Unit condition, inspections on move-out, damages, and move-ins – from the bylaws

Woodsworth's bylaws relating to maintenance, moving and renovations are scattered in several bylaws and policies, developed and approved at different times, but they are still in effect. The Bylaw Committee is working on merging, updating and clarifying them and as required by the Co-op Act and our bylaws, these will be brought to the membership for a vote. 

Until then, to make them a little more user friendly, key portions of our current approved bylaws have been put together in this webpage. 

Most come from the Move-Out Bylaw, but each portion is annotated with article number so you can find it the full bylaw. 

PART I – UNIT CONDITION

These general principles from the Move-Out Bylaw about expected condition on move-out are of key importance, especially since our buildings are over 45 years old. There are related clauses of the Maintenance Bylaw as well.
The Co-op’s bylaws say this about expectations regarding condition:

(A) Source: Move-Out Bylaw, 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.

(B) Source: Move-Out Bylaw, Article 7.2

The Co-op cannot restore a unit to its original condition, nor guarantee that a relocating member’s new unit will be in the same condition as the unit they are vacating.

(C) The Maintenance Bylaw, Article 7 (b) i says:

On move-in, a unit inspection will be carried out by the Co-op in the presence of the new member. A report on the condition of the unit will be signed by both the new member and the Co-op.

PART II – INSPECTIONS

(A) Damage or negligence

Source: Maintenance Bylaw, Article 1 (c)

All damage caused by the negligence of a member (or by the household or guests of a member) will be the member’s responsibility. The Co-op will charge a fee to the member to carry out repairs or replacements necessitated by such damage.

(B) Initial Inspection

Source: Move-Out Bylaw, Article 1.1

Once a member gives proper move-out notice (as required by the By-laws):

  • The Co-op will schedule an inspection within fifteen (15) days.
  • The member will receive notice of the inspection date.
  • Staff must be provided access to inspect:
    • Flooring underneath carpets
    • Walls behind large furniture
(C) Following the inspection, give member a list of repairs to remedy

Article 1.2 Repair List

  • The Co-op will provide a written list of any repairs required.
  • Repairs must bring the unit to a condition that, in the Co-op’s opinion, is reasonable.

The Maintenance Bylaw, Article 7 (a) ii says:

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.

Repairs by members:

The member will have thirty (30) days in which to complete the repairs at which time a second inspection will be carried out by the Co-op.
Source: Maintenance Bylaw, Article 7 (a) iii

(D) Follow-Up Inspection

A final inspection will be conducted just prior to move-out.
Source: Move-Out Bylaw, Article 1.3 

The deposit may be applied against the cost of repairs or heavy cleaning if required.
Source: Move-Out Bylaw, Article 1.3, 1.4

PART III – MAINTENANCE DEPOSIT

No portion of the Maintenance Deposit will be refunded until:
  • The final inspection has been completed; and
  • The new occupant has accepted the unit.
If there is a dispute regarding the condition of the unit:
  • The matter must be resolved;
  • Required repairs must be completed; and
  • Costs must be determined
    before any portion of the Maintenance Deposit is returned.
    Source: Move-Out Bylaw, Article 1.4

The Maintenance Bylaw says: Money on deposit will not be refunded until after the Co-op has received vacant possession of the unit.
Source: Maintenance Bylaw, Article 7 (a) iv

PART IV – PAYMENT FOR DAMAGES

Source: Move-out bylaw, Article 4

(A) Partial payment for damages

Where a small damaged area requires replacement of a larger area for matching purposes, the Co-op will apply the following formulas while recognizing normal wear and tear.

4.1 Carpet

Charge = (% of remaining life based on 15 years) × (% of area damaged) × (replacement cost)

Minimum charge applies to at least 2 sq. ft. (3.7 sq. m.).

  • Older carpet = lower remaining life = lower charge
  • Smaller damaged area = proportionately lower charge

4.2 Counter

Charge = 50% of the cost of replacing the damaged section only

The outgoing member is not responsible for the cost of replacing the entire counter, only half of the affected section.

