Move-Out By-Law #41

WOODSWORTH HOUSING CO-OPERATIVE

MOVE-OUT BY-LAW (No. 41)

Passed on October 5, 1995

BE IT ENACTED as By-law #41 of Woodsworth Housing Co-operative Inc. AS FOLLOWS:

PREAMBLE

The purpose of this policy is to clarify the Co-op's expectations about move-out condition of units. It is recognized that the buildings are getting older, and members will not be penalized for normal wear and tear. Conversely, the Co-op will make every effort to ensure that units are in reasonably acceptable condition when members move in, but will not guarantee an "as new" condition.

1. INSPECTIONS

1.1 Upon a member giving notice as specified by the By-laws of move-out, the member will be given notice of inspection, to be done within 15 days. This notice will specify that staff must be able to inspect flooring under carpets and walls behind large pieces of furniture.

1.2 On completion of the inspection, the Co-op will provide the member with a list of repairs required (if any) to bring the unit up to a condition which, in the Co-op's opinion, is reasonable.

1.3 A follow-up inspection will be carried out by the Co-op just prior to move-out.

1.4 No refund of Maintenance Deposit will occur until after final inspection by staff and acceptance by new occupant. If there is any dispute related to condition of the unit on move-out, this must be settled, and all repairs completed (and costed) before any portion of the Maintenance Deposit will be returned.

1.5 Any agreements between in-coming and out-going members must be documented in writing and a copy filed with the Co-op office.

2. FLOOR AND WALL-COVERING

2.1 See the Co-op's Floor-Covering Policy and Wall-Covering Policy.

2.2 Generally, the Co-op tries to refinish parquet floors at move-out time. However, if the floors have recently been refinished and are damaged beyond normal wear and tear, the out-going member may be charged a portion of the cost to refinish.

2.3 Co-op carpet that is seriously soiled will be cleaned and the expense billed to the out-going member. If carpet must be replaced due to soil or damage, the amount billed to the out-going member will be calculated as per section 4.1.

However, if the Co-op staff believes damage is normal wear and tear, or a stain is in an unobtrusive spot, the Co-op may decide not to replace the carpet.

2.4 It is the responsibility of the out-going member to carefully remove any carpet s/he has installed, unless the in-coming member agrees to assume that responsibility.

2.5 Sometimes the Co-op has installed new carpet or tile in all units but a member has declined to have the flooring installed, either because s/he prefers the old or because s/he has installed his/her own (with permission). In that case, it will be documented in the unit file, and an in-coming member may request that the new flooring be installed.

3. RENOVATIONS

3.1 Temporary – temporary renovations are those which the Co-op would normally expect to be returned to original condition such as removal of fixtures or cupboard doors. However, if the in-coming member agrees to accept the renovation, this must be documented and a copy of the agreement filed with the office. Acceptance of temporary renovations means that the in-coming member becomes responsible for returning the renovation to original condition upon move-out.

3.2 Permanent – permanent renovations must be approved by the Co-op before being done. They must also be completed before move-out or the Co-op will complete the renovation and bill the out-going member. Please see the Renovation Policy for details.

3.3 A renovation which has not been approved by the Co-op will be dealt with on a case-by-case basis. If it would have been approved if the member had requested permission, and it is well done, it may be left. If it is not well done or the in-coming member does not want that particular renovation, staff, or on appeal, the Maintenance Committee, may decide to have the unit returned to previous condition and bill the out-going member for the work. This decision must be made as expeditiously as possible, in order not to hold up the return of the Maintenance Deposit cheque unnecessarily.

3.4 Members who have received permission to renovate but have not completed the work may be charged for completion of the renovation, depending on how livable staff feels the room is. These will be decided on a case by case basis.

3.5 Any of the insulated air conditioning panels which have been removed to install an air conditioner must be replaced.

4. PARTIAL PAYMENT FOR DAMAGES

Often a small area of damage becomes very expensive to fix, due to the fact that a much larger area must be replaced – e.g. a small burn on a counter means that the whole counter must be replaced because of matching. However, these things are not new, therefore the Co-op recognizes normal wear and tear. The following formulae will generally be applied:

4.1 Carpet – % of remaining life (based on 15 years) x % of area damaged x cost of replacement. (Minimum of 2 sq. ft. or 3.7 sq. m.)

4.2 Counter – 1/2 cost of replacing section of counter actually damaged.

4.3 Parquet (if less than 5 years since last refinishing) – based on the proportion of floor damaged.

5. OTHER CHARGES

5.1 If staff feels that a unit needs to be cleaned prior to a new member moving in, this will be done and the expense billed to the out-going member. (may be staff time or a cleaning service).

5.2 If painting/wallpaper have not been done according to policy staff will assist the in-coming member in dealing with the problem in whatever way seems appropriate. The labour will probably have to be done by the in-coming member, but any expenses, such as extra paint, may be charged to the out-going member.

6. RESPONSIBILITIES OF THE CO-OP (to be charged to outgoing member)

6.1 Major repairs to walls, floors, ceilings

6.2 Major cleaning

6.3 Painting if previously not done according to policy, and if not easily done by member. (e.g., if wall painted navy blue and it will take several coats to cover, then staff will apply 1 – 2 base coats of white)

6.4 Replacement of fixtures (screens, doorknobs, light fixtures, etc.)

7. EXPECTATIONS OF IN-COMING MEMBERS

7.1 When an in-coming (or relocating) member accepts a unit, s/he is also contracting with the Co-op to a definite non-negotiable moving date that is set at the time of unit acceptance.

7.2 The Co-operative will make every effort to remedy major deficiencies in the unit before move-in date. However, any delays (other than refinishing floors) will not change the moving dates. Therefore, when a member accepts a unit they accept the possibility of living in it "as is". The Co-op cannot restore a unit to its original condition, or guarantee a relocating member that their new unit will be in as good condition as the one which they are vacating.

7.3 Relocating or new in-coming members will have the opportunity to fully inspect the unit they are being offered and will be informed by staff of any known deficiencies prior to acceptance of the unit and payment of any fees.

7.4 If there are major deficiencies (such as floor refinishing, fumigation, structural repairs) staff will schedule sufficient time to do work on the unit. During this time the in-coming member will not have access for painting, storage, etc.

7.5 Should the in-coming member wish additional vacancy time for redecorating, etc., s/he will be responsible for the additional vacancy loss.

7.6 Repainting and removal of wallpaper – provided it was previously done according to policy – are the responsibility of the in-coming member. This includes filling small nail holes in wall.

7.7 The Co-op will not replace baseboards.

7.8 Decisions about whether floors will be refinished will be made by staff based on their assessment of the condition of the floor and taking the budget into account.

7.9 The co-op will change the lock cylinder on the entrance door to the co-op unit as soon as possible after move out.

7.10 Any decision by staff under this policy is subject to appeal to the Board of Directors. Any such appeal will be dealt with as expeditiously as possible.

Consolidated up to April 2010 and adopted by the members on September 30, 2010.