Category: By-Laws & Policies

WOODSWORTH HOUSING CO-OPERATIVE

MOVE-OUT BY-LAW (No. 41)

Passed on October 5, 1995

See also:  Moving into and around Woodsworth, unit condition: a guide to by-laws and policies

This bylaw also covers some aspects of moving into Woodsworth.  See Article 7.

---

PREAMBLE
1. INSPECTIONS
2. FLOOR AND WALL-COVERING
3. RENOVATIONS
4. PARTIAL PAYMENT FOR DAMAGES
5. OTHER CHARGES
6. RESPONSIBILITIES OF THE CO-OP (to be charged to outgoing member)
7. EXPECTATIONS OF IN-COMING MEMBERS

BE IT ENACTED as By-law #41 of Woodsworth Housing Co-operative Inc. AS FOLLOWS:

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.

1. INSPECTIONS

1.1 Upon a member giving notice as specified by the By-laws of move-out, the member will be given notice of inspection, to be done within 15 days. This notice will specify that staff must be able to inspect flooring under carpets and walls behind large pieces of furniture.

1.2 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.

1.3 A follow-up inspection will be carried out by the Co-op just prior to move-out.

1.4 No refund of Maintenance Deposit will occur until after final inspection by staff and acceptance by new occupant. If there is any dispute related to condition of the unit on move-out, this must be settled, and all repairs completed (and costed) before any portion of the Maintenance Deposit will be returned.

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.

2. FLOOR AND WALL-COVERING

2.1 See the Co-op’s Floor-Covering Policy and Wall-Covering Policy.

2.2 Generally, the Co-op tries to refinish parquet floors at move-out time. However, if the floors have recently been refinished and are damaged beyond normal wear and tear, the out-going member may be charged a portion of the cost to refinish.

2.3 Co-op carpet that is seriously soiled will be cleaned and the expense billed to the out-going member. If carpet must be replaced due to soil or damage, the amount billed to the out-going member will be calculated as per section 4.1.

However, if the Co-op staff believes damage is normal wear and tear, or a stain is in an unobtrusive spot, the Co-op may decide not to replace the carpet.

2.4 It is the responsibility of the out-going member to carefully remove any carpet s/he has installed, unless the in-coming member agrees to assume that responsibility.

2.5 Sometimes the Co-op has installed new carpet or tile in all units but a member has declined to have the flooring installed, either because s/he prefers the old or because s/he has installed his/her own (with permission). In that case, it will be documented in the unit file, and an in-coming member may request that the new flooring be installed.

3. RENOVATIONS

3.1 Temporary – temporary renovations are those which the Co-op would normally expect to be returned to original condition such as removal of fixtures or cupboard doors. However, if the in-coming member agrees to accept the renovation, this must be documented and a copy of the agreement filed with the office. Acceptance of temporary renovations means that the in-coming member becomes responsible for returning the renovation to original condition upon move-out.

3.2 Permanent – permanent renovations must be approved by the Co-op before being done. They must also be completed before move-out or the Co-op will complete the renovation and bill the out-going member. Please see the Renovation Policy for details.

3.3 A renovation which has not been approved by the Co-op will be dealt with on a case-by-case basis. If it would have been approved if the member had requested permission, and it is well done, it may be left. If it is not well done or the in-coming member does not want that particular renovation, staff, or on appeal, the Maintenance Committee, may decide to have the unit returned to previous condition and bill the out-going member for the work. This decision must be made as expeditiously as possible, in order not to hold up the return of the Maintenance Deposit cheque unnecessarily.

3.4 Members who have received permission to renovate but have not completed the work may be charged for completion of the renovation, depending on how livable staff feels the room is. These will be decided on a case by case basis.

3.5 Any of the insulated air conditioning panels which have been removed to install an air conditioner must be replaced.

4. PARTIAL PAYMENT FOR DAMAGES

Often a small area of damage becomes very expensive to fix, due to the fact that a much larger area must be replaced – e.g. a small burn on a counter means that the whole counter must be replaced because of matching. However, these things are not new, therefore the Co-op recognizes normal wear and tear. The following formulae will generally be applied:

4.1 Carpet – % of remaining life (based on 15 years) x % of area damaged x cost of replacement. (Minimum of 2 sq. ft. or 3.7 sq. m.)

4.2 Counter – 1/2 cost of replacing section of counter actually damaged.

4.3 Parquet (if less than 5 years since last refinishing) – based on the proportion of floor damaged.

5. OTHER CHARGES

5.1 If staff feels that a unit needs to be cleaned prior to a new member moving in, this will be done and the expense billed to the out-going member. (may be staff time or a cleaning service).

5.2 If painting/wallpaper have not been done according to policy staff will assist the in-coming member in dealing with the problem in whatever way seems appropriate. The labour will probably have to be done by the in-coming member, but any expenses, such as extra paint, may be charged to the out-going member.