4.3 Parquet Flooring

If the parquet floor was refinished less than five (5) years prior to move-out:

  • Charges will be based on the proportion of floor area damaged.Source: Move-out Bylaw, Article 4
(B) Other charges

Source: Move-out Bylaw, Article 5

5.1 Cleaning

If staff determine that cleaning is required prior to a new member moving in:

  • The unit will be cleaned; and
  • The cost (staff time or cleaning service) will be charged to the outgoing member.

5.2 Painting / Wallpaper Issues

If painting or wallpaper does not comply with Co-op policy:

  • Staff will assist the incoming member in addressing the issue as appropriate;
  • Labour may be completed by the incoming member;
  • Any additional material costs (e.g., extra paint required) may be charged to the outgoing member.
(C)  Co-op will arrange and carry out the this work where required

While this is a co-op responsibility, the costs will be charged to the outgoing member.

Source: Move-out Bylaw, Article 6

(Costs Charged to Outgoing Member)

The Co-op will arrange and carry out the following work where required; however, the cost will be charged to the outgoing member:

6.1 Major repairs to walls, floors, or ceilings
6.2 Major cleaning
6.3 Repainting where:

  • Previous painting did not comply with policy; and/or
  • Multiple coats are required to restore the unit to an acceptable condition

6.4 Replacement of fixtures, including but not limited to:

  • Screens
  • Doorknobs
  • Light fixtures

Part V – EXPECTATIONS OF INCOMING MEMBERS

Source:  Move-Out Bylaw, Article 7

7.1  When an incoming (or relocating) member accepts a unit, they are entering into a binding agreement with the Co-op for a definite, non-negotiable move-in date established at the time of unit acceptance.

7.2  The Co-operative will make every reasonable effort to remedy major deficiencies in the unit prior to the move-in date. However, delays (other than floor refinishing) will not result in a change to the move-in date. By accepting a unit, a member acknowledges the possibility of taking possession of the unit “as is.”

The Co-op cannot restore a unit to its original condition, nor guarantee that a relocating member’s new unit will be in the same condition as the unit they are vacating.

7.3  Incoming or relocating members will be given the opportunity to fully inspect the unit being offered. Staff will disclose any known deficiencies prior to unit acceptance and payment of any applicable fees.

7.4  Where major deficiencies exist (e.g., floor refinishing, fumigation, structural repairs), staff will allocate sufficient time to complete the required work. During this period, the incoming member will not have access to the unit for painting, storage, or other purposes.

7.5  If an incoming member requests additional vacancy time for redecorating or other purposes, the member will be responsible for any associated vacancy loss.

7.6  Repainting and wallpaper removal—provided the wallpaper was installed in accordance with Co-op policy—are the responsibility of the incoming member. This includes filling small nail holes in walls.

7.7  The Co-op will not replace baseboards.

7.8  Decisions regarding floor refinishing will be made by staff based on their assessment of the floor’s condition and available budget.

7.9  The Co-op will change the lock cylinder on the unit entrance door as soon as possible following move-out.

7.10  Any staff decision made under this policy may be appealed to the Board of Directors. Appeals will be addressed as expeditiously as possible.

Part VI – ALTERATIONS BY MEMBERS 

The Maintenance Bylaw and the Maintenance Renovation Bylaw have complex rules and procedures about changes, upgrades, renovations by members. This is relevant to unit condition because over the years since 1979, units have been changed by both the co-op and by members. The Maintenance Bylaw which pre-dates the other bylaws contains the key points and is quoted here.
Improvements by members

Source: Maintenance Bylaw, Article 6

(a) Members will be individually responsible for the cost of improvements or alterations to their units.

(b) Fixtures in place are the property of the Co-op.

(c) Replacing or refinishing floor coverings, with the exception of laying a carpet, may be done only with permission from the Co-op.

(d) Major structural changes, such as moving or adding walls, installing additional plumbing, etc., must have prior written approval of the Co-op and must meet all building regulations. 

Alterations that would reduce the number of rooms will not be permitted. 

Permanent improvements and alterations, including installation of additional wall coverings (e.g. stucco, tiles, paneling) and built-in furniture may be made only with the prior written approval of the Co-op.

(e) Alterations/renovations approved by the Co-op and undertaken by a member remain the permanent property of the Co-op.

