Eviction
The Board of Directors can evict a Member if the Member owes housing charges to the Co-op.
 
Non-Payment and Late Payment
This section states procedures to ensure that Members’ arrears are dealt with quickly and fairly. The Board of Directors can change these procedures if it decides that other procedures would be better. A Notice to Appear can be issued without following the procedures in this section.
 
a) The Manager will send a late payment letter to each Member who did not pay housing charges in full or arrange an arrears payment agreement by noon on the first business day of the month. Only one letter needs to be sent for all Members and others in a unit. 
b) The Manager will give a Notice to Appear to each Member who has not paid housing charges in full or has not arranged an arrears payment agreement. This will normally be done by noon on the fifth business day of the month. 
c) Late payment includes 

• failure to pay the full amount owing, and

• a failed payment as described in section 11.3(a) Failed Payment.

 
Late payment of housing charges three times in any year will be considered persistent late payment. The Manager will give a Notice to Appear under Article 12 Dealing with Problems to each Member who is late paying for the third time in any year. That Notice to Appear will be in addition to a Notice to Appear for arrears under this section.
 
d) If for legitimate reasons of financial hardship, a Member cannot pay housing charges by noon on the first business day of the month, the Member must let the Manager know before the first business day of the month.  The Manager may decide if the reasons are legitimate. In that case, an arrears payment agreement may be arranged by the Manager if permitted under section 11.6 (Arrears Payment Agreements) or a request for an arrears payment agreement may be submitted to the Board of Directors.

 Replacement Payment
a) A “failed payment” includes: 

• a cheque is returned to the Co-op by the bank or financial institution

• payment is not made to the Co-op under a pre-authorized debit plan, pre-authorized payment plan or other pre-authorized plan.

 
In case of a cheque this could happen because the cheque is marked NSF (not sufficient funds), Stop Payment, Account Closed or for any reasons. The same reasons and other reasons could apply in the case of a pre-authorized plan. The reason does not matter if the funds are not paid or credited to the Co-op.
 
A Member must replace a failed payment within two (2) business days of being notified by the Co-op. Only one notice needs to be given for all Members and others in a unit. A failed payment must be replaced by a certified cheque or money order.
 
b) If the Member does not replace the failed payment within two days of being notified, the Manager will give a Notice to Appear to the Member. 
c) If the Members in a household have two failed payments within a year, then for the next year the Members must pay housing charges by certified cheque, money order or debit card, if available at the Co-op. The Co-op will not accept payment in any other form. 

Late Payment and Failed Payment Charges

• A Member that does not pay the full housing charges by noon on the first business day of the month and has not arranged an arrears payment agreement will be charged a late payment charge of $25.00. The Members can change this amount at a Members’ general meeting.

 
A Member will pay an administrative fee of $20.00 in addition to the late payment charge. This amount may be increased by the Members at a Members’ meeting.
 
Members who do not pay their late payment charges and failed payment charges (as well as other amounts owing to the Co-op) will be considered in arrears.

Directors in Arrears
a) A Director must not owe any money to the Co-op other than future payments for a Member deposit. A Director must have a signed payment agreement for these payments. 
b) Members may not be elected or appointed as Directors if during the preceding 12 months they have failed to pay all housing and other charges owing to the Co-op on time and in full. 
c) If a Director is in arrears the Manager will notify the Director in writing of this within two days after the arrears occurred, or the Director was elected or appointed.  The Manager will report this to the Board of Directors at the next Board meeting if the arrears are not paid in full by that time. In this case the Director will automatically cease to be a Member of the Board at the beginning of the meeting. 
d) If there is any dispute about whether there are arrears, the Director must state it in writing and deliver it to the Manager before the next Board meeting. In that case the Director will still be on the Board at the beginning of the meeting and can explain the dispute. The Board will decide the dispute. The Board decision is final. If the Board decides the Director is in arrears, then the Director will automatically cease to be a Member of the Board as soon as the decision is made. If the Board does not make a decision, the Director will automatically cease to be a Member of the Board at the end of the meeting. 
e) Directors can sign arrears payment agreements like other Members, but they will cease to be Directors when they sign an arrears payment agreement. This does not apply to Member deposit payment agreements. 
Arrears Payment Agreements
a) This Article applies to arrears payment agreements made with a Member before a Notice to Appear has been issued. If a Notice to Appear has been issued and has not been decided by the Board of Directors, or an eviction decision has been made and is still outstanding, any agreement will be governed by Article 14 Alternatives or Article 16 Legal Action. 
b) The Manager has the authority to approve the first request from a household for an arrears payment agreement made in a year as long as the agreement provides for full payment within 60 days in addition to the normal housing charges within that time. 
c) Approval by the Board of Directors is required: 

• for additional requests for an arrears payment agreement within a year

 

• for an arrears payment agreement where full payment will not be made within 60 days in addition to the normal housing charges within that time.

 
d) If a Member requests an additional arrears payment agreement within a year, the Manager will submit the request to the Board of Directors along with payment terms that the Member suggests. If the Member goes into arrears, or deeper into arrears, before the Board considers the request and section 11.2(b) Notice to Appear applies, the Manager will issue a Notice to Appear in addition to submitting the request. 
e) If a Member does not make the payments stated in an arrears payment agreement, the Manager will give each Co-op Member in the household a Notice to Appear. 

Notice to Appear for Arrears
a) A Notice to Appear for arrears must contain the information in Schedule D attached to this by-law. It must be given at least ten days before the Board meeting where it will be considered.
b) The proposed termination date in the Notice to Appear will be ten days after the Board meeting or later.