WOODSWORTH HOUSING CO-OPERATIVE, INC.
OCCUPANCY BY LAW (No. 2)
PASSED by the Board and sealed with the corporate seal of the Co-operative
this 5th day of September, 1979. CONFIRMED by two thirds of the votes cast at a general meeting of members, this 5th day of September, 1979. Consolidated up to April 2010 and adopted by the members on September 30, 2010.
(*By-law history appears as a table at the end of this document.)
A By-law relating to the rights and obligations of the Co-operative and its resident members.
WHEREAS the Co-op has been formed for the purpose of providing accommodation to its resident members and it is desired to set out the terms on which such accommodation will be provided and the rights and obligations of the Co-op and the resident members;
AND WHEREAS by virtue of Ontario Regulation 1008/76 Non-Profit Co-operative Housing Corporations are exempt from the provisions of Part IV of The Landlord and Tenant Act;
AND WHEREAS the requirements of a Non Profit Co-operative Housing Corporation must be set out in the Charter or By laws of the Co-op, and it is desired to set some of them out in this By-law.
THEREFORE BE IT ENACTED as By-law No. 2 of Woodsworth Housing Co-operative Incorporated (herein called the "Co-op") as follows:
ARTICLE 1 – CO-OP'S RELATIONS WITH MEMBERS
The Board of Directors may accept persons having the qualifications set forth in the Membership Policy attached hereto as Schedule "B" [now The Membership By-law (No. 20)] for membership in the Co-op. The membership of such persons shall commence when they have been accepted by the Board, have complied with paragraph 2, and have taken possession of their allocated units.
2. Admission of Members to Occupancy
Where a person has been accepted for membership and allocated a unit of housing in the Co-op, prior to taking occupancy such person shall sign the Occupancy Agreement and make all payments required by the By-laws.
3. Terms of Occupancy
The terms of occupancy of Units of housing in the Co-op by members shall be those set out in the charter, by-laws, rules, policies and Occupancy Agreement of the Co-op. The Occupancy Agreement attached to this By-law is hereby adopted as the Occupancy Agreement of the Co-op and is incorporated herein. The Co-op, its officers and members shall observe all the terms of the charter, by-laws, policies, rules and regulations and Occupancy Agreement and be bound thereby (whether or not any particular member has signed an Occupancy Agreement).
This by-law shall have priority over any other by-law of the Co-op and any by-laws, resolutions, or policies previously passed are hereby repealed or amended to give effect to the provisions of this By-law. Wherever there is a conflict between this By-law and any other by-law, resolution, policy, agreement or oral statement of the Co-op, this by-law shall govern. No one has any authority to commit the Co-op to any term of occupancy or agreement respecting occupancy, except in accordance with this by-law. Notwithstanding the above, the provisions of the Co-operative Corporations Act, where applicable, shall have priority over the charter, by-laws, policies and rules of the Co-op.
5. Non-member Occupants
This by-law shall apply to all occupants of the Co-op who are members (herein called "resident members"). If the Co-op has any commercial tenants, or residential tenants who are not members, the relationship between the Co-op and such persons shall be on the basis of leases or contractual agreements entered into between them and the Co-op, with the approval of the Board. In granting such leases, dealing with such persons, or terminating their relationship with the Co-op, the Board shall act in accordance with the applicable sections of The Landlord and Tenant Act and shall not be obligated to follow the procedures set out in this By-law with respect to resident members.
ARTICLE 2 – MEMBERS' RIGHTS
6. Exclusive Possession
A resident member of the Co-op shall be entitled to exclusive possession of his or her Unit together with any persons who are sharing such Unit, to the use in common with other members of the common facilities applicable to their units, and to the use of any parking space or garage allocated to him or her. The Co-op shall permit him or her quiet enjoyment thereof in accordance with the charter, by-laws, policies and rules of the Co-op.
ARTICLE 3 – MEMBERS' CONTRIBUTIONS
7. Participation and Payments
Each member shall make the following contributions to the Co-op where applicable:
Monthly housing charge;
Last month's housing charge deposit;
Additional charges which may be payable according to paragraph 15 or paragraph 16.
(a) Each member is obligated to participate in the activities of the Co-op by attending each annual meeting of members, and all other general meetings, unless prevented by illness or emergency, or other reason acceptable to the Board.
(b) Each member shall participate in the operations of the Co-op, unless excused by the Board of Directors, in accordance with the Participation Policy attached as Schedule "E" [now The Participation By-law (No. 23)]
9. Monthly Housing Charge
(a) The monthly housing charge shall be set by the members in accordance with Article 4 of this by-law. It shall be paid monthly, in advance, by the first day of each month in the manner and at the place set out in sub-paragraph 9 (d) below. The monthly housing charge shall include, but not be limited to, the following:
Mortgage payments, municipal taxes, common area electricity, cable television, water and sewage service, insurance on the buildings and Co-op assets only, Co-op administration, repairs and maintenance, reserves, contingencies, and other items duly approved by the members in accordance with Article 4.
(b) The monthly housing charge shall not include the following, which the member shall be responsible for paying:
Telephone, insurance on the member's own property, personal liability insurance for the member, and electricity and gas in his or her unit.
(c) The Co-op shall establish a "fully serviced" housing charge for each unit, to be applied if the Unit is occupied by a member receiving a housing charge supplement. This "fully serviced" housing charge shall include, in addition to the items listed in sub-paragraph (a) and notwithstanding sub-paragraph (b), the following:
Electricity and gas in the Unit.
(d) The member shall pay his or her monthly housing charge as follows:
i) by post-dated cheque received at the Co-op office before 8:00 a.m. on the 26th day of the preceding month or post-dated cheques shall be submitted at one time for the full fiscal year, or, where submission of cheques takes place after August 31 in any year, for the balance of this fiscal year; or
ii) by money order or certified cheque received at the Co-op office before 8:00 a.m. on the first day of the month, provided the Co-op is aware in advance of the 25th that payment will be made in this form;
iii) payment may not be made in cash.
