Occupancy Bylaw:
A By-law about the rights and obligations of the co-op and the members
By-law No. 82
Passed by the Board of Directors on May 29, 2019 and June 26, 2019
Confirmed by the members on June 26, 2019 by a 2/3 majority
Article 6.2 on principal residence
Confirmed by members at a GMM on September 26, 2023 by a 2/3 majority
Amended by Occupancy Amending bylaw on electronic participation #88
Approved by the Board of Directors September 17, 2024
Confirmed by the members on October 16, 2024 by a 2/3 majority
Table of Contents
1. About This By-Law
1.1 Introduction
1.2. Priority of this By-law
1.3. Repeals
1.4. Laws about Occupancy
1.5. Occupancy Agreement
1.6. Special Meanings
1.7. Summary of Time Requirements
2. Members’ Rights
2.1 Use of a Unit and the Co-op’s Facilities
3. Members’ Contributions
3.1 Housing Charges
3.2 Member Involvement
3.3 Payment of Housing Charges
3.4. Other Charges
3.5. Last Month’s Housing Charge Deposit and Maintenance Deposit
3.6 Housing Charges Are Per-Unit
3.7. Housing Charge Subsidy
4. Setting Housing Charges
4.1. The Members Set the Full Monthly Housing Charges
4.2. Annual Budgets
4.3. Notice of Proposed Budget
4.4. Changes in Housing Charges
4.5. Mid-year Change in Housing Charges
6. Members’ Units
5.1. Maintenance and Repair
5.2. Privacy (notice of entry)
5.3. Damage by Fire, etc.
5.4 Members’ Insurance
6. Use of Units
6.1 Residences
6.2. Principal Residence (absence from units)
6.3 Related Uses (home businesses)
6.4. No Transfer of Membership or Occupancy Rights
6.5. No Profit from Unit
6.6. Co-op’s Insurance
7. Behaviour
7.1. Prohibited Conduct
7.2. Human Rights
7.3. Violence
7.4. Domestic Violence
7.5. Return of Member
7.6. Explanations
7.7. Calling Police and Other Authorities
7. 8. Acts of Others
8. Members’ Households and Guests
8.1. Basic Requirements
8.2. Addition of a Member
8.3. Turning Sixteen (16)
8.4. Long-term Guests
8.5. Casual Guests
8.6. Sub-Occupancy and Absence from Unit (sublet)
8.7. Evicted Persons
9. Household Size
9.1. Purpose of Household Size Requirements
9.2. When Household Size Rules Apply (and don’t apply)
9.3. Occupancy standards
9.4. Not Meeting Minimum Household Size
9.5. Reporting Change in Household Size
9.6. Subsidized Households
10. How Members Withdraw from the Co-op
10.1. Membership and Occupancy are Linked
10.2. Ending Membership and Occupancy
10.3. Part of Household Ends Membership and Occupancy
10.4. Death of a Member
10.5. Vacant or Abandoned Unit
11. Dealing with Arrears
11.1. Eviction
11.2 Non-Payment and Late Payment
11.3. Replacement Payment
11.4. Late Payment and Failed Payment Charges
11.5. Directors in Arrears
11.6. Arrears Payment Agreements
11.7 Notice to Appear for Arrears or Persistent Late Payment
12. Dealing with Problems
12.1. Eviction
12.2. Notice to Appear
12.3. Deciding to Give a Notice to Appear
12.4. Limits of Action by Co-op
13. Eviction Procedures
13.1. Board Meeting on Notice to Appear
14. Alternatives When Dealing with Problems
14.1. Alternatives to Eviction
14.2. Conditional Eviction Decisions
14.3. Performance Agreements
14.4. Information to Others
14.5. Non-Performance by Member
14.6. Authorization of Performance Agreements
15. Appeals to Membership
15.1. When a Member Cannot Appeal
15.2. How to Appeal
15.3. Appeal Information
15.4. Procedure for Appeals at Members’ meetings
16. Legal Action
16.1. Enforcing Eviction Decisions
16.2. Membership Rights on Eviction
16.3. Interest
16.4. Rights Not Cancelled
16.5. Co-op Costs
17. Miscellaneous
17.1. Personal Information to Membership
17.2. Legal Actions by Members
17.3. External Complaints
17.4. Co-op Employees
17.5. Non-Member Units
17.6. Non-Members in a Member Unit
17.7. Proof
17.8. Serving Documents
17.9. Signing Schedules for Co-op
17.10 Minor Errors, Omissions or Irregularities
17.11. Starting Date for this By-law
18. Electronic Participation
18.1 Electronic participation
18.2 Continuing a meeting on a Notice to Appear
Schedules and Attachments
Schedule A: Occupancy Agreement
Appendix A: Member Charges
Appendix B: Household Members
Appendix C: Housing Charge Subsidy Terms and Agreement
Appendix D: Special Needs Unit Terms
Schedule B: Long-term Guest Agreement
Schedule C: Sub-Occupancy Agreement
Schedule D: Notice to Appear for Arrears
Schedule E: Notice to Appear
Schedule F: Board of Directors’ Eviction Decision for Arrears
Schedule G: Board of Directors’ Eviction Decision
Schedule H: Notice of Eviction Decision for Arrears
Schedule I: Notice of Eviction Decision
Schedule J: Performance Agreement Arrears
Schedule K: Performance Agreement
Attachment A: Summary of Time Requirements and Examples