(f) Upon termination of Occupancy no compensation will be given for said alteration/renovation.

Agreements Between Members

Source: Move-out Bylaw, Article 1.5

Any agreements between outgoing and incoming members (for example, regarding repairs or items remaining in the unit):

  • Must be in writing; and
  • A copy must be filed with the Co-op office.

PART VII – MOVING DATE

Source: Membership Bylaw, Articles 5.5.7 and 6.2.8

Article 5.5.7 Moving Date – Internal Relocation

Members will be provided with at least thirty (30) days’ notice of the relocation date.

Once a member on the internal waiting list accepts an offered unit, they must vacate their current unit and move into the new unit on the date specified in the offer.

Article 6.2.8 Taking Occupancy – External Applicants

If a household on the external waiting list accepts an offered unit, they will not be required to take occupancy or begin paying housing charges until the first day of the third month following the date of the offer.

If the unit becomes vacant earlier, the household must make all reasonable efforts to move in and begin paying housing charges earlier, provided doing so does not result in financial loss to the household.


SEE ALSO:

A bylaws and policies relating to property and unit condition and maintenance:

Maintenance: moving into and around Woodsworth: a guide to bylaws and policies

AND:

Moving out, notice requirements, vacating the unit, and withdrawing from membership

Relocation, the internal waiting list and unit allocation

 

Relocation, the internal waiting list and unit allocation

Summary

If you are a Woodsworth member currently living in the co-op and wish to move to a different unit:

  • Apartments and townhouses are allocated based on waiting lists.
  • Complete the Internal Relocation Form (available online or in the Photocopy Room).
  • Management is responsible for maintaining the lists and making offers based on the lists and the Membership Bylaw and the Occupancy Bylaw.
  • You may check the internal waiting list at any time (copy room) or speak with Management, who oversees waiting lists and unit allocations.

1. Qualifications for a unit in Woodsworth

(Member Approval and Unit Allocation (Membership Bylaw), Article 4.2)

(a) The co-operative must be satisfied that the household will meet the obligations to pay the monthly charges to the co-operative in accordance with the bylaws and their occupancy agreement. The co-operative will take into account whether or not the household qualifies for a subsidy in the new unit if a subsidy is available. See also Article 5.1.2 (c) Household in arrears.

(b) The household must meet occupancy standards.

(c) The households must qualify based on Articles 5 (Internal) or 6 (External).

2.   Types of waiting lists

Internal waiting list for unit allocation – Membership Bylaw, Article 5.

External waiting list for unit allocation – Membership Bylaw, Article 6.

3.   Who can join the Internal Waiting List? 

The Internal Waiting List is made up of members or households who live in the co-operative who are:

(a) Want or need to move to a different unit, or
(b) Are required to transfer under the co-operative’s Bylaws or any requirements of a rent-geared-to-income program or the Occupancy Bylaw, or
(c) Are former members who have been approved as returning members.

Important note:  If you move out of the co-op, you lose your membership. Former members cannot join the Internal Waiting List unless they have been formally approved as returning members.

Not a Woodsworth member?

→ See External waiting lists and moving into Woodsworth.

4. Additional eligibility restrictions

(Membership Bylaw, Article 5.1.2)

To join or remain on the internal waiting list, members must meet all of the following:

Minimum residency

Members must have lived in their unit for at least 2 years before applying. The Board may approve exceptions.

New members who joined as long-term guests or Turning 16’s

These new members must be members for 2 years before joining the internal waiting list. Time before becoming a member does not count.

Financial requirements

Applicants must demonstrate financial responsibility.

Verifiable proof of income is required.

Arrears

Households in arrears may not apply or transfer units.

Exception: required rent-geared-to-income (RGI) moves.

Occupancy rules

Members may apply only for units they qualify for based on occupancy standards.

After moving, households must meet occupancy standards for three years. Otherwise, they are considered over-housed and must move to a smaller unit to meet occupancy standards.  See Occupancy Bylaw, Article 9.4

All prospective occupants of the household must be listed on the relocation request and waiting list.