10. Monthly Parking Charge
If a parking space or garage is allocated to a member, the member shall pay the applicable charge in the same manner and at the same time as the monthly housing charge.
11. Last Month's Housing Charge Deposit
Each member shall pay to the Co-op, prior to moving into his or her unit, an amount equal to his or her last month's housing charge. The last month's charges may be applied to the last month of residence of the member, providing the member has given the Co-op due notice in accordance with this by-law and does not owe any money to the Co-op. Otherwise, the last month's charges may be set off by the Co-op against any sums due to it from the member. This paragraph does not apply to members who are receiving a housing charge supplement.
12. Maintenance Guarantee
Each member shall pay to the Co-op any sum of money applicable to his or her unit as a maintenance guarantee. The amount of the maintenance guarantee shall be set by a vote of the members. When the Co-op regains possession of a member's unit, the maintenance guarantee shall be returned to the member, less any sums of money which may be due and owing by the member to the Co-op, either because the unit has not been left clean and in good repair in accordance with this by-law, or because of any other default of the member.
13. Adjustment of Last Month's Charges and Maintenance Guarantee
If there is any change in the monthly housing charges or maintenance guarantee, each member shall by the beginning of the first month after such changes are effective, pay any additional amount required to bring the last month's charges and maintenance guarantee up to the current amounts. If there has been a reduction in charges, the Co-op shall credit each member with the difference or pay the difference to each member. The last month's charges and maintenance guarantee shall not bear interest.
14. Housing Charge Supplement
(a) Where a member is in receipt of, or has applied for, a housing charge supplement, the monthly housing charge payable by him or her shall be reduced from the amount determined by the Co-op for his or her unit by the amount of the supplement. If by reason of any default of the member, all or any part of the housing charge supplement is not received by the Co-op for any month for which the member is responsible, or if the member is not granted a supplement, then the member shall pay to the Co-op the full amount of the housing charge for that Unit less any portion of the supplement received.
(b) Subject to sub-paragraph (a) the amount of housing charge payable by members receiving a supplement as set out in the Occupancy Agreement signed by the member will be in accordance with the Rent-to-Income-Scale of the Minister of Housing, and the amount is subject to change on any monthly payment date to reflect a change in the member's gross income or family composition on written notice to that effect to the Co-op and the member by the Minister.
15. Separate School Support
If in any year the municipal taxes are different than they would otherwise be as a result of a member being assessed as a Separate School supporter, there shall be a corresponding change in the charges for that year with respect to the member's Unit.
16. Additional Charges
(a) If, as a result of the activities of any member, whether or not there is a breach of this By law, the Co-op becomes liable for any additional taxes, charges or expenses, the member shall pay such taxes, charges or expenses to the Co-op on demand. Such charges shall include returned cheque charges, collection charges and legal fees, as between a solicitor and his own client. If such tax, charge or expense is a regular, recurring payment, the member's monthly housing charge shall be adjusted accordingly.
(b) Any housing charges or other amounts owing to the Co-op and in arrears shall incur late charges according to the Arrears Policy attached hereto as Schedule "D" [now Arrears By-law (No. 32)], if not paid when due.
(c) A member shall pay all fines if provision is made for fines elsewhere in these by-laws or the schedules to the by-laws.
17. Charges as Rent
All charges (including those referred to in paragraph 16) which may become due and payable as set out in this By law shall be deemed to be rent or additional rent and the remedies available to the Co-op for dealing with a failure to pay rent or housing charges shall apply to a failure to pay any of them. Failure to pay any charges shall be considered a failure to pay rent under the provisions of The Landlord and Tenant Act.
(a) The monthly charges, last month's charges, and maintenance guarantee referred to in this Article shall be required on a "per unit" basis. If more than one person occupies a unit, whether or not they are members of the same family or household, they shall each be liable for all charges jointly and severally. If any person ceases to occupy the Unit, the remaining occupants shall be liable for the charges applicable to that unit.
(b) Any arrangement for sharing expenses will be the responsibility of the members or occupants and will not bind the Co-op. If there is any arrangement for sharing expenses, one of the members occupying the Unit shall collect the contributions of each occupant and make one single monthly payment to the Co-op.
ARTICLE 4 – DETERMINATION OF HOUSING CHARGES
19. Determined by Members
Monthly housing charges and parking charges shall be considered and established annually by majority vote of the members at a general membership meeting called for that purpose. Existing charges shall continue until a change is approved by a vote of the members in accordance with this Article.
Prior to the budget meeting, the Board shall prepare a budget for the next budgetary year, showing the estimated total expenses of the Co-op, (including reserves and contingencies), and showing all external income, and showing the charges proposed for each type of unit and parking space.
21. Notice of Proposed Budget
In addition to any other notice of the budget meeting required by the by-laws, at least 24 hours prior to the meeting there shall be delivered to each unit a copy of the proposed budget, including the proposed charges for each type of unit, together with any alternatives which may be under consideration.
22. Commencement of Changed Housing Charges
Unless otherwise determined by the members by a two-thirds majority of the votes cast at the budget meeting, no change in charges shall take effect until at least thirty days after such change is approved by the members. Notice of the change applicable to that unit shall be delivered to each unit as soon as possible after the meeting.
23. Change in Budget
If, during a budgetary year, the Board feels that a change in housing charges is desirable, it may call a special meeting of the members for the purpose of considering such change. It shall prepare a budget or a statement showing the necessity for the change and give notice in the manner set out in paragraph 21. Any change must be approved by a majority vote of the members at a general meeting and shall take effect only in the manner set out in paragraph 22.
ARTICLE 5 – USE AND BEHAVIOUR
24. Private Residences
Units shall be used as private residences for members and their households, and for other persons in accordance with this by-law.
The Co-operative is a community which includes all the residents and employees. It is also part of the larger neighbourhood community. Members must not make or allow any noise, nuisance or any other act that unreasonably disturbs or interferes with any other member of these communities.
(b) Illegal Acts
Within their unit, or on Co-operative property, members must not commit any illegal act or break any agreement with any government authority. This includes breaking any municipal, provincial or federal law, or any by-law or regulation of any other authority, such as the fire department.
