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OCCUPANCY AGREEMENT

THIS AGREEMENT   made the _______ day of _____________ , _______ .

Between:                     

and

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

 (hereinafter called the ACo-op@)

 (New member name)

 (hereinafter called the AMember(s)@)

This Occupancy Agreement runs for one year/month.

The Co-op and Member(s) hereby agree as follows:

The Co-op grants to the Member(s) occupancy rights in the Co-op and all rights and privileges of membership in accordance with the By-laws and Policies of the Co-op.  The specific provisions of this occupancy that are in effect initially are contained in Appendix AA@ attached hereto.  Provisions relating to housing charge assistance, if applicable to the member(s), are contained in Appendix AC@ attached hereto.  Provisions relating to vehicles and parking are contained in Appendix@D@ attached hereto while provisions relating to pets are in Appendix AE@ and Schedule AK@ attached hereto.

A copy of the Occupancy By-law is attached as Appendix AB@.  The Appendices form part of this AGREEMENT.

The Member(s) will abide by the By-laws, Policies, Rules and Regulations and all duly made decisions of the Co-op as they exist at present and as they may be amended from time to time.  The Member(s) will perform all obligations of resident members as set out therein.

The By-laws, Policies, and Rules and Regulations of the Co-op, as well as the specific provisions contained in Appendix AA@, may be changed in accordance with the Co-operative Corporations Act and the By-laws.  The Member(s) are entitled to be notified of, attend, and vote at all general meetings of Members to consider such matters.

IN WITNESS WHEREOF the Co-op and Member(s) have signed this AGREEMENT:

 CO-OPERATIVE HOMES OF PROSPERITY AND

EQUALITY INC.

 Per:                                                                            

 Position:                                                                    

 MEMBERS(S):                                                WITNESS:

 

                                                                                                                                                          

                                                                                                                                                          

                                                                                                                                                           

                                                                                                                                                           

 to be signed by each Member.

 Sign two (2) copies; one to be given to Member(s); one for Co-operative to be placed in the Member file.


CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

Occupancy Agreement Between Co-op and Member(s).

APPENDIX AA@

The following specific provisions of occupancy are in effect as of :   ________________ ___.

1.                  Member(s):      _________________________          _________________________           Other                                                                                                                                       Occupants:            _________________________          _________________________                                  _________________________          _________________________                                 

UNIT ADDRESS ____________________________________________________         

 3.        MONTHLY CHARGES:                                                                                                     Full housing charge:                                    $_______________   

Subsidized housing charge:                    $________________               

Sector Support Levy*              $________________               

TOTAL HOUSING CHARGE            $________________                                                 

*This amount is subject to change at interest adjustment date.                                 

The member shall pay in addition, a pro-rated amount based on the housing charge, in advance, to cover the broken period prior to the commencement of this Occupancy Agreement, from the _____ day of __________________ , ________ , to the _____ day of _______________ , _____ , in the amount of   $ _______      

4.MEMBER LOAN:                                                                                                                Full Member Loan:                               $ _____________                                                       Geared-to-income Member Loan**                                         $ ____________                       ** This amount is subject to change as per the terms of the Assistance Program.       

5. DATE OCCUPANCY COMMENCED: __________________________________  

We have reviewed and agree to the above.

MEMBER                                                                    WITNESS

____________________________________            _________________________________

____________________________________            _________________________________

APPENDIX AB@

BY-LAW NO.  5

A By-law relating to the rights and obligations of the Co-operative and its resident members.

BE IT ENACTED as a By-law of CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.  (herein called the ACo-op@) as follows:

 WHEREAS the Co-op has been formed for the purpose of providing accommodation to its resident members and it is desired to set out the terms on which such accommodation will be provided and the rights and obligations of the Co-op and the resident members;

 AND WHEREAS the requirements of a Non-profit Co-operative Housing Corporation must set out in Charter or by-laws of the Co-op, and it is desired to set some of them out in this By-law.