6. RESPONSIBILITIES OF THE CO-OP (to be charged to outgoing member)

6.1 Major repairs to walls, floors, ceilings

6.2 Major cleaning

6.3 Painting if previously not done according to policy, and if not easily done by member. (e.g., if wall painted navy blue and it will take several coats to cover, then staff will apply 1 – 2 base coats of white)

6.4 Replacement of fixtures (screens, doorknobs, light fixtures, etc.)

7. EXPECTATIONS OF IN-COMING MEMBERS

7.1 When an in-coming (or relocating) member accepts a unit, s/he is also contracting with the Co-op to a definite non-negotiable moving date that is set at the time of unit acceptance.

7.2 The Co-operative will make every effort to remedy major deficiencies in the unit before move-in date. However, any delays (other than refinishing floors) will not change the moving dates. Therefore, when a member accepts a unit they accept the possibility of living in it “as is”. 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.

7.3 Relocating or new in-coming members will have the opportunity to fully inspect the unit they are being offered and will be informed by staff of any known deficiencies prior to acceptance of the unit and payment of any fees.

7.4 If there are major deficiencies (such as floor refinishing, fumigation, structural repairs) staff will schedule sufficient time to do work on the unit. During this time the in-coming member will not have access for painting, storage, etc.

7.5 Should the in-coming member wish additional vacancy time for redecorating, etc., s/he will be responsible for the additional vacancy loss.

7.6 Repainting and removal of wallpaper – provided it was previously done according to policy – are the responsibility of the in-coming member. This includes filling small nail holes in wall.

7.7 The Co-op will not replace baseboards.

7.8 Decisions about whether floors will be refinished will be made by staff based on their assessment of the condition of the floor and taking the budget into account.

7.9 The co-op will change the lock cylinder on the entrance door to the co-op unit as soon as possible after move out.

7.10 Any decision by staff under this policy is subject to appeal to the Board of Directors. Any such appeal will be dealt with as expeditiously as possible.

Consolidated up to April 2010 and adopted by the members on September 30, 2010.

---

WOODSWORTH HOUSING COOPERATIVE, INC.

THE MAINTENANCE BY-LAW (No. 21)

Adopted 5 September 1979; renumbered from Schedule C of By-law #2 by By-law #18, 22 March 1990; amended by By-law #27, 19 September 1991; amended by By-law #36, 3 April 1995; consolidated September 2006; amended by By-law #63, 8 May, 2008; amended by By-law #64, 8 May, 2008; amended by By-law #66, 29 Sept 2009;
amended by By-law #68, 29 Sept 2009. Consolidated up to April 2010 and adopted by the members on September 30, 2010.

Intro
1. Fees
2. Common Area Maintenance – Interior and Exterior
3. Unit Maintenance
(a) Painting and Wallpapering
(b) Windows
(c) Floor Coverings
(d) Appliances
(e) Plumbing
(f) Electrical
(g) Heating
4. Exterior Private Areas
(a) Yards
(b) Fences
(c) Front Entrance
5. Health And Safety
(a) Garbage
(b) Hazards
(c) Pest Control
6. Improvements By Members
7. Move-Outs And Move-Ins
(a) Move-outs
(b) Move-Ins
8. Inspections

Each member of the Co-op is responsible for the maintenance and care of Co-op property. This policy is intended to outline such proper care, while stating the responsibilities of both the Co-op and the individual member in keeping the units and property a pleasant place to live.

1. Fees

(a) Wherever mentioned in this schedule, a fee shall consist of a charge equal to the cost price of materials plus a charge for the cost of labour.

(b) The Co-op, at its discretion, may waive or reduce fees or repair requirements where the personal situation of a member so warrants (e.g. financial hardship, poor health, physical handicap, etc.)

(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.

(d) A lockout charge for opening units outside office hours may be levied.

(e) A maintenance Deposit will be paid by all members. The amount of this deposit will be set by the Members.

(f) There will be a fine for unauthorized alterations to units, and the member may be required to return the unit to its previous state or pay the cost of doing so.

2. Common Area Maintenance – Interior and Exterior

(a) The Co-op is responsible for regular maintenance and periodic redecoration of all interior common areas (e.g. apartment building lobby, corridors and hallways, elevators, stairways, laundry rooms, etc.)

(b) The Co-op is responsible for maintaining and servicing all common mechanical systems and equipment (e.g. elevators, laundry room appliances, domestic hot water systems, main electrical panels and switch gear, etc.).

(c) The Co-op is responsible for regular testing of all safety systems.

(d) The Co-op will have the garbage room and garbage chutes sprayed regularly for pests.

(e) The Co-op will maintain the notice boards.

(f) The Co-op will regularly inspect and maintain all exterior common areas (e.g. outside drains, wails, roofs).

(g) The Co-op is responsible for all exterior painting.

(h) The Co-op is responsible for removal of snow from city sidewalks, the apartment building entrance area and all common walkways.

