangements between them to show that they are complying with paragraph 12 of this agreement.


14.    The sub-occupant agrees that the co-op, through its employees or agents, can receive credit information about the sub-occupant from any credit agency or other source.

Signatures:

Date: _____________________  ____________________________________

Print name of member:

Date: _____________________  ____________________________________

Print name of member:

Date: _____________________  ____________________________________

Print name of member:

Date: _____________________  ____________________________________

Print name of sub-occupant:

Date: _____________________  ____________________________________

Print name of sub-occupant:

Windmill Line Co-operative Homes Inc.

Date: _____________________  By:   _______________________________

Print name:

Title:


Schedule D:    Notice to Appear for Arrears or Persistent Late Payment

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.

Place of board meeting: __________________________________________

Time and date of board meeting: __________________________________

Time for 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:

Schedule E:    Notice to Appear (Other Than for Arrears)

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 Co-operative’s by-laws 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 your 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 if it applies, or else by obtaining a writ of possession from the court.

Place of board meeting: __________________________________________

Time and date of board meeting: __________________________________

Time for 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:


Schedule F:    Board of Directors’ Eviction Decision for Arrears or Persistent Late Payment

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: (Delete (a) or (b) if not applicable)

         (a)    the member owed housing charges to the co-op on the date of the meeting.

         (b)    the member has been persistently late in paying housing charges.

This is grounds for eviction under section 11.1 (Eviction) of the Occupancy By-law.

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 _______________________

Housing charges owing at time of board meeting:

                  $ ________________ as of ______________________

Termination date: ________________________________________

This document is a resolution of the board of directors duly 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:


Schedule G:   Board of Directors’ Eviction Decision (Other Than for Arrears)

[Legal co-op name]

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:


Schedule H:    Notice of Eviction Decision for Arrears or Persistent Late Payment

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:


Schedule I: Notice of Eviction Decision (Other Than for Arrears)

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:


Schedule J:    Performance Agreement Arrears or Persistent Late Payment

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:


Schedule K:    Performance Agreement (Other Than for Arrears)

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:


Attachment A:     Summary of Time Requirements and Examples

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

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.


Showing unit 

5.2(c)        24 hours notice is required. A time range can be given.

Example: Member has withdrawn from co-op effective June 30.

Potential new member to look at the unit at 7:00 p.m. June 16.

Notice must be given by 7:00 p.m. on June 15.

Year             

8.5    Casual guest can’t stay at the co-op more than 3 months in a year without approval as a long-term guest.

Example: Member wants guest to stay November and December and January and February in the following calendar year.

In the By-law “Year” means a consecutive twelve-month period, not a calendar year. (See Special Meanings, section 1.6(k)).

Therefore, guest cannot stay without board approval.

Change in household size

9.5    Notice must be given by member to co-op within 10 days.

Example: Child gets married on May 14 and leaves home permanently.

Last day for notice to co-op is May 24, 2014.

Withdrawing from co-op

10.2 (a) and (b)        At least 60 days’ written notice required ending on last day of month.

Example: Member wants to withdraw from co-op effective June 30.

Notice must be delivered to co-op office on or before May 1.

— 30 days in May (not counting May 1).

— 30 days in June (counting June 30).

— Total 60

Example: Member wants to withdraw from co-op effective August 31.

Notice must be delivered to co-op office on or before July 2.

— 29 days in July (not counting July 2).

— 31 days in August (counting August 31).

— Total 60


10.2 (c)     Special counting rules for February and March.

Example: Member wants to withdraw from co-op effective February 28 (or 29th in a leap year).

Notice must be delivered to co-op office on or before January 1.

Example: Member wants to withdraw from co-op effective March 31.

Notice must be delivered to co-op office on or before February 1.

Death of a member

10.4 (b)    Unit rights and responsibilities end at the end of the month after the month of death.

Example: Member dies on March 15.

Month after March is April.

Rights and responsibilities end on April 30.

Notice to Appear for arrears

11.2(c)      Notice to Appear to be given by manager on seventh day after the housing charge payment day.

Example: Co-op office is open Tuesdays and Thursdays and housing charge payment day is first day that the office is open in each month.

May 1 is a Friday.

Housing charges are due on Tuesday May 5.

Seventh day after housing charge payment day is May 12, 2015.

Delivery of Notice to Appear to member

11.7(a) or 12.2(a)     At least 10 days before board meeting.

Example: Board meeting is Monday, June 16.

Last day to give notice to member is June 6.

Proposed termination date in Notice to Appear

11.7(b) or 12.2(d)     10 days after board meeting or later.

Example: Board meeting is Monday, June 16.

Day to put in notice is Thursday, June 26.


Delivery of notice of board eviction decision to member.

13.1(e)      Within 10 days after board meeting.

Example: Board meeting is Monday, June 16.

Last day to deliver to member is Thursday, June 26.

Member breaks performance agreement or condition in eviction decision.

14.5(a) and (b)         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.

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