 THEREFORE BE IT RESOLVED THAT:

 ARTICLE 1

CO-OP=S RELATIONS WITH ITS MEMBERS

 1.01                             TERMS OF OCCUPANCY

 The terms of occupancy of Units of housing in the Co-op by members shall be those set out in the By-laws, Policies, Rules and Regulations and Occupancy Agreement of the Co-op.  The Occupancy Agreement attached to the from of this By-law is hereby adopted as the Occupancy Agreement of the Co-op and is incorporated herein.  The Co-op, its officers and members shall observe all the terms of the By-laws, Policies, Rules and Regulations and Occupancy Agreement and be bound thereby (whether or not any particular member has signed an Occupancy Agreement).

 1.02                             PRIORITY

 This By-law shall have priority over any other By-law of the Co-op and any By-laws, Resolutions, or Policies previously passed are hereby repealed or amended as required to give effect to the provisions of this By-law.  Wherever there is a conflict between this By-law, Resolution, Policy, agreement or oral statement of the Co-op, this By-law shall govern.  No one has any authority to commit the Co-op to any term of occupancy or agreement respecting occupancy, except in accordance with this By-law.  Should a conflict exist between documents, the following shall govern: First, the Co-operative Corporations Act; second, the Articles of Incorporation; third, this By-law; and fourth, the other by-laws of the Co-op, unless the by-law states differently.

 

ARTICLE 2

MEMBERS= RIGHTS

 2.01                             EXCLUSIVE POSSESSION

 Resident members of the Co-op shall be entitled to exclusive possession of their Units, to the use in common with other members of the common facilities applicable to their Units, and to the use of any parking space allocated to them.  The Co-op shall permit them quiet enjoyment thereof in accordance with By-laws, Policies and Rules and Regulations of the Co-op.

 ARTICLE 3

MEMBERS= CONTRIBUTIONS

3.01                             PARTICIPATION AND PAYMENTS

Each member shall make the following contributions to the Co-op where applicable:

The lifetime Membership Fee of $5 per member;

Participation;

Monthly Housing charges, less any subsidy;

Sector Support Levy;

Member Loan;

 Additional charges may be payable because of the member=s breach of any of their obligations under this By-law or under any other By-law, Policy, or Rules and Regulations of the Co-op or Resolutions duly passed at a meeting of the members.

3.02                             PARTICIPATION

 1.                  Each member is obligated to participate in the activities of the Co-op by attending each annual meeting of members, and all other meetings of members, unless prevented by illness or emergency, or other reason applicable to the Board.

 2.                  Each member is obligated to participate in the activities of the Co-op by serving on the Board or Committees or by assisting in other areas of operation of the Co-op in accordance with the Participation Policy attached hereto as Schedule AA@.

 3.03                             MONTHLY HOUSING CHARGE 

1.                  The monthly housing charge shall be set by the members in accordance with Article 4 of this By-law.  It shall be paid monthly, in advance, on the first day of each month in such manner and at such place as the Board may direct.  The monthly housing charge shall include, but not be limited to, the following:

Mortgage payments, municipal taxes, public liability insurance and insurance on the buildings and Co-op assets only, Co-op administration, repairs and maintenance, reserves, contingencies, water, sewer, common hydro, and other items duly approved by members in accordance with Article 4.

 2.                  The monthly housing charge shall not include the following which the member shall be responsible for paying:

 Heat and hydro for the unit, telephone, insurance on the member=s own property, personal liability insurance for the members, and cable T.V.

 3.04                             MEMBER LOAN

 1.                  Members shall pay to the Co-op prior to moving into their Units, or at any other time as permitted by the board, a Member Loan in accordance with Schedule AB@ of this By-law.  The amount of the Member Loan for any particular Unit may be amended by a vote of the members from time to time.

 2.                  When the Co-op regains possession of a member=s Unit, the Member loan shall be returned to the Member, less any sums of money which may be due and owing by the member to the Co-op.  These sums may be the result of the following:

C                   the member did not give prior notice to the Co-op;

C                   the unit was not left in the condition stated in Schedule AC@ of this By-law;

C                   the member owes money to the Co-op, or

C                   the member did not pay a housing charge for the last month of occupancy.

 3.                  The amount of the Member Loan shall be adjusted automatically upon any change in the monthly housing charge.  The members shall, at the beginning of the first month after such changes are effective, pay any additional amount required to bring their Member Loan up to the current amount.  If it decreases, members shall receive a credit for the difference on future charges.