(i) The Co-op is responsible for gardening and grounds-keeping in common areas.

(j) The Co-op is responsible for all exterior window cleaning.

 3. Unit Maintenance

(a) Painting and Wallpapering

i) Members must follow the rules outlined in the Paint and Paper Policy when painting or wallpapering.

ii) Members are responsible for painting their own units. The Co-op will cover the cost of sufficient paint to repaint according to the Paint Policy. Where a member is physically unable to carry out the painting, the Co-op may provide assistance.

 (b) Windows

 i) The Co-op will replace all broken windows and torn screens. The member may be required to pay the cost.

(c) Floor Coverings

See also:  Floor Covering Policy

i) The Co-op is responsible for maintaining the urethane finish on hardwood floors.

 ii) Carpets installed by members must be installed in such a way as not to cause permanent damage.

 iii) Carpeting installed by the Co-op will be replaced by the Co-op when worn.

 (d) Appliances

 i) Appliances and their accessories that are the property of the Co-op may only be replaced by the member with written permission from the Co-op.

 ii) The Co-op will maintain the appliances which are the property of the Co-op in working order.

 (e) Plumbing

 i) Members must report leaks or other problems to the Co-op as soon as detected. The Co-op will carry out all plumbing repairs.

 ii) lf a clogged toilet cannot be fixed with a plunger, the member must contact the Co-op.

 iii) Winter draining and turning off of the exterior faucets in the townhouses is the responsibility of the member.

 (f) Electrical

 i) Prior approval for alterations or additions to electrical circuits must be obtained from the Co-op.

ii) Repairs to the unit electrical system will be carried out by the Co-op.

(g) Heating

i) Gas furnaces and domestic hot water tanks (in the townhouses) will be maintained by the Co op.

ii) The electric heating system in the apartments will be maintained by the Co-op.

4. Exterior Private Areas

(a) Yards

i) Members are responsible for reasonable maintenance of their yards.

ii) Members may not keep livestock in yards or allow refuse to accumulate in yards.

iii) Back gates must remain accessible to allow for entry by utility meter readers.

(b) Fences

 i) Painting and staining of fences, gates, and outside wooden steps may be done only by the Co-op in order to maintain a uniform appearance. The cost will be borne by the Co-op.

 ii)  The Co-op will repair damaged fences. A fee will be charged if damaged by neglect or abuse.

(c) Front Entrance

i) Members in the townhouses and midrise ground floor apartments are responsible for the maintenance of the front entrance area, including snow removal and removal of rubbish. Each front entrance area extends from the exterior wall of the unit up to and including the City sidewalk in front of the unit. Units that share the same front walkway are mutually responsible for the City sidewalk that extends along the frontage of their townhouse stack. The front of each unit and City sidewalks shall be maintained in accordance with City of Toronto By-laws and/or guidelines.

 5. Health And Safety

(a) Garbage

 i) Garbage must be disposed of according to the Household recycling, organic wastes and garbage policy.

(b) Hazards

i) Members must not store flammable materials in their units (e.g. gasoline, oil, large quantities of paint).

 ii) Members must not permit anything to block fire exits, stairs, and corridors, or public thoroughfares.

iii) Smoke detectors must not be disconnected or painted.

(c) Pest Control

i) In the event of a serious bug problem in a building, the Co-op will have the right to order the spraying of the whole building.

ii) Should members be incapable of preparing for the spraying, the Co-op will provide assistance. A fee may be charged.

 6. Improvements By Members

See also: Maintenance Renovation Bylaw

(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.

 7. Move-Outs And Move-Ins

See also:  Move-out Bylaw

(a) Move-outs

i) Upon a member giving notice of move-out, as specified by the By-laws, an inspection of that member’s unit will be carried out by the Co-op within fifteen (15) days.

ii) 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.

iii) 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.

iv) Money on deposit will not be refunded until after the Co-op has received vacant possession of the unit.

v) The deposit may be applied against the cost of repairs or heavy cleaning if required.

 (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.

ii) The Co-op is responsible for supplying paint for any approved repainting. The painting must comply with the Painting and Wallpapering Policy, as well as Section 3 UNIT MAINTENANCE, subsection (a) Painting and Wallpapering.

 8. Inspections

(a) Each unit will be inspected regularly by the Co-op, as per the Inspections Policy.

 (b) The Co-op will be responsible for giving two weeks’ advance notice of the inspection. The member will be notified of the date(s) of the inspection and that the inspector(s) will enter their unit between the hours of 9:00 a.m. and 5:00 p.m. of that day. In order to carry out the inspections expeditiously, the Coop cannot specify the exact hour between 9:00 a.m. and 5:00 p.m. that the inspection will be done in any particular unit.

Consolidated up to April 2010 and adopted by the members on September 30, 2010.

---

See this guide about bylaws and policies relating to unit condition:  Moving into and around Woodsworth