Category: By-law Committee
Subtopic in Committees
Upcoming Bylaw Amendments – an FAQ from the Co-op Housing Federation of Canada (CHFC)
As the FAQ says, Ontario government made changes in October 2023 to the Co-op Act which applies to Woodsworth and other housing co-ops. The Co-op Housing Federation of Canada prepared model bylaws and an FAQ with key points.
Note that the FAQ refers to Board elections, but the Bylaw and Election Committees have enhanced the model to work for our other elections as well. We hope that the Board can bring the Organizational Bylaw amendment about elections to the first general members’ meeting (GMM) so that the Election Committee can develop procedures for this year’s elections.
Why do we need to change the Organizational By-law?
The Co-operative Corporations Act was amended starting October 1, 2023. Co-op by-laws need to be updated to reflect the changes in the law.
What are the main changes in the Co-operative Corporations Act?
Subject to the co-op’s by-laws,
- Co-ops can hold electronic members’ meetings.
- Members can vote for directors in advance of the election meeting.
- Members can give some legal notices to the co-op electronically.
- The co-op can give some legal notices to members electronically.
- Co-op boards can pass motions by signature without a meeting.
Is this related to the COVID-19 emergency?
Yes. Co-ops adopted some electronic practices during the pandemic. These were allowed by a temporary addition to the Co-operative Corporations Act. That addition expired on September 30, 2023. The amendments to the Act started at the same time.
What by-laws do we need to change?
The Organizational By-law and the Occupancy By-law.
ELECTING DIRECTORS
What is the main change in the By-laws?
The main change is how directors are elected. The new Models say that directors will be elected in the same way as MP’s, MPP’s and municipal councillors. Nominations will be submitted by a specified date. Each member can go to the co-op office or another place and mark their ballot and put it in a ballot box.
At the election meeting members who have not voted can put their ballots in the ballot box. The votes will then be counted and results announced.
What are the advantages of the new system?
Advance balloting allows members to vote if they can’t get to the meeting because of illness, because they are at work or for other reasons. The Human Rights Commission has said that members have a right to vote even if they cannot come to the meeting because of disability.
What about nominations from the floor?
This system does not permit nominations from the floor. People have to think in advance about whether they want to nominate someone or run themselves. They fill in a simple form to get on the ballot.
How do | get to know the candidates?
The by-law does not deal with this. The co-op can organize information meetings, written materials, and other ways to introduce the candidates.
Does our co-op have to adopt this system?
Each co-op must have a system for advance voting. The Co-op Act amendments say that members can vote on or before a members’ meeting. There is no statement that the by-laws can override this right.
BOARD OF DIRECTORS
Is there any change about telephone meetings of directors?
Yes. Before the new Act all directors had to consent. Now electronic meetings can be called even if one director objects. Also, they can be by any electronic equipment.
What about decisions outside of a formal meeting?
The board can now pass a motion or resolution with the signature of all directors—even if there is no meeting.
Does the Occupancy By-law need changes?
Yes. Directors, members and their lawyers can attend Notice to Appear meetings electronically. This may enable members to get less expensive legal advice.
Do we have to change the Notice to Appear forms?
The Electronic Occupancy By-law Amendment includes changes to the forms to give details about how to connect.
Do we have to pass an Organizational By-law amendment or new Organizational By-law in addition to the Occupancy By-law amendment?
Yes. Electronic Occupancy By-law Amendment depends on changes in every co-op’s Organizational By-law.
DRAFT: Amendment to Occupancy By-law #82
ARCHIVED
This item was withdrawn by the Bylaw Committee from the agenda of the General Members Meeting (GMM) on May 15, 2024.
More consultation with members and the Board is necessary before this topic is brought back to the members with a new proposal.
The purpose of this draft bylaw is to amend Article 3.5 Last Month’s Housing Charge Deposit and Maintenance Deposit in Occupancy Bylaw 82.
Bylaw 86 amending occupancy bylaw 82 revOrganizational Bylaw #83 – what the bylaw covers
The Bylaw Committee is very pleased that members at the general members’ meeting on May 3, 2023 approved the Organizational Bylaw by a two-thirds majority vote.
Some previous bylaws and policies were updated by the bylaw and included as part of the new bylaw.
If you are looking for:
– The Conflict of Interest By-law, see article 19.
