ALTERNATIVES

Alternatives to Eviction
The Board of Directors can take steps to deal with issues without eviction. These could happen after a Notice to Appear was issued or without a Notice to Appear. Some examples are:

mediation, which could be paid for by the Co-op
limiting access by a Member or another person to the Co-op staff or office or other parts of Co-op property or requiring different ways of access
limiting or prohibiting access by non-residents to Co-op property
limiting contact between certain households or household Members
sending a warning letter
signing an arrears payment agreement
signing a performance agreement
having a conditional eviction decision.

Conditional Eviction Decisions
When a Notice to Appear is considered by the Board of Directors, the Board can decide to evict a Member, but also decide that the eviction will not go ahead if the Member meets conditions stated in the decision, such as that the Member does something or stops doing something as stated in the decision.

Performance Agreements
The Board of Directors can decide to sign a performance agreement in different situations. Examples include:

A condition under section 14.2 (Conditional Eviction Decisions) could be that the Member sign and comply with a performance agreement (including an arrears payment agreement).
The Board could decide not to pass an eviction decision if a performance agreement is signed.
The Board could decide to sign a performance agreement instead of issuing or considering a Notice to Appear.

Sample performance agreements are in Schedules J and K of this by-law.

Information That Can Be Disclosed

The Board of Directors must limit information about a performance agreement or conditional eviction decision that it gives to a Member who complained, and to others.
A performance agreement can state what can be told to others. If it does not state this, the Board of Directors can decide to disclose that there is a performance agreement but not personal information that led to the agreement. The Board may be able to disclose some of the details of the agreement that do not involve sensitive information.

For example, someone who complained can be told that there is a performance agreement that includes not playing the radio after 10.00 p.m., but not about other parts of the agreement that relate to medical treatment of the Member involved.

Non-Performance by Member
a) If a Member does not perform the conditions stated in a conditional eviction decision, the Board of Directors can decide to go ahead with the eviction. The Member is not entitled to notice of the Board meeting, but will be given at least ten days’ notice of the decision. It may not be appealed to the Membership.
b) If a Member does not comply with a performance agreement required by a conditional eviction decision, paragraph (a) applies. If the performance agreement was not required by a conditional eviction decision, the Board of Directors must issue a Notice to Appear if it wishes to consider eviction.
c) The Board can set a time limit for performing the conditions in an eviction decision or a performance agreement, but if the Board has not decided to go ahead with the eviction within six months after the original decision, the Board cannot proceed to evict without a new Notice to Appear. This must be given under Article 11 (Dealing with Arrears) or Article 12 (Dealing with Problems). The same procedure will be followed as if there had not been a conditional eviction decision or a performance agreement.

Authorization of Performance Agreements
All performance agreements must be authorized by the Board of Directors except as stated in section 11.6 (Arrears Payment Agreements). The Board can authorize the Manager or someone else to decide on a performance agreement and/or to approve the actual wording of a performance agreement.