 4.                  The Co-op shall not pay interest to members on the Member Loan.

 5.                  The Member Loan is not to be considered as a deposit for the last month=s housing charge.  There is no provision for the pre-payment of the last month=s housing charge.

 6.                  In the event of economic hardship, the Board of Directors may permit the member to pay all or part of their Member Loan in installments after move-in, provided that the terms for such agreement are specified in writing and further provided that in the event that the member(s) fails to meet the terms of the agreement, they shall be deemed to be in arrears.

 3.05                             HOUSING CHARGE ASSISTANCE

1.                  Entitlement to, terms of, and administration of, housing charge assistance shall be in accordance with the Housing Charge Assistance Policy Appendix AC@.

 2.                  Each member receiving housing charge assistance shall provide the Co-op with a statement of income, assets and family size annually, or more frequently as may be required, in accordance with the Membership Selection and Housing Charge Assistance Policies, Schedules AB@ and AD@ attached hereto.  Such statement shall include a statement of family size, occupancy of the Unit, and such other matters as the Co-op may reasonably require.  During the year each member shall promptly report to the Co-op any change in the information given.

 3.                  If the Co-op is investigating a member=s income, family size or other qualifications, the member shall co-operate fully and give complete information in the form required to the Co-op for the purposes of its investigation.

 4.                  All information received by the Membership Committee, the Board, members of the Co-op or staff under this section shall be confidential and shall not be revealed to anyone except as required for the purpose of this By-law, or as required under the terms of the Ontario Non-Profit Housing Program, or other government programs.

 3.06                             ADDITIONAL CHARGES

 1.                  If, as a result of the activities of any member, whether or not there is a breach of this By-law, the Co-op becomes liable for any additional taxes, charges or expenses, the member shall pay such taxes, charges of expenses to the Co-op on demand.  A member is also responsible and must pay for any costs, expenses or charges caused by any person who is a part of the member=s household or any person the member allows onto Co-op property.  In addition to the above, the member shall be responsible for all costs of the Co-op enforcing this provision or any other provision in this agreement including collection of charges and legal fees, as between a solicitor and their won client.  If such taxes, charges or expenses are regular, recurring payments, the member=s monthly housing charge shall be adjusted accordingly.

 2.                  Members shall pay all fines which may be levied against them or any interest they may owe on overdue payments in accordance with the By-laws or the Schedules of the By-laws.

3.07                             ALL ADDITIONAL CHARGES ARE HOUSING CHARGES

 All charges (including those referred to in paragraph 3.06) which may become due and payable as set out in this By-law shall be deemed to be housing charges.

3.08                             LIABILITY FOR CHARGES

 1.                  The monthly charges and Member Loan referred to in this Article shall be required on a Aper Unit@ basis.  If more than one member occupies a Unit, whether or not they are members of the same family or household, they shall each be liable for all charges jointly and severally.  If any person ceases to occupy the Unit, the remaining occupants shall be liable for the charges applicable to the Unit.

 2.                  Any arrangement for sharing expenses will be the responsibility of the members and will not bind the Co-op.  If there is any arrangement for sharing expenses, one of the members occupying the Unit shall collect the contributions of each occupant and make one single monthly payment to the Co-op.  Each member is responsible for the full charges.

 ARTICLE 4

DETERMINATION OF HOUSING CHARGES

4.01                             DETERMINED BY MEMBERS

 Monthly housing charges shall be considered and established annually by majority vote of the members at the general membership meeting called for the purpose of approving budget and housing charges.  Existing charges shall continue until a change is approved by a vote of the members in accordance with this Article.  Notwithstanding the above, this process is subject to negotiation with the Ministry of Housing.

 4.02                             BUDGET

 Prior to the budget meeting, the Finance Committee shall prepare and the Board shall approve a budget for the next budgetary year, showing the estimated total expenses of the Co-op, (including contingency allowances and depreciation or replacement reserves), showing all external revenues, and showing the charges proposed for each unit type.

