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

Download the  PDF document to make the bylaw searchable with your browser or to save it to your device. The other option is to expand it to read it.

You may find searching the document with your browser easier.

Simply expand to read.

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

Having Trouble Paying Your Housing Charge?

If you are having trouble paying your housing charge due to a short term crisis, you may be able to get help to pay the money you owe and keep your housing.

The co-op has an emergency fund, administered by co-op staff. Ask in the office.

The City of Toronto and community agencies across the city operate a number of programs designed to help tenants threatened with eviction.

Don’t delay. If you owe money for rent, get assistance as soon as possible – don’t wait until the rental arrears have grown too large. And see the co-op management, consider downsizing, as well as try these resources.

Toronto Rent Bank

Residents may be eligible for an interest-free rental arrears or rental deposit loan if they:

  • Live in Toronto with legal status in Canada
  • Pay market rent for a rental unit covered by the Residential Tenancies Act (RTA)
  • Fall within the low-income household eligibility requirement
  • Are not currently in receipt of social assistance such as Ontario Works (OW) or Ontario Disability Support Program (ODSP) *
  • Can satisfy other Toronto Rent Bank Program requirements, as required
  • Loan repayments can be deferred for up to 12 months.

Please call 416-397-RENT (7368) for more information on how to apply. Operating hours are Monday to Friday, 8:30 a.m. to 4:30 p.m. Outside of operating hours, callers may leave a message and a representative will call back.

* Residents in receipt of social assistance should contact their Ontario Works or ODSP office as they may qualify for the Housing Stabilization Fund.

http://torontorentbank.ca/main.htm

Utilities – Energy Assistance Programs
http://www.nipost.org/energy-assistance-programs
For people having trouble paying for their electricity.
To find out about the Emergency Energy Fund, call: 416-924-2543  EXT. 223

Social Service Funds
There are a variety of funds available to help you meet needs. Check the website 211Toronto or telephone 211.

You should ask your OW or ODSP case-worker about these benefits and funds.

December 6 Fund
The YWCA December 6 Fund provides interest-free loans to women fleeing abuse. They help women establish themselves in safety. This website has a Cover Your Tracks link for privacy on the website.

https://www.ywcatoronto.org/ourprograms/supportservices/december6fundinterestfreeloans

Pay Direct
If you receive ODSB and find managing money a challenge, you can ask your worker about Pay Direct. This means that your housing charge would be paid to Woodsworth before you receive your payment.

Direct payments may be made to:
• Public or private landlord;
• Utility company; and/or
• Trust account pending the resolution of a landlord and tenant dispute.

Thank you to the pamphlet from Centre for Equality Rights in Accommodation (November 2010).

For more community resources, see our list of Neighbourhood Resources and the S4S Resources page.