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.

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Simply expand to read.

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

Racial Discrimination: from the Ontario Human Rights Commission

Submitted by the Board of Directors, July 6, 2022

The Board sometimes receives complaints about violations of our Human Rights Bylaw which is based on the Ontario’s Human Rights Code. We remind members that we must strive to live together free of discrimination, and that when the Board receives complaints, we must investigate. Below is an instructive article from the Human Rights Commission’s website.

Ontario’s Human Rights Code 

The Ontario Human Rights Code (the Code) provides for equal rights and opportunities, and freedom from discrimination.The Code recognizes the dignity and worth of every person in Ontario. It applies to the areas of employment, housing, facilities and services, contracts, and membership in unions, trade or vocational associations.

Under the Code, every person has the right to be free from racial discrimination and harassment. You should not be treated differently because of your race or other related grounds, such as your ancestry, colour, place of origin, ethnic origin, citizenship or creed. This applies to areas covered by the Code such as at work, at school, in rental housing, or in services. Services include places such as stores and malls, hotels and hospitals, recreation facilities and schools.

Racism and racial discrimination

In Canada, there are strong human rights laws and systems to address discrimination. At the same time, we also have a legacy of racism – particularly towards Aboriginal persons, but to other groups as well, includ ng African, Chinese, Japanese, South Asian, Jewish and Muslim Canadians. This legacy affects our systems and structures even today, affecting the lives of racialized persons and all people in Canada.

The Ontario Human Rights Commission describes communities facing racism as “racialized.” Race is a social construct. This means that society forms ideas of race based on geographic, historical, political, economic, social and cultural factors, as well as physical traits, even though none of these can be used to justify racial superiority or racial prejudice.

Racism is a broader experience and practice than racial discrimination. Racism is a belief that one group is superior to others. Racism can be openly displayed in racial jokes, slurs or hate crimes. It can also be more deeply rooted in attitudes, values and stereotypical beliefs. In some cases, people don’t even realize they have these beliefs. Instead, they are assumptions that have evolved over time and have become part of systems and institutions, and also associated with the dominant group’s power and privilege.

Racial discrimination is the illegal expression of racism. It includes any action, intentional or not, that has the effect of singling out persons based on their race, and imposing burdens on them and not on others, or withholding or limiting access to benefits available to other members of society, in areas covered by the Code. Race only needs to be one factor in a situation for racial discrimination to have occurred.

Racial harassment is a form of discrimination. It includes comments, jokes, name-calling, display of pictures or behaviour that insults you, offends you or puts you down because of your race and other related grounds.

Racial discrimination can often be very subtle, such as being assigned to less desirable jobs, or being denied mentoring and training. It might also mean facing different job standards than other workers, being denied an apartment because you appear to have Aboriginal ancestry, or facing unfair scrutiny from police while driving or from security staff at a shopping mall.

Systemic racial discrimination 

Racial discrimination can happen on an institutional – or systemic – level, from everyday rules and structures that are not consciously intended or designed to discriminate. Patterns of behaviour, policies or practices that are part of the structures of an organization or an entire sector can disadvantage or fail to reverse the ongoing impact and legacy of historical disadvantage of racialized persons.This means that even though you did not intend to, your “normal way of doing things” might be having a negative impact on racialized persons.

Identifying and addressing racial discrimination 

Organizations must take proactive steps to make sure they are not taking part in, condoning or allowing racial discrimination or harassment to happen.

An anti-racism program will also make it easier for organizations to promote equity and diversity goals, and it makes good business sense.

For more information 

The Ontario Human Rights Commission’s Policy and Guidelines on Racism and Racial Discrimination and other publications are available at www.ohrc.on.ca.

Woodsworth’s Human Rights By-law is available on the co-op website – www.woodsworthcoop.ca and in the By-law binder in the photocopy room on the 2nd floor.