5. Occupancy Standards

  • Who counts toward occupancy:
    * Members
    * Children
    * Long-term guests with a signed long-term guest agreement.
  • Casual guests do not count.
  • There must be at least one member living in each unit.
  • There is no co-op-specific maximum occupancy, but all units must comply with City of Toronto property standards.
  • You must meet minimum occupancy standards to be eligible for a certain unit size:

Unit size

Minimum people

Exceptions

1 bedroom Minimum – 1 occupant None
2 bedroom Minimum – 1 occupant in mid-rise and Wilton Street only 2 occupants required for 2-bedroom townhouses.
3 bedroom Minimum – 3 occupants None
4 bedroom Minimum – 4 occupants None

Source:  Occupancy Bylaw, Article 9.3

6. Choosing unit preferences

You may have requests up to two unit types at a time.

Preferences may include:
Unit type
Street or floor
Specific unit(s)

Tip: Narrow preferences (for example, a specific floor or street) do not lower your position on the list, but may delay offers. You will only be offered units that match your stated preferences.

Adding preferences does not give the household any priority for units.

7. How units are offered

When a unit becomes available:

Management offers it to the first qualified applicant based on:

For details, see Alternating between internal and external waiting lists – unit allocation.

8. Offers, refusals and contact rules

The co-op will try to contact you within 3 business days.
You have 3 business days to respond.
No response counts as a refusal.
After 3 refusals, you are moved to the bottom of the internal waiting list.

Important notes:

One refusal is counted per offer, not per preference.

The number of preferences you list does not affect refusal counts and does not give any priority when a match for your preferences comes up.

9.  Move-in timelines for internal relocations

After accepting an offer, you will receive at least 30 days to move into the unit.

You must move on the specified date.

Once you accept a unit, you are removed from all other waiting lists.

10.  After you accept a unit:

Your household is removed from all waiting lists.

Members in your unit must sign a new Occupancy Agreement.

You will receive at least 30 days’ notice for an internal relocation.

External moves follow different timelines.  They are given more time to move in. If the unit is ready earlier, the household should move in sooner if it won’t cause them financial loss. (See Membership Bylaw, Article 6.2.8.)

The household must pay or update the first and last month’s housing charges and a maintenance deposit equal to half of the last month’s charge. If you receive a subsidy, different rules apply. Refer to Occupancy Bylaw, Article 3.5.

You must vacate your current unit and move into the new one on the specified date.

You must live in your new unit for at least two years before rejoining the waiting list. In some cases, the Board may make an exception to the residency requirements. If you need an accommodation for accessibility reasons, Woodsworth has a policy in place to support you.

Your household must continue to qualify for the unit size based on the occupancy standards for 3 years.

11. When should you update your Internal Relocation Form?

You should update your form as soon as possible if:

                • Your household size or composition changes
                • Your accessibility needs change
                • You now qualify for a larger unit
                  (Example: a couple or parent with a child may qualify for a 2-bedroom townhouse; single applicants qualify only for mid-rise or Wilton Street units)
                • Your contact information changes (phone or email)
                • Your income changes (affects affordability and subsidy eligibility – (Membership Bylaw, Article 4.2 (a))

Reminder:

Updating your information or preferences does not affect your position on the waiting list.  (Membership Bylaw, Article 4 (g) and (h))

12.  Where to Get the Form

Schedule E of the Member Approval and Unit Allocation Bylaw – Internal relocation application form

Copies are available:
– In the Photocopy Room
– On this website

13.  Recommended reading for details

Member Approval and Unit Allocation Bylaw
→ Article 4: Allocating Units
→ Article 5: Internal Waiting List
Occupancy Bylaw
→ Article 9.3: Occupancy Standards

Alternating waiting lists
How alternating between the internal and external waiting lists works and what the bylaw says.

Final reminder:

If you’re thinking about relocating, make sure your form is up to date.
Accurate information helps ensure that:
– You don’t miss an offer
– You don’t receive offers for units you no longer want or qualify for
– You avoid unnecessary refusals

Alternating between internal and external waiting lists – unit allocation

Woodsworth alternates between waiting lists for units of the same size.

This is based on the Membership: Membership: Member Approval and Unit Allocation Bylaw Article 4.1].

Management must follow the bylaw when units become available.

