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MEMBERS WHO END THEIR OCCUPANCY
Membership and Occupancy are Linked
Members cannot withdraw from Membership without ending their occupancy rights. Members cannot end their occupancy rights without withdrawing from Membership. A notice to end occupancy is also a notice to withdraw from Membership and a notice to withdraw from Membership is also a notice to end occupancy rights.
Ending Membership and Occupancy
This section applies when all Members in a household wish to end Membership and occupancy rights. The procedure is based on the requirements of the Co-operative Corporations Act.
a) Each Member must give advance written notice of termination to the Co-op. The notice must state a termination date. The termination date must be the last day of a month. Membership and occupancy rights end on the termination date stated in the notice.
b) The amount of notice given must be at least 60 days. There is an exception if the termination date is the last day of February or March.
c) If the termination date is the last day of February, the notice must be given not later than January 1 of that year.
If the termination date is the last day of March, the notice can be given on or before February 1 of that year.
d) If a Member gives less than the required notice of termination, the termination will still be effective. The termination date will be 60 days after the notice is given. If that is not the last day of a month, the termination date will be the last day of that month.
e) Members cannot withdraw a notice of termination without the written consent of the Board of Directors. The Board can refuse to allow Members to withdraw a notice of termination. Members cannot appeal the Board decision.
f) If all persons in the household vacate the unit earlier than the termination date, the Co-op can take possession of the unit and the Members and other persons in the household are not entitled to move back in. Membership and occupancy rights end on the day the Co-op takes possession. The Members will owe housing charges that become due until the original termination date.
g) If all persons in the household do not vacate the unit on the termination date or earlier, the Co-op can take legal action for an eviction order. The procedures in Articles 11 to 15 relating to eviction do not apply.
Part of Household Ends Membership and Occupancy
This section applies if a Member stops occupying a unit as a principal residence, but one or more Co-op Members continue to occupy the unit. This could happen following domestic violence (see section 7.4) or because a Member moved out for any other reason.
a)The Member who is leaving should follow the procedure in section 10.2 (Ending Membership and Occupancy), as applicable.
b) If the procedure in section 10.2 is not followed by the Member who is leaving, that person’s Membership and occupancy rights end on the first day that person no longer occupies the unit as a principal residence.
c) The Members who continue to occupy the unit must notify the Co-op in writing within thirty days after one of the Members or a non-Member occupant stops occupying the unit as a principal residence. They must do this whether or not that person gave notice of termination.
d) The Co-op’s Housing Charge Subsidy By-law, if it has one, may state what happens when one person no longer occupies the unit. Unless they state something else, the remaining Members in the household will not be entitled to an increase in housing charge subsidy from the Co-op. If section 7.4 (Domestic Violence) applies, the remaining Members may be entitled to emergency housing charge subsidy from the Co-op, if available under the Co-op by-laws.
Death of a Member
a) If a Member dies, that person’s Membership and occupancy rights end on the date of death.
b) If no other Members occupy the unit, the Member’s estate will be responsible for housing charges for the month in which the Member died and the following month. The estate must remove all of the Member’s possessions by the end of that time. The estate and the Co-op can agree to an earlier date to end housing charges and to remove possessions. If possessions are not removed by the time required under this paragraph, the Co-op can remove and dispose of them without liability to anyone.
c) If other Members occupy the unit at the date of death, they must give the Co-op written notice of the death.
d) A long-term guest can apply for Membership under this paragraph if they are a Member of the household at the time of the death of the Member, and have not yet applied for Membership and
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the guest occupied the unit at the time of the Member’s death
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the occupancy by the guest was approved by the Board, and or under Paragraph 8.4
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no other Member occupied the unit at the time of the Member’s death.
A guest who is accepted for Membership under this paragraph will be entitled to remain in the unit for the time being but may be required to move under section 9.5 (Not Meeting Minimum Household Size) if that section applies. The guest will not receive the Member’s housing charge subsidy from the Co-op, but might be able to apply under the Co-op’s Housing Charge Subsidy By-law, if it has one. If a guest does not apply for Membership or the application is rejected, the Board can evict the guest without using the procedures in Articles 11 to 15 relating to eviction.
Vacant or Abandoned Unit
If a unit is vacant or abandoned, the Co-op can take possession or the Board of Directors can decide to take legal action. The procedures in Articles 11 to 15 relating to eviction do not apply. Membership and occupancy rights end on the day that the Co-op takes possession.