(c) Acts of Others
Members are responsible for any act or failure to act of their household, guests or sub-occupants. This includes any person they, or their household, guests or sub-occupants, invite or allow onto Co-operative property. Members may be evicted as a result of any such act or failure to act. Members will have to pay for any damages.
25. Unacceptable Behaviour
The Co-op does not accept or condone domestic violence in any form. All members must abide by the Co-op’s domestic violence policy. Domestic violence means actual or threatened violence, whether physical, psychological or sexual, directed by one member or resident child of a Co-operative household against another member or resident child.
A victim of domestic violence (in any form) can:
i) petition the Board to have the offending responsible member’s membership terminated;
ii) apply for an emergency subsidy available for members in need (as per the provisions of the Internal Housing Charge Supplement By-law, now the Subsidy By-law);
iii) obtain information for any and all support groups available in the community;
iv) apply to the Board for reinstatement of their spouse’s or cohabiting member’s membership if the member is ready to accept the offending member back and after a six month period has elapsed;
v) be assured that all information given to the Board and /or its representatives will be held in the strictest confidence (as per the provisions of the “Confidentiality Policy” and with the understanding that the Co-operative may not be in a position to enforce termination of occupancy in the absence of the provision of such information).
The Rules of the Co-op shall be the Rules set out in Schedule "A" attached hereto [now The Rules By-law (No. 19)] and may be amended only by the same procedure by which this By law may be amended. They shall be observed by all members and the Co-op.
(a) Members shall be entitled to privacy within their units. Neither the Co-op nor anyone on its behalf shall enter any member's unit without the member's permission except in the case of emergency and except as set out in subparagraphs (b) and (c).
(b) Persons designated by the Board shall be permitted to enter each unit on 24 hours' notice for a regular annual maintenance inspection, and for any special inspections for maintenance and repair purposes that may be authorized by the Board, or as may be required in connection with any insurance policy or appraisal of the Co-op's property, or for such other reasons as the Board may determine.
(c) The Co-op may, on 24 hours' notice, enter a unit at any reasonable time to show the unit to prospective occupants if the member has given notice of termination of occupancy under paragraph 49, or if a resolution has been passed by the Board terminating occupancy under paragraph 51 and whether or not an appeal has been launched.
28. Maintenance and Repair
(a) The maintenance and repair of units shall be governed by the Maintenance Policy attached to this By-law as Schedule "C" [now The Maintenance By-law (No. 21)]. Any matter not covered by the Maintenance Policy shall be governed by the following sub-paragraphs:
(b) Each member shall maintain his or her unit in an ordinary state of cleanliness at all times, and shall comply with all requirements and standards of health authorities and other authorities respecting standards of cleanliness and maintenance. Each member shall be responsible for any repair of damage caused by his or her wilful or negligent conduct or that of persons permitted on the property of the Co-op by the member or others occupying the unit.
(c) Each member shall observe the maintenance responsibilities with respect to his or her unit and the common elements of the project as set out in the Maintenance Policy attached to this By-law as Schedule "C".
(d) No member shall make any alterations or improvements to his or her unit or alter or in any way change the locking system, without the permission in writing of the Maintenance Committee or Board. At the end of a member's occupancy of a unit, s/he must remove his or her fixtures, other than fixtures which were supplied by the Co-op or replacements thereof, unless the Co-op grants him or her permission in writing that the fixtures may be left. S/he is responsible for costs caused by the removal.
(e) Each member shall report to the Co-op promptly any condition in the unit or its equipment or in the building containing the unit, which comes to the knowledge of the member, and which may cause deterioration of the unit or building if not corrected.
(f) The Co-op may perform any of the maintenance or other obligations set out in this paragraph if the member responsible does not perform them within a reasonable time in the circumstances. The member shall reimburse the Co-op for the costs of such performance in accordance with paragraph 16.
(g) The Co-op shall maintain the common areas of the Co-op (subject, however, to such responsibilities respecting the common areas which members may have in accordance with the Maintenance Policy).
(h) The Co-op shall repair damage to the Units, except reasonable wear and tear and except damage that is the responsibility of members, subject to paragraph 35 in case of substantial damage.
(i) The Co-op shall provide a stove and refrigerator in working order in each Unit.
(j) At the end of a member's occupancy of a unit, s/he shall leave the unit in a clean and tidy condition.
ARTICLE 6 – ALLOTMENT OF UNITS
29. Internal Waiting List
The Co-op shall maintain a waiting list of members occupying units of the Co-op who have indicated a desire to change their units. As suitable units become available, priority shall normally be given to persons on the internal waiting list in accordance with the Membership Policy [now Membership By-law (No. 20)], but the Membership Committee may either depart from the order on the Internal Waiting List or the External Waiting List or give a particular person on the External Waiting List Priority over a member on the Internal Waiting List, if it feels there is good reason to do so (subject to appeal in the case of a member to the Board.)
30. Membership Policy
In allotting units to new members and changing units within the Co-op, the Membership Committee shall act in accordance with the Membership Policy attached hereto as Schedule "B". [now Membership By-law (No. 20)]
31. Change in Household Size
(a) If, during the first 36 months of occupancy of a unit, a member ceases to have the household size appropriate for his or her unit, as set out in the Membership Policy, the Co-op may terminate his or her right to occupy the unit by resolution of the Board. After 36 months of occupancy in a particular unit with the correct household size, a Member In Good Standing's occupancy rights in that unit cannot be terminated because of a change in household size.
(b) Notice in writing of any meeting to consider such a resolution shall be given to the member by being left at his or her unit at least seven (7) days prior to the meeting. The member shall be entitled to attend the meeting and be represented by agent or counsel and make representations.
(c) If the member was present at the meeting of the Board, s/he may appeal the decision terminating occupancy in the manner provided in paragraph 52. The procedure set out in paragraph 52 will be followed in respect of the appeal except that the day of termination shall be in accordance with this paragraph.