1.  Woodsworth has two waiting lists – internal and external.

Explainers

Internal:

For information about how the internal waiting list works, see Relocation, the internal waiting list and unit allocation

External:

For information about the external waiting list, see External Waiting Lists and moving into Woodsworth

Priority internal waiting list:

The priority internal waiting list is separate and is not part of the rotation but relates to human rights and accommodation.  See Priority waiting list 
See also 2 (f).

2.  How alternating works

(a)  The co-operative will fill vacancies alternately from the internal and external waiting lists unless there is someone with established special priority for that sized unit. See Article 5.2.1 about priority list.

(b)  Alternation of waiting lists applies to all sized units: 1, 2. 3 and 4 bedroom units.

(c)  One (1) of each unit size will be filled from the internal waiting list and then the next available of that unit size will be filled from the external waiting list. Each unit size (bedroom) waiting list operates independently.

(d)  One bedroom units will be filled alternately between the one bedroom internal and external waiting lists.

Two bedroom units will be filled alternately between the two bedroom internal and external waiting lists.

Three bedroom units will be filled alternately between the three bedroom internal and external waiting lists.

Four bedroom units will be filled alternately between the four bedroom internal and external waiting lists

(e)  If no one on the appropriate waiting list is qualified for or accepts the available unit, the alternate waiting list for that size unit will be used.

(f)  Only moves from the regular internal and external waiting lists count for alternating between internal and external wait lists.
– A priority move doesn’t count as an internal move.
– Allocation of wheelchair adapted units does not count as an internal or external move.

3.  Membership Bylaw

To see this in context, visit the full Membership Bylaw – Member Approval and Unit Allocation bylaw #84.

 

Moving out, notice requirements, vacating the unit, and withdrawing from membership

1. Membership and Occupancy Are Linked

Under Article 10 of the Occupancy Bylaw, membership and occupancy rights are inseparable:

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

Once a member permanently moves out and their occupancy ends, they no longer retain any membership rights in the co-op.

2. Notice Requirements for Moving Out (Occupancy Bylaw, Article 10.2)

When All Members of a Household Are Leaving

All members who wish to end their membership and occupancy rights must provide written notice to the co-op.

The notice must:

  • Be in writing.
  • State the intended termination date.
  • Specify a termination date that falls on the last day of a month.
  • Be provided at least 60 days in advance.

February and March Exceptions

Special notice deadlines apply:

  • For a termination date of February 28 (or 29), notice must be given on or before January 1.
  • For a termination date of March 31, notice must be given on or before February 1.

If Insufficient Notice Is Given

A termination notice remains valid even if less than the required notice is provided. In that case:

  • Membership and occupancy rights will end 60 days after notice is received.
  • If that date is not the last day of a month, termination will occur on the last day of that month.

Withdrawal of Notice

Members cannot withdraw a notice of termination without the written consent of the Board of Directors. The Board may refuse consent, and that decision cannot be appealed.

3. Vacating the Unit

Moving Out Before the Termination Date

If everyone in the household leaves before the termination date:

  • The co-op may take possession of the unit immediately.
  • Members and occupants cannot move back in.
  • Membership and occupancy rights end when the co-op takes possession.
  • Members remain responsible for housing charges until the original termination date.


Failure to Vacate

If the household remains in the unit after the termination date, the co-op may seek a court eviction order. The normal eviction procedures in Articles 11–15 do not apply.

Vacant or Abandoned Units

If a unit is vacant or abandoned, the co-op may take possession of the unit or begin legal proceedings. Membership and occupancy rights end on the date possession is taken.

4. When Only Some Household Members Move Out

This section applies when one or more members leave but other co-op members continue living in the unit.

The departing members should provide notice following the procedures above.

If no notice is provided:

  • The departing member’s membership and occupancy rights end on the first day they no longer occupy the unit as their principal residence.

The remaining members must notify the co-op in writing within ten (10) days whenever:

  • A member moves out; or
  • A long-term guest or non-member occupant ceases to occupy the unit as their principal residence.

This notification is required whether or not the departing person provides notice.

Housing Charge Subsidy

Where a household receives a housing charge subsidy, subsidy eligibility may be affected when a household member leaves. Members should consult the Housing Charge Subsidy Bylaw Article 4.4 and applicable government requirements for details.

