Occupancy Bylaw #82: about the rights and obligations of the co-op and members

A BY-LAW ABOUT THE RIGHTS AND OBLIGATIONS OF THE CO-OP AND THE MEMBERS, OCCUPANCY BY-LAW #82

Key items in the table of Contents. To read the bylaw, see the attached PDF

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

5.    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 unit)
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 (sub-let)
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

17.1. 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

18  Electronic Participation
18.1 Electronic Participation
18.2 Continuing a meeting on a Notice to Appear

Schedules and Attachments (forms)
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

Some forms are also on this website in Co-op Forms.

This related policy about Article 12 Dealing with Problems has been Approved by the Board of Directors:  Guideline for prohibited conduct Aug 2020


 


The full text of the Occupancy Bylaw #82

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Occupancy Bylaw #82 amended up to #88 Sept 2024 rev