(d) Except as set out in sub-paragraph (e) no termination under this paragraph shall take effect until the member is offered at least one unit of housing within the Co-op which is appropriate for his or her household size. If s/he refuses the first such Unit offered, then the member's right to occupy his or her existing unit shall terminate three months after such refusal. During such three-month period, s/he shall be offered any suitable Units that become available.
(e) If the Co-op does not own or rent a unit of housing appropriate for his or her household size, the termination shall take effect three months after the passing of the resolution of the Board.
32. Proof of Income
(a) Each member shall provide the Co-op with a statement of her or his income and household size annually, or more frequently as may be required to comply with agreements with Central Mortgage and Housing Corporation or with the Province of Ontario or Ministries or Agencies thereof. Such statement shall include a statement of household size, occupancy of the Unit and such other matters as the Co-op may reasonably require and be supported by such proof of income or other documentation as the Co-op may reasonably require. During the year each member shall promptly report to the Co-op any change in the information given.
(b) If the Co-op is investigating a member's income, household size or other qualifications, the member shall Co-operate fully and give complete information in the form required to the Co-op for the purpose of its investigation.
(c) All information received by the Membership Committee, the Board, members of the Co-op or staff under this section shall be confidential and shall not be revealed to anyone except as required for the purpose of this by-law and agreements referred to in this paragraph. Each member is entitled to review the contents of his or her file maintained by the Co-op during normal business hours.
33. Sale of Part of the Co-op
(a) No part of the real property of the Co-op may be sold without a resolution of the Board. Notice in writing of any meeting to consider such a resolution shall be given to the members occupying any unit on the property proposed to be sold by being left at their unit at least seven days prior to the meeting. Such members shall be entitled to attend at the meeting and be represented by agent or counsel and make representations.
(b) If the Board resolves to sell part of the real property of the Co-op, such resolution shall not become effective until it is approved by a two-thirds majority of the votes cast at a meeting of members duly called for that purpose.
(c) If the proposed sale of part of the real property of the Co-op is to be with vacant possession, then the Board may resolve to terminate the occupancy rights of the members occupying the units on the property when it passes its resolution to sell the real property. If the resolution to terminate the occupancy rights is confirmed by a meeting of members, the termination shall take effect on the day set out in the resolution at least three months after the meeting of the Board referred to in sub-paragraph (a). During the three month or greater period, all members occupying units on the property to be sold shall be given priority on the internal waiting list for allotment of new units. If no new Unit has been allotted to them by the end of the three-month or greater period, their right to occupy shall be terminated, effective at the end of such period, but they shall continue to receive priority on the internal waiting list until they have been offered a suitable unit. Thereafter they shall be deleted from the list.
(d) If the proposed sale is not with vacant possession, then the members occupying the Units on the property shall have a right to remain in possession of their units, but may elect by notice in writing to the Co-op that they wish to remain resident members of the Co-op, in which case they shall be given priority on the internal waiting list. They shall continue to receive such priority until they have been offered a suitable unit, whether that is before or after the sale of the real property. Thereafter they shall be deleted from the list.
(a) If the whole or any part of any unit is expropriated, members' rights to occupy such unit as against the Co-op shall terminate on the day when the expropriating authority obtains possession. Charges shall be paid to that date but no further charges shall be due thereafter.
(b) To implement the non profit policy of the Co-op, compensation received by a member on expropriation except for compensation for disturbance and/or relocation expenses shall be the property of the Co-op and any rights in such compensation held by members are hereby assigned to the Co-op. The Co-op shall be subrogated to the members' rights to prosecute any claim for compensation and if a member receives any of the compensation assigned to the Co-op under this paragraph, it shall immediately be paid to the Co-op.
(c) During the period commencing when the Co-op reasonably expects the unit to be expropriated, each member occupying a unit expropriated shall have priority on the internal waiting list for any unit for which s/he qualifies until a suitable unit is offered to him or her. Thereafter, s/he shall be deleted from the list.
35. Damage by Fire
(a) If any unit in the Co-op is damaged by fire or other casualty and such damage is minor, the unit shall be repaired by the Co-op as quickly as possible and there will be no reduction in housing charges.
(b) If the damage is serious so that, in the opinion of the Board, it is not desirable to repair the unit, or the building in which it is situated then the member's right to occupy the unit shall be terminated and charges shall cease effective the day of the fire or casualty.
(c) If the damage is such that the unit is no longer habitable, but the Co-op intends to repair the unit, then the member's right to occupy the unit shall be terminated and charges shall cease effective the day of the fire or casualty, and in addition to the priority on the waiting list referred to in subparagraph (e), such member shall have a further right to reoccupy the damaged unit when it is repaired unless in the meantime he or she has elected to accept another unit.
(d) For a period of up to three months after the fire or casualty, the member's household shall be able to occupy any vacant unit of housing of the Co-op on an emergency basis paying the lesser of the charges applicable to such unit or the damaged unit.
(e) If any member loses her or his right to occupancy under this paragraph s/he shall have priority on the internal waiting list until a suitable unit is offered to her or him. Thereafter s/he shall be deleted from the list.
ARTICLE 7 – OCCUPANCY BY MEMBERS
7.01 Policy regarding Occupancy by Members
(a) For the purposes of the Co-op's by-laws, unless otherwise specifically provided, a member's household (the "Household") means:
– the member;
– any other members residing in the unit;
– persons under sixteen residing in the unit, whether or not members;
– any persons resident in the unit who have turned sixteen and remain in the unit under 7.03 (Persons Turning Sixteen);
– any Long-Term Guests of the member, as defined in 7.05.
The Household will not include any other persons, and other persons may reside in the unit only as guests under 7.04 (Casual Guests) or sub-occupants under 7.08 (Sub-Occupancy) and only where permitted under those paragraphs.
(b) The provisions of this by-law will apply to the Household, guests and sub-occupants. The relationship between the Co-op and any other occupants will be governed by the particular documents and legal relationships entered into with those occupants. When dealing with such parties, the Co-op will act in accordance with applicable legislation and its contractual agreements with them and will not be obliged to follow the procedures set out in this by-law or grant to them the rights available to members.
