Setting Housing Charges, Occupancy and Spending Bylaws
**Sources:** Occupancy Bylaw, Article 3; Occupancy Bylaw, Article 4; Spending Bylaw, Article 4
3.3 Payment of Housing Charges
(a) Time of Payment
Housing charges are due each month before noon on the first business day of the month.
(b) No Cash Payments
Housing charges cannot be paid in cash.
(c) Pre-authorized Payment
Members may pay housing charges using pre-authorized payment methods. These are generally more convenient for both members and the Co-op. Available methods include:
* pre-authorized payment;
* post-dated cheques; and
* pre-authorized debit, where available.
Payment arrangements may be made through the Co-op office.
(d) Other Ways to Pay
Members may also pay monthly by debit card at the Co-op office where debit payment is available.
Members who do not use one of the payment methods listed above must pay by monthly cheque or money order delivered to the Co-op office. If the office is closed, payments may be deposited in the Co-op office mailbox.
With approval of the Board, the Co-op may introduce additional or optional payment methods provided they meet the Co-op’s operational requirements and are convenient for members.
3.4 Other Charges
Members are responsible for paying the Co-op for any additional costs, charges or expenses caused by:
* any member of their household; or
* anyone permitted on Co-op property by the member or another household member.
This responsibility applies whether or not a by-law has been violated. Examples include debt collection costs and repair expenses.
See also: https://www.woodsworthcoop.ca/index.php/tag/schedule-of-charges/
3.5(d) Adjustment of the Last Month’s Housing Charge Deposit and Maintenance Deposit
When the full monthly housing charge changes:
* the Last Month’s Housing Charge Deposit will be adjusted to equal the member’s new monthly housing charge; and
* the Maintenance Deposit will be adjusted to 50% of the Last Month’s Housing Charge Deposit.
Members must pay any increase on the date established by the Board unless the members’ meeting approving the housing charge change establishes another date. Any reduction will be credited against future housing charges.
For members receiving housing charge subsidy (RGI), the Maintenance Deposit will be adjusted annually following the review of household income and composition. Members must pay any increase on the date established by the Board. Any reduction will be credited to future housing charges.
See also: Topping up last month’s housing charge and maintenance deposits
3.6 Housing Charges Are Per Unit
Housing charges and member deposits are payable on a per-unit basis.
Where more than one member occupies a unit, each member is jointly responsible for the full amount of the housing charges and deposits, regardless of any private arrangement between them.
Only one monthly payment shall be made for each unit.
If one or more occupants move out, the remaining members continue to be responsible for all housing charges applicable to the unit.
4.1 The Members Set the Full Monthly Housing Charges
The full monthly housing charges may be established or changed only by a majority vote of the members at a general meeting.
Members approve housing charges annually, or more frequently if required.
Whenever housing charges are proposed to change, the Board must present a budget for member approval. Existing housing charges remain in effect until new charges are approved.
Members may approve housing charges that differ from those proposed in the budget.
4.2 Annual Budgets
(a) Operating Budget (Spending Bylaw, Article 4)
Each year the Board of Directors shall submit an operating budget for the next fiscal year for approval by the members at a general meeting.
The operating budget must include:
* the total expected cost of operating the Co-op;
* a detailed breakdown of operating costs;
* the proposed full monthly housing charges for each unit or unit type; and
* proposed charges for separately billed services, such as parking.
Approval of the operating budget authorizes the Board to spend operating funds during the fiscal year up to the total amount approved by the members, subject to the Spending Bylaw.
Unless the members decide otherwise when approving the budget, the Board may use a surplus in one operating expense category to offset a deficit in another category without exceeding the total approved operating budget.
Members also approve a schedule of Total Market Housing Charges (TMHC) for each unit type and size. Members receiving housing charge subsidy (RGI) pay only the subsidized amount determined under the Co-op’s subsidy policies.
(b) Capital Budget
If capital expenditures are planned, the Board shall prepare a capital budget for member approval. Whenever practical, it shall be presented at the same meeting as the operating budget.
The capital budget must include:
* proposed capital expenditures;
* proposed funding sources;
* the impact on the capital reserve;
* the impact on future operating budgets; and
* the estimated timeline for the expenditures.
(c) Approval by Members
Approval of the operating budget or capital budget authorizes the Board to spend funds as approved, subject to the Spending Bylaw.
Members may also decide, by resolution at a general meeting, which items are included in or excluded from total housing charges. Any such motion must clearly state the approved change.
4.3 Notice of Proposed Budget
A proposed budget and proposed housing charges may be considered only if the notice of the general meeting states that a budget will be considered.
Notice shall be given in accordance with the Co-operative Corporations Act and the Co-op’s by-laws.
A copy of the proposed budget, including any proposed housing charge schedule by unit type, must be delivered to every unit at least five (5) days before the budget meeting.
4.4 Changes in Housing Charges
(a) Beginning of Changed Housing Charges
Any approved change to the full monthly housing charges takes effect on the first day of the third month following member approval.
The members may, by a two-thirds vote at a general meeting, approve a different effective date, including an earlier date.
(b) Notice of Change
Notice of an approved change in full housing charges must be delivered to every unit within a reasonable time following the meeting, subject to any applicable legislative requirements.
4.5 Mid-year Change in Housing Charges
Occupancy Bylaw:
If the Board determines that changes to the operating budget and/or housing charges are necessary during a fiscal year, it shall prepare a revised budget or explanatory statement setting out the reasons for the proposed change and submit it to the members for approval at a general meeting.
Notice of the meeting shall be given in accordance with Section 4.3.
The timing and procedures governing any mid-year budget or housing charge change shall follow Sections 4.1 through 4.4 of this By-law.
Consistent with the Spending Bylaw, the Board shall not increase total operating expenses or housing charges during a fiscal year without approval of the members at a duly called meeting.