Long-term guest (LTG) leaves

When a long-term guest leaves: The members staying in the unit must notify the co-op within ten days, whether or not the guest gives notice.

5. Death of a Member (Occupancy Bylaw, Article 10.4)

Membership and Occupancy Rights

A deceased member’s membership and occupancy rights end on the date of death.

Where No Other Members Occupy the Unit

If no other members live in the unit:

  • The member’s estate is responsible for housing charges for the month of death and the following month.
  • The estate must remove all belongings by the end of that period unless another arrangement is made with the co-op.
  • If possessions are not removed on time, the co-op may remove and dispose of them without liability.


Where Other Members Occupy the Unit

If other members remain in the unit, they must notify the co-op in writing of the member’s death.

Approved Long-Term Guests

An approved long-term guest may apply for membership if:

  • The guest occupied the unit at the time of the member’s death;
  • The guest’s occupancy had previously been approved by the Board; and
  • No other member occupied the unit at the time of death.

If accepted as a member, the guest may remain in the unit subject to applicable occupancy requirements. If the guest does not apply or the application is denied, the Board may require the guest to leave without following the eviction procedures in Articles 11–15.

6. Member Rights After Moving Out

Once membership and occupancy rights end, former members:

  • Have no right to occupy their former unit.
  • Have no right to occupy any other unit in the co-op.
  • Have no right to remain on or join internal relocation waiting lists.
  • Will be removed from any existing internal waiting lists.

Former members may apply to become members again in the future under the Returning Member provisions of the Membership Bylaw.

Members who anticipate reapplying in the future should retain documentation demonstrating that they lived in Woodsworth for at least two years.

7. Last Month’s Housing Charge Deposit and Maintenance Deposit

Article 3.5 of the Occupancy Bylaw governs the treatment of deposits when members leave the co-op.

Last Month’s Housing Charge Deposit

The last month’s housing charge deposit may be applied to the member’s final month of occupancy if:

  • Proper notice has been provided in accordance with the Occupancy Bylaw; and
  • The member does not owe any money to the co-op.

If money is owed, the co-op may apply the deposit toward outstanding amounts.

Maintenance Deposit

The maintenance deposit is returned when the member and their household permanently leave the co-op.

Before returning the deposit, the co-op may deduct amounts owed because:

  • Insufficient notice was provided;
  • The unit was not left in the condition required by the co-op’s bylaws;
  • The member owes money to the co-op; or
  • The member failed to pay their final housing charges.

Interest

The co-op does not pay interest on either the last month’s housing charge deposit or the maintenance deposit.

8. Move-Out Standards

Members must leave their unit clean and in good condition when moving out.

The Move-Out Bylaw outlines:

  • Expected unit condition upon move-out;
  • Inspection procedures;
  • Reports identifying any required repairs or deficiencies.

Members will not be charged for normal wear and tear.

9. Temporary Absences and Sublets

Moving out permanently is different from a temporary absence or approved sub-occupancy (sublet).

Members may sublet their unit for a period of time.

Use Woodsworth’s form to request a sub-occupancy of your unit. It must be completed and given to Management. The Board must approve the sub-occupancy and its duration. 

After approval, 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. (Occupancy Bylaw, Schedule C)

For more information, see the Occupancy Bylaw, section 8.6.

Members wishing to sublet their unit must:

  • Submit Woodsworth’s sub-occupancy request form to Management;
  • Obtain Board approval for any sub-occupancy exceeding one month;
  • Sign a Sub-Occupancy Agreement before the sublet begins.

Sub-occupancies are normally limited to three months, although the Board may approve a longer period of up to one year.

Members may not profit directly or indirectly from a sub-occupancy arrangement.

For full details, see Occupancy Bylaw Article 8.6 and Schedule C.

10. Moving Within Woodsworth

The information in this document applies to members who are permanently leaving Woodsworth Co-op.

If you are relocating to another unit within Woodsworth, different bylaw provisions apply for some topics.  Please consult the relocation policies and applicable sections of the Occupancy Bylaw.

Resource:

Relocations and moves