(c) Non-member occupants will have no greater right of occupancy of the unit than the members occupying the unit. Such occupants will not be entitled to occupy any other unit or to a position on the Co-op's internal waiting list. If any such persons continue to reside in the Co-op when no longer permitted to do so by the terms of this article, the members occupying the unit will be considered to be in breach of this By-law. Any act, omission or default by a non-member occupant may be grounds for termination of the member's occupancy rights under Article 10 (Termination of Occupancy by Co-op).
7.02 Additions To Household
(a) If a member occupying a unit wishes to add any person sixteen years of age or over to the Household, that person must apply for membership in the Co-op or for approval by the Board as a Long-Term Guest under 7.05 (Long-Term Guests). Until the Board has made a decision on such an application, it will be permissible for the applicant to occupy the unit as a casual guest on the terms set out in 7.04 (Casual Guests).
(b) In the event that such a person has applied for membership and the application is refused, then that person may no longer occupy the unit, except as a casual guest or a Long-Term Guest as permitted under 7.04 or 7.05. The Board may, at the time of refusing membership, grant Long-Term Guest status under 7.05, if it deems fit.
7.03 Persons Turning Sixteen
(a) Persons under sixteen years of age may occupy a unit as part of a member's Household. After turning sixteen, such persons must apply for membership in the Co-op or for status as Long-Term Guest. Turning Sixteen’s are defined as residents who become sixteen years of age while living in a Co-op unit.
(b) If Turning Sixteen’s are not accepted for membership, or do not apply for membership, they may continue to reside with the members as Long-Term Guests. The Board may terminate Turning Sixteen’s right to remain resident in the Co-op if the Board determines that continued residence would be inappropriate. The members occupying the unit will be entitled to ten days' prior notice of any meeting at which it is proposed to pass a resolution terminating the right of occupancy of a household member under this paragraph. Any termination of occupancy under this paragraph will take effect no earlier than sixty days after delivery of a notice by the Board of the passage of its resolution, or such longer period of time as the Board may determine. If any such person resides in the Co-op at any time after the date specified in a notice of termination under this paragraph, the members occupying the unit will be considered to be in default.
7.04 Casual Guests
(a) This paragraph concerning Casual Guests and paragraph 7.05 concerning Long-Term Guests set out the terms on which members are permitted to have guests staying with them in their units.
(b) The following provisions will apply to casual guests:
i) No person may be a guest for any single visit of more than three consecutive months without the permission of the Board.
ii) No person may be a guest for any number of visits during any twelve-month period where the total length of the visits is more than three months, (including the two months referred to in clause i. without the permission of the Board).
iii) No member may have an unreasonable number of guests at any one time.
iv) The Board will not normally grant permission for the extension of any single visit beyond a total of three months.
v) In granting its permission for any visit where its permission is required, the Board will set a specific maximum duration for the visit. In such cases, the Board will determine whether the income of the casual guest will be considered part of the household income for the purposes of any housing charge supplement or assistance.
7.05 Long-Term Guests
(a) A member may have a guest in his or her unit for an indefinite period if authorized in accordance with this paragraph. For the purpose of this by-law, such persons will be called "Long-Term Guests".
(b) The Board may grant Long-Term Guest status on such terms as it may determine to family members not covered under 7.03 (Persons Turning Sixteen), live-in employees, additions to the household refused membership under 7.02 (Additions to Household), and to other persons. Examples would include children over sixteen, elderly parents, family members with mental or physical handicaps, nurses and live-in babysitters. The Board will take into account the Maximum Occupancy Standards when deciding whether to grant Long-Term Guest status.
(c) The member and the Long-Term Guest will be required to sign a Long-Term Guest Agreement (in the form attached to this by-law as Schedule "F"), or a similar form approved by the Board.]
(d) The Board may vary or cancel Long-Term Guest status at any time. The members occupying a unit will be entitled to notice of any meeting at which it is proposed to cancel, or amend the terms of, the Long-Term Guest status of any guest within their unit. Cancellation of a Long-Term Guest's right to occupy a unit, or any substantial change in the conditions of occupancy that may amount to cancellation, will not take effect until sixty days after delivery of written notice of the Board's decision to the unit.
(e) The income of Long-Term Guests will normally be considered part of the household income for the purpose of the Housing Charge Assistance By-law, unless the Board otherwise determines.
7.06 Principal Residence
(a) A unit allocated to a member must be used as his or her principal residence. In addition, a member who does not personally occupy and reside in his or her unit for any period greater than one year, even if it remains his or her principal residence, must surrender occupancy rights in the Co-op and withdraw from membership on or before the end of such one-year period unless a longer absence is authorized by the Board under paragraph 7.08 (Sub-Occupancy), or otherwise. Visits of a day or so, even if regular or periodic, will not be considered occupancy or residence for the purpose of this paragraph.
(b) The Board may proceed to terminate the member's occupancy rights under Article 10 (Termination of Occupancy by Co-op) if the Board determines that the unit is not the member's principal residence or that, as of the day of the Board hearing, the member has not personally occupied and resided in the unit during the immediately preceding one-year period.
7.07 No Assignment
Members may not assign their right to occupy their units.
(a) A member who wants to leave the Co-op temporarily may permit others to occupy his or her Unit as a sub-occupant, but only on the terms of the Sub occupancy Agreement attached to this By-law as Schedule "F", or a similar form of agreement approved by the Board.
(b) In all cases, if the term is longer than two months the sub occupant must be approved by the Membership Selection Committee. No Board approval of the sub-occupant will be required.
(c) Prior to the beginning of any term of sub-occupancy, the member and all sub-occupants must sign and deliver to the Co-op a Sub-Occupancy Agreement in a form approved by the Board.
(d) The maximum term of sub-occupancy will normally be no longer than one year within a five year period. At its discretion, however, the Board may allow longer periods of sub-occupancy.
(e) A person sub-occupying a Unit may be placed on the external waiting list of the Co-op, if not already on it, provided the waiting list is open, and may only occupy a different Unit within the Co-op if:
i) the term of the sub-occupancy has expired;
ii) the person's name has reached to top of the external waiting list;
iii) an appropriate vacancy exists.
