At its August 19, 2020 meeting, the board approved a Guideline for Prohibited Conduct.
The Board took this step because the board is sometimes faced with instances of problematic conduct. Since eviction isn’t appropriate in many of these circumstances, they felt Woodsworth needed other tools to address them.
The new guideline is based directly on two sections from CHFC’s version 2 of the model Occupancy Bylaw. Our own newly adopted Occupancy Bylaw was based on version 1 and didn’t include these two sections.
The guideline is an extension of the existing section 7.1 (prohibited conduct) in our bylaw. It specifically identifies behaviours which are prohibited in that section, such as harassment. It also provides a tool for the board to use in some of these circumstances: no trespass notices. We did not change CHFC’s wording. We simply took that section from the version 2 model bylaw and adopted it as a guideline.
Please note that the guideline is clear that criticism of the board and management is entirely permissible if it is made in a reasonable and constructive way.
By and large, Woodsworth members live cooperatively and treat each other with kindness and generosity. Unfortunately there are exceptions. The board approved the guideline because we needed a framework to address these exceptions.
GUIDELINE FOR PROHIBITED CONDUCT
Approved by the Board of Directors on August 19, 2020
The following two sections are from Version 2 of the CHFC Model Occupancy Bylaw. In the model bylaw, they are labeled 7.9 Criticism of Board and Staff and 7.10 No Trespass Notices.
I. Criticism of Board and Staff
Criticism of the job performance of the board of directors and staff is not harassment or a breach of section 7.1 (Prohibited Conduct) if it is made in a reasonable and constructive way. Examples of ways that are not reasonable or constructive include:
- making complaints or requests in a loud or threatening or pressing manner
- refusing to leave the co-op office or adjacent spaces when asked by staff
- making any kind of threat or taking any threatening action against directors or staff
- making personal statements about staff or directors
- making repeated complaints about things that are the same or similar
- sending repeated e-mails or voicemails about things that are the same or similar
- putting complaints on social media or in other public places
- sending complaints to persons outside the co-op in order to embarrass the board or staff.
II. No Trespass Notices
(a) Prohibited conduct or violence
The board of directors can issue a No Trespass Notice in order to prevent or control prohibited conduct or violence.
(b) Limits
A No Trespass Notice to a member, someone in a member’s household or a board-approved sub-occupant can forbid that person from being on parts of the co-op property other than the member’s unit and the access to the unit. A No Trespass Notice to anyone else can forbid that person from being on co-op property.
(c) Right to review
A member can ask the board of directors to reconsider a No Trespass Notice that affects the member or the member’s household, sub-occupants or guests. The request to reconsider has to be delivered to the co-op office within five days after delivery or posting of the No Trespass Notice. The request must be signed by all co-op members in the household. The member will be given at least ten days written notice of a board meeting for reconsideration. The member can be present and make submissions with or without a representative. The board’s decision will be final and cannot be appealed to the membership. The No Trespass Notice will remain in effect during the reconsideration process unless the board decides to suspend it.
(d) Additional reviews after one year
A member can ask the board of directors to reconsider a No Trespass Notice one year after it was issued or one year after the last requested review—whichever was later.
The request to reconsider must be signed by all co-op members in the household. The member will be given at least ten days written notice of a board meeting for reconsideration. The member can be present and make submissions with or without a representative. The board’s decision will be final and cannot be appealed to the membership. The No Trespass Notice will remain in effect during the reconsideration process unless the board decides to suspend it.
(e) Enforcing No Trespass Notice
The board of directors or co-op staff can take any appropriate action to enforce a No Trespass Notice. A member cannot invite or permit someone to be in the member’s unit or on any part of co-op property if it would be a breach of a No Trespass Notice.
Board of Directors