​This by-law states the basic rules for the Co-op to provide housing for its Members and the basic rights and obligations of the Co-op and the Members.
Priority of This By-law
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• This by-law replaces all previous by-laws with the exception of the Organizational By-law #7, passed by the Membership on November 12, 2015,and with the Organizational By-law, governs over other Co-op by-laws  if there is a conflict.  By-laws passed after this by-law can amend or add to this by-law, but they have to specifically state this.

 

• Some parts of this by-law refer to other Co-op by-laws.  If the Co-op does not have the by-law referred to, the Board of Directors will decide on anything which would have been in the by-law. This does not apply if the Co-op has the by-law, but just uses a different name for it.

 

• No one can commit to anything dealing with occupancy rights on behalf of the Co-op unless authorized under this by-law.  Any unauthorized commitment is not effective.

Laws About Occupancy​

a) In addition to this by-law certain laws affect occupancy at the Co-op.  These include the following laws in addition to other government requirements.

• The Co-operative Corporations Act governs the coop. Parts of the Co-operative Corporations Act have important rules about occupancy that are not in this by-law

• The Residential Tenancies Act has rules about Co-op evictions that are not in this by-law.

• The Ontario Human Rights Code has important rules about housing that affect the Co-op.

b) If any of this by-law breaks any laws, the Board of Directors will pass by-law amendments to correct the situation and submit them to the Membership for approval.  This could happen if there are changes in the laws or new interpretations.

Occupancy Agreement
a) The Occupancy Agreement, Schedule A of this by-law is the standard form.  All Members must sign it when their Membership in the Co-op begins.  The Occupancy Agreement includes Appendices that have to be signed at the same time or later.
b) The Occupancy Agreement must be signed by all Co-op Members who will occupy the unit.

The Appendices must be signed by all Members and any non-Member occupants 16 years old or older.
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c) To meet government requirements, the Appendices to the Occupancy Agreement can be changed by the Board of Directors without amending this by-law.​
d) The Co-op and the Members must obey this by-law, including the Occupancy Agreement and Appendices, even if a particular Member has not signed an Occupancy Agreement or Appendix, or has signed an older version of the Occupancy Agreement or Appendix.​
e) Some by-laws and agreements only apply to certain Members. Both the Co-op and those Members must obey them. Examples are performance agreements and by-laws dealing with housing charge subsidy.

Special Meanings

a) A “business day” in this by-law means any day that is not a Saturday, Sunday or public holiday.
b) The Co-operative Corporations Act and the Residential Tenancies Act use words like “terminating Membership and occupancy rights” or “termination occupancy rights”.  In this by-law these are also referred to as words like “evicting the Member” or “eviction”.
c) “Government requirements” means the laws, regulations or agreements with government bodies that apply to Co-ops. This includes the ones stated in Section 1.3 (Laws About Occupancy).​
d) “Housing charge subsidy” in this by-law means geared-to-income subsidy provided by the Co-op, or any other subsidy for housing charges, or any income-based or similar reduction in housing charges provided by the Co-op.​
e) In this by-law “housing charges” means all charges that the Co-op makes to Members or that Members owe the Co-op.

• “Full monthly housing charges” means the housing charges calculated monthly before deducting or crediting any housing charge subsidy

• “Subsidized monthly housing charges” means the full monthly housing charges after deducting or crediting any housing charge subsidy, provided by the Co-op.

f) A “legal action” under this by-law includes an application to the Landlord and Tenant Board or to the courts.
g) In the by-law the Co-op “Manager” refers to the senior staff person.  That person could have a different job title. Also, in some cases the Board of Directors or Manager may authorize other staff Members to perform some of the Manager’s duties mentioned in this by-law.
h) A “performance agreement” includes an arrears payment agreement.​
i) “Staff” refers to employees of the Co-op and to property management companies and other contractors and their employees.​
j) When this by-law refers to a “year”, it means a consecutive twelve month period.  This is not necessarily a calendar year. The Co-op decides what twelve month period to use in each case.
k) “Subsidy” in this by-law refers to subsidy provided by the Co-op, and not to subsidy provided by any external organizations or government bodies.

Summary of Time Requirements
Attachment A at the end of this By-law is a summary of the time requirements for some actions by the Co-op as required under this by-law and the Co-operative Corporations Act.  In case of conflict the Co-operative Corporations Act and the by-law will govern over Attachment A.​