Otherwise, at the end of the term of sub-occupancy, the person must surrender occupancy rights in the Co-op until the above conditions are satisfied.
7.09 No Profit
(a) Any arrangements for sharing expenses among persons occupying a Unit, must not directly or indirectly permit a profit to any member,
(b) Members may not profit on surrendering occupancy rights or granting temporary occupancy rights. Any profit which may be realized by members out of their right to occupy a Unit in the Co-op shall be the property of the Co-op.
7.10 Consent to Assignment
In order to control occupancy of the Co-op's units and to prevent a profit to any member on surrender of a unit, the Co-op will be considered to be acting reasonably in withholding its consent to any assigning, sub-letting, parting with possession of or disposing of a unit if it refuses consent where the proposed transaction would be in favour of a non-member or would violate any provisions established by the Co-op in relation to waiting lists or any other provision of the Co-op's by-laws.
7.11 Co-op Employees
Except for any member employed by the Co-op on a permanent basis at the time this By-law is enacted:
(a) No permanent employee of the Co-op may be a member of the Co-op. In the event the Co-op has any employee whose duties require him or her to reside in premises provided by the Co-op, then the employee will be considered a tenant of the Co-op and the provisions of Part IV of the Landlord and Tenant Act or any successor legislation will apply to the tenancy.
(b) The Board will ensure that a written agreement is entered into with the employee providing that the tenancy of the employee will end at the same time as the employment is terminated.
7.12 In-Situ Tenants
(a) If any persons occupy units of housing at the time the units become part of the Co-op, then, if any of the occupants of such units do not become members of the Co-op under the policies or by-laws of the Co-op prevailing at the time, they will be considered to be tenants of the Co-op and their relationship with the Co-op will be governed by Part IV of the Landlord and Tenant Act and any leases or tenancy agreements that may be entered into between them and the Co-op. The Board will permit them to remain as tenants of the Co-op unless they default in their obligations to the Co-op.
(b) In dealing with such tenants, the Board will accord them any privileges specifically made available to them by this or any other by-laws and generally will act in a fair manner towards them, recognizing that they are not entitled to the full privileges of membership.
7.13 Commercial Tenants
If the Co-op has any tenants occupying any property owned by it for other than residential purposes, this By-law will not apply to the relationship with them, and the relationship will be governed by whatever lease or tenancy agreement has been entered into between them and the Co-op.
ARTICLE 8 – INSURANCE AND LIABILITY
8.01 Co-op's Insurance
The Co-op will maintain such insurance as the Board considers appropriate which may include the following:
(a) fire and extended coverage in amounts required by any mortgagee or such greater amounts as the Board may reasonably determine;
(b) boiler and machinery insurance in amounts required by any mortgagee or such greater amounts as the Board may reasonably determine;
(c) public liability insurance, including liability to members, tenants and other persons on the property in such amounts as the Board may reasonably determine;
(d) fidelity bonding for its employees in such amounts as the Board may reasonably determine.
(e) volunteer workers' and directors' accident insurance; and
(f) directors' and officers' liability insurance.
8.02 Members' Insurance
Members are expected to obtain whatever insurance they feel appropriate for theft of, or damage to, property owned by them and liability insurance for damage they may cause to the Co-op's property.
8.03 Co-op's Liability
(a) The Co-op will be liable for any direct damage (indirect or consequential damage is not included) caused by the Co-op or its employees to the persons or property of the members and their families. This will include damage caused by any defects in buildings or equipment owned or rented by the Co-op, regardless of whether the Co-op's insurance will compensate the Co-op for costs involved. The Co-op's liability will be limited to the portion of the damages not recoverable by the member from an insurance policy maintained by the member. The member hereby releases the Co-op from any claim with respect to portions so recoverable.
(b) The liability of the Co-op with respect to damage under sub paragraph (a) will be limited to $250 with respect to any one incident and the Co-op will not be liable for any greater or other amount regardless of why the damage occurred. The above limitation is designed to cover the deductible under a member's insurance, and not substitute for insurance by members.
(c) The Co-op will be liable for any theft by or damage to the property of a member caused by any person who is in any unit in connection with that person's duties on behalf of the Co-op. The liability of the Co-op will be limited to $250 with respect to any one incident and the Co-op will not be liable for any greater or other amount regardless of the reason why the damage occurred.
8.04 Members' Liability
Members will be responsible for the acts, omissions and behaviour of their household, guests or sub-occupants and all persons invited or permitted into the unit, common elements or other property of the Co-op by the member, their household, guests or sub-occupants.
ARTICLE 9 – TERMINATION OF OCCUPANCY BY MEMBER
49. Notice Required
(a) A member may terminate occupancy in the Co-op by giving seventy (70) days' notice, with the seventy day notice period ended on the last day of a calendar month. The member's right to occupy his or her unit shall terminate at the end of this notice period. The member cannot withdraw notice without the board's consent. The board can refuse to allow a member to withdraw notice. The member cannot appeal the board's decision.
(b) Until the end of the seventy day notice period, the member's rights and obligations shall remain in full force and effect. On the expiration of such notice, if the member vacates the unit in accordance with the notice, his or her obligations to the Co-op shall end, but any outstanding obligations to the Co-op existing on that date shall continue until paid or fulfilled.
(c) If the member gives less notice than required in (a) above, the member must still move out by the date specified in the written notice. The board may enforce the written notice. However, the member is responsible for all obligations until the end of the seventy day notice period. If the Co-op is able to allocate the unit to, and receive housing charges from, another member during this period, then the amount owing by the member will be reduced accordingly, provided there is no vacancy loss in a related unit due to internal relocation.
ARTICLE 10 – TERMINATION OF OCCUPANCY BY CO-OP
50. Termination of Occupancy
The Board may terminate a member's right to occupy his or her unit for any of the following reasons:
(a) The member is in default of or has been repeatedly late in payment of monthly charges or other charges payable under the by-laws of the Co-op.
(b) The member has, in the opinion of the Board, substantially or repeatedly failed to participate in the Co-op in accordance with paragraph 8 of this by-law.
(c) The member has, in the opinion of the Board, substantially or repeatedly breached paragraphs 24.1, 24.2, 24.3 and 25 of this By law.
(d) The member has, in the opinion of the Board, substantially or repeatedly failed to observe his or her maintenance and repair responsibilities as set out in paragraph 28 and the Maintenance Policy.
(e) The member has committed any other breach or breaches of his or her obligations under this By law or any of the Charter, By laws or Rules or Policies of the Co-op, and the Board feels that such breach or breaches be serious enough to warrant termination of occupancy.
51. Procedure for Terminating Occupancy
(a) The Board may not terminate any member's occupancy rights without giving written notice to the member's unit at least ten (10) days prior to the meeting of the Board called for the purpose of dealing with the termination, which notice shall:
i) specify the breach or default complained of;
ii) require the member to remedy the breach if it is capable of remedy;
iii) require the member to make compensation in money for the breach if it may be compensated for in money;
iv) set out the time and place for the meeting to consider whether the member's occupancy rights shall be terminated.
The member may appear personally or by agent or counsel at the meeting and make representations, or a written submission, to the Board prior to its vote.
(b) If the Board is of the opinion that one of the causes set out in paragraph 50 exists, and the member has not remedied or compensated for the breach in accordance with the notice, or it is a repeated breach, the occupancy rights (but not the membership) of the member may be terminated by resolution passed by a majority of those present and voting at the meeting. Such termination of occupancy rights shall be effective at a date specified in the resolution, which date shall be a reasonable time after the meeting, but normally at least ten days after the meeting.
(c) The Board may adjourn the determination of whether to terminate the member's occupancy to a consideration at a specific future time. It shall not be necessary to give the member any further notice of any such future consideration.
(d) If it sees fit, the Board may terminate a member's occupancy rights on a specific date, but may resolve that such termination shall not take effect if the member makes such payments or performs such acts as the Board may determine on or before such date. If the member complies with such resolution, then the resolution terminating his or her occupancy rights shall be of no further force or effect.
(e) If the occupancy rights of the member are terminated, a notice to vacate specifying the day of termination shall be delivered to the member's unit normally within two days following the meeting of the Board (and whether or not a resolution referred to in subparagraph (d) has been passed).
52. Right of Appeal
(a) If the member or his or her agent or counsel was present at the meeting of the Board, or if the member made a written submission, s/he may appeal the decision terminating his or her occupancy rights by serving on any member of the Board and leaving at the office, within five days of delivery of the notice referred to in paragraph 51 (e), notice setting out the grounds on which s/he appeals.
(b) On receipt of such notice, the President shall call a meeting of the members giving due notice thereof, or put the matter on the agenda for the next general meeting, providing such meeting has been scheduled to occur within twenty-one (21) days of the receipt of the notice of appeal. In the failure or inability of the President to act, the Vice-President or any other director shall call a meeting as set out above.
(c) At such meeting, the member whose occupancy rights have been terminated may appear with or without counsel and may make representations, or a written submission, to the meeting.
(d) By a majority vote, the meeting may confirm the decision of the Board, or substitute for the Board's decision any decision which is not contrary to this By-law.
(e) If an appeal is launched in accordance with this paragraph, the day of termination shall be postponed until two days following the date for which the members' meeting is called, unless the day of termination is later, but the general meeting may decide to further extend the day of termination.
(f) If the members' meeting is duly called and fails to pass a resolution confirming or changing the decision of the Board, the decision of the Board shall be deemed to have been confirmed.
53. Legal Proceedings
(a) If the member fails to vacate on the proper day of termination, determined in accordance with this Article, or if it appears likely that the member will not so vacate, the Co-op may apply for a Writ of Possession against the member. The Co-op may also sue the member for any monies owing by the member to the Co-op,
(b) Notwithstanding the provisions of the Landlord and Tenant Act, the Co-op shall not have the right to seize the goods and chattels of any member (unless the member has abandoned his or her unit). None of the member's property shall be subject to levy by distress for arrears of housing charges.
(c) Unless a member consents, or abandons his or her unit, the Co-op shall not re enter or regain possession of a unit except under the authority of a Writ of Possession or other judicial process.
54. Applicability of By-law
Notwithstanding the provisions of Section 18 (1) of The Landlord and Tenant Act, the Co-op shall have no right to terminate occupancy rights or to re enter a unit unless the provisions of its by-laws have been adhered to.
If any member abandons his or her unit, the Co-op may enter the unit and allot it to another member, or rent it, and any losses or costs resulting to the Co-op shall be the responsibility of the abandoning member.
ARTICLE 11 – WITHDRAWAL FROM MEMBERSHIP
56. No Withdrawal Without Terminating Occupancy
A resident member may not withdraw from membership in the Co-op without terminating his or her occupancy in the Co-op. If a member serves notice of withdrawal from membership under Section 64 of The Co-operative Corporations Act, s/he shall be deemed to have given two months' notice to terminate occupancy in accordance with paragraph 49 at the same time. If the member fails to vacate his or her unit in accordance with paragraph 49, the Co-op may apply for a Writ of Possession and take such other proceedings as the Board sees fit against the member without the necessity of following the provisions of paragraphs 50 and 51. Any member serving notice of withdrawal from membership shall be informed by the Co-op of the provisions of this paragraph.
57. No Termination of Occupancy Without Withdrawal
No member may terminate his or her occupancy rights in the Co-op under paragraph 49 without also withdrawing from membership in the Co-op, and the delivery of a notice of termination under paragraph 49 of this By law shall be deemed to be the delivery of a notice of intention to withdraw from membership under Section 64 of The Co-operative Corporations Act.
Any member who has abandoned his or her unit will be deemed to have given notice of intention to withdraw from membership in the Co-op on the day of abandonment unless written notice to the contrary is given to the Co-op.