 4.03                             NOTICE OF PROPOSED BUDGET 

In addition to any other notice of the budget meeting required by the Act and By-laws, at least five days prior to the meeting there shall be delivered to each Unit a dopy of the proposed budget, including the proposed charges for that Unit, together with any alternatives which may be under consideration. 

ARTICLE  5

USE AND BEHAVIOUR

 5.01                             PRIVATE RESIDENCES

 Units shall be used only as private residences for members and their households, and for other persons in accordance with this By-law, and for no other purpose.  The member shall not carry on or permit to be carried on any business, professional or commercial enterprise in the premises or use them for any illegal purpose whatsoever.

 5.02                             NUISANCE

 Members shall not behave in any fashion that may unreasonably interfere with the enjoyment of other members, nor shall they commit or permit any nuisance or any noise or disturbance that would unduly disturb other members, nor shall they commit or suffer any illegal acts to be committed with the Unit or on the common elements.

 5.03                             RULES AND REGULATIONS

 The Rules and Regulations of the Co-op shall be the Rules and Regulations passed from time to time by the Members of the Co-op.  They shall be observed by all members, their guests and the Co-op.  They shall be observed by all members, their guests and the Co-op.  Members are responsible for any act or failure to act of their household or guests.  This includes any person they, their household or guests invite or allow onto Co-op property.  Members may be evicted as a result of any such act or failure to act.  Members are responsible for payment of any damages.

5.04                             PRIVACY

 1.                  Members shall be entitled to privacy within their Units.  Neither the Co-op nor anyone on its behalf shall enter any member=s Unit without the member=s permission except when an emergency happens or appears to be happening and except as set out in subparagraphs (b) and (c).

 2.                  Persons designated by the Board shall be permitted to enter each Unit on 48 hours= written notice for a regular annual maintenance inspection, and for any special inspections for maintenance and repair purposes that may be authorized by the Board, or may be required in connection with any insurance policy or appraisal of the Co-op=s property, or for such other reasons as the Board may determine.

 3.                  The Co-op may, on 24 hours= written notice, enter a Unit at any reasonable time to show the Unit to prospective occupants if the member has given notice of termination of occupancy under paragraph 9.01, or if the Co-op has given notice of the board decision to evict the member.

 4.                  Any notice to enter a unit can give a time range and not a specific time.  The time range can be longer than one day and the notice may allow more than one entry into a member=s unit.

 5.05                             MAINTENANCE AND REPAIR

 1.                  Members shall maintain their Units in an ordinary state of cleanliness at all times, and shall comply with all requirements and standards of cleanliness and maintenance set by health and other public authorities.  Members shall be responsible for the repair of damage to Co-op property, by them, by others occupying their Unit, or guests. 

2.                  Members shall observe the maintenance responsibilities with respect to their Units and the common elements of the project as set out in any and all policies that are passed by the Members of the Co-op from time to time, including by not limited to those set out in the Maintenance and Improvement Policy attached to this By-law as Schedule AC@.

 3.                  Members shall not make any alterations or improvements to their Units, except in accordance with the Maintenance Policy.  Members must not change the locks to their units without prior written permission from the Co-op.  Keys to the new locks must be given to the Co-op.

 4.                  Members shall report to the Co-op promptly any condition in the Unit or its equipment or in the building containing the Unit, which comes to the knowledge of the member, and which may cause deterioration of the Unit or building if not corrected.

 5.                  The Co-op may, in accordance with the Maintenance and Improvements Policy, perform any of the maintenance or other obligations set out in this paragraph if the member responsible does not perform them within a reasonable time in the circumstances.  The member shall reimburse the Co-op for costs of such performance in accordance with paragraph 3.06.

 6.                  The Co-op shall maintain the common areas of the Co-op (subject, however, to such responsibilities respecting the common areas which members may have in accordance with the Maintenance and Improvements Policy).

 7.                  Subject to paragraph 6.05, in case of substantial damage the Co-op shall keep the Unit, the other property of the Co-op, and all services and facilities of the Co-op in good state of repair and fit for habitation and in compliance with health, safety and maintenance and occupancy standards required by law.


8.                  The Co-op shall provide a stove and refrigerator in normal working order in