– The Confidentiality Policy , see articles 20 – 23.
– Committee Vacancies and By-election Policy, see articles 12.3 Vacancies on the Board and 17.3 (d) for committees
– The Rules of Order, see Schedule A of this bylaw
– Staffing, see article 16
– Investments, see article 243.
The Organizational Bylaw is on the co-op website.
Additionally there are two copies in green Woodsworth binders in the Photocopy Room. You can refer to the bylaws there or use your monthly allowance to photocopy all or part of the bylaw.
Moving into and around Woodsworth: a guide to bylaws and policies
Updated: 2023-11-02
This only applies to those who are members of Woodsworth and are allowed to move into or relocate in Woodsworth, based on the Occupancy and Membership Bylaws.
Woodsworth has a number of bylaws and policies that outline the unit maintenance responsibilities of the co-operative and the members. There may be conflicting rules. Bylaws have precedence over policies. The Board can review queries and inconsistencies.
The by-laws and policies tell you what you can expect:
- when you move into a unit (unit condition),
- what changes you can make or are responsible for when you are living here, and
- how to make improvements including painting,
- what you are responsible for when you move out of Woodsworth or relocate to a different unit within the co-op. These apply whether you are making an internal move or moving into Woodsworth for the first time.
- how you apply for a unit or to relocate.
Applying to relocate or request a unit in Woodsworth
There are detailed rules about allocation units and about members’ requests for relocations in the Membership Bylaw #84. For a summary, see Summary of unit allocation rules, based on Membership Bylaw #84
Please note that our external waiting list is closed. We will advertise through CHFT when it opens.
The following refer to the maintenance / physical plant.
Section 3. Unit Maintenance:
Painting and wallpapering – see also Wall Covering and Paint Policy and Move-Out By-law #41
– Windows
– Floor coverings – see also Floor Covering Policy
– Appliances
Section 6. Improvements by members
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.
– and see also Maintenance Renovation By-law #35
Section 7. Move-outs and Move-ins – see also Move-Out By-law #41
(b) Move-Ins
i) 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.
Section 8. Inspections
In the Preamble:
- 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.
Section 1. Inspections
– 1.5 Any agreements between in-coming and out-going members must be documented in writing and a copy filed with the Co-op office.
Section 2. Floor and wall covering – see also:
Floor Covering policy and Wall Covering & Paint Policy (linked below)
Section 3. Renovations by the member
Sections 4 & 5 – Payment for damages, including partial payment
Section 6. Responsibilities of the co-op (to be charged outgoing member)
Section 7. Expectations of in-coming members (moving in)
The Co-op cannot restore a unit to its original condition, or guarantee a relocating member that their new unit will be in as good condition as the one which they are vacating.
-7.2 and 7.4 major deficiencies
Maintenance Renovation Bylaw #35
Part A
About permanent approved renovations
– 4. Renovations approved by the Co-op as permanent Renovations and undertaken by a member remain the permanent property of the Co-op unless other arrangements were made at the time of the approval.
– 7. Upon termination of Occupancy, no compensation will be given for any renovation.
Part C: Types of Renovations
1. Permanent Approved Renovations
These renovations become a permanent part of the unit and the property of the Co-op. They will not be restored to previous condition for subsequent in-coming members. However, they must be well done and inspected by staff.
2. Temporary renovations
3. Bonded temporary renovations
Part D:
Specific types of renovations, such as electric, air conditioner, plumbing, dishwashers, removal of fixtures, basements, a list of some previously approved renovations.
– The section on air conditioning for the mid-rise does not reflect the new window installation over the past few years. Please consult Management.
Rules about wall-to-wall carpeting – installation, who owns it, etc. Approvals needed for changing co-op installed carpeting or tiling.
Wallpaper policies including type, moving. Painting including information about ordering paint from the office (paint ordering procedure) and paint order form.
Please note that individual units may have changed somewhat. Kitchens in some units have been remodelled. For example, some 3-bedroom mews units now have an open plan second floor, not an enclosed kitchen. Floorplans do not reflect these changes.
Section 3.5 (e) says that before returning the maintenance deposit, the co-op can deduct any amount which the member owes because the unit was not left in the condition required under the co-op by-laws.
Section 5 Members Units includes maintenance and repair, privacy, damage by fire.