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