59. When Occupancy Rights Terminated
(a) Any member whose occupancy rights have been terminated under Article 10 of this By law shall be deemed to have given notice of intention to withdraw from membership in the Co-op on the day on which possession is recovered by the Co-op, unless written notice to the contrary is given to the Co-op.
(b) Any member who ceases to have a right to occupy, reoccupy or remain on the internal waiting list for a Unit in the Co-op under paragraphs 31, 33, 34 or 35 shall be deemed to have given notice of intention to withdraw from membership in the Co-op on the day on which s/he ceases to have such rights, or ceases to remain on the internal waiting list as the case may be, unless written notice to the contrary is given to the Co-op.
60. Expulsion From Membership
Any member who is no longer resident in the Co-op may be expelled from membership in accordance with the procedure set out in Section 66 of The Co-operative Corporations Act.
ARTICLE 12 – MISCELLANEOUS
(a) The rights granted to members in this by-law shall be subject and subordinate to all mortgages or ground leases now existing on the Co-op's property or those which may be duly entered into in the future by the Co-op. The members shall execute any documents which the Co-op or any lender may deem necessary or desirable to give effect to this paragraph.
(b) The Co-op and each and every officer and future officer shall be the irrevocable attorney in fact of each member to execute any such instrument on behalf of the members.
Time shall be of the essence of this by-law and the performance of the duties of the Co-op and its members.
63. Procedural Irregularities
No minor defect in the procedure or in the notice given with respect to any matter dealt with in this By law, including termination of occupancy under paragraphs 51 and 52, shall invalidate any decision made, if there has been substantial compliance with the provisions of this By law and if no injustice results. Any member may waive, in writing or by conduct, any defect in procedure with respect to any matter dealt with in this By law.
64. Partial Invalidity
If any clause or provision of this by-law or any by-law of the Co-op affecting the occupancy rights of members shall be adjudged invalid, the same shall not affect the validity of any other clause or provision of this by-law or any agreement with any member pursuant to this by-law, or constitute any cause of action in favour of the Co-op, or any member. No failure by the Co-op to enforce any of its rights, and no condoning or waiver of any particular breach or default, shall operate to prevent the Co-op from insisting on its rights with respect to any other or continued breach or default.
65. Planning Act
This by-law and agreements made pursuant to it shall be effective to create an interest in land or give a term of occupancy of twenty-one years or more only if the provisions of Section 29 of The Planning Act are complied with. However, except as to the creation of an interest in the land, this By-law and agreements made pursuant to it shall remain in full force and effect, despite any non-compliance with the said provisions.
Wherever this by-law refers to a policy of the Co-op attached as a schedule, or to the Rules and Regulations, such policy or Rules shall be considered a part of this By law and may be adopted or changed only in the same manner as this by-law may be amended. If, at the day of the passing hereof, or at any other time, any of the policies or Rules referred to in this By law are not in existence or have not yet been adopted, any reference to such policy or Rules in this by-law shall be taken as a reference to the resolutions or decisions made by the Board or the members from time to time dealing with the matters covered by such policy or rules.
(a) The following table is a summary of the notice period required for the various items set out below. If there is any conflict between this table and the appropriate paragraph of this by-law, then the paragraph of the by-law shall govern.
|Event||Paragraph||Period to Elapse between Delivery of Notice and Event(Exclude both day of notice and day of event except in the case of notice in hours)|
|Members' Meetings (Subject to Co-op Corporation Act)||As set out in By law No. 1|
|Notice of change||22||As soon as possible after in budget meeting (change effective 30 days after meeting)|
|Enter Unit||27(b&c)||24 hours|
|Change Unit||31||7 days|
|Sale of Unit||33||7 days|
|Termination||51(e)||Less than 2 days after meeting, effective as set out in paragraph 51|
(b) All the notices referred to in this table except the notice to enter for inspection in paragraph 28 shall be in writing and shall be sufficiently given if handed personally or left with the member, or left in the mailbox, slipped under the door, taped to the door, or otherwise delivered to the unit. If more than one member occupies a unit, it shall be sufficient delivery to all members occupying the unit if one notice is left at the unit.
68. This By law shall come into force only after being passed by a resolution of the Board and confirmed by a two thirds majority of the votes cast at a meeting of members, and may be amended only in the same manner and by the same majority.
OCCUPANCY BY-LAW (NO. 2 ) BY-LAW HISTORY
Original by-law #2
5 September 1979
14 September 1981
Amended Article III: 18(a) Liability
9 March 1982
Amended Article VI: 31(a) Change in Household Size
9 September 1982
Amended Article I: 1 Membership and 2, Admission of Members to Occupancy and Article VI: 31(a), Change in Household Size
23 January 1984
Amended Article III: 8(b), Participation Policy, Schedule E [now Participation By-law (No. 23)]
8 November 1984
Amended Article III: 9(a) and (d)(iii) Monthly Housing Charge and 16(b) Additional Charges
29 February 1988
Original Article VII replaced by Articles 7.01 to 7.13, Occupancy by Members
31 May 1988
Original Article VIII replaced by Articles 8.01 to 8.04, Insurance and Liability
22 March 1990
Renamed the original by-law #2 as the Occupancy By-law (No. 2), and renamed its Schedules A, B, C, D and E as by-laws; Schedule F, forms, was deleted
3 July 1990
Amended Article 7.08(d) Sub-occupancy
9 April 1992
Amended Article III: 9(d)(i) re post-dated cheques
1 April 1993
Amended Article V: 25(a) and (b) added, Unacceptable Behaviour
3 April 1995
Amended Article IX:49 Notice Required, Termination of Occupancy by Member
10 October 1996
Amended Article 7.03 Persons Turning Sixteen
4 March 1997
Amended Article 7.01 Policy regarding Occupancy by Members
11 September 2001
Amended Article V: Use and Behaviour, new paragraphs 24.1 Nuisance, 24.2 Illegal Acts, 24.3 Acts of Others; paragraph 25, Unacceptable Behaviour, amended to delete 25(a) and renumber 25(b) as paragraph 25
13 May 2003
Amended Article IX: 49 Termination of Occupancy by Member and Article X:50 Termination of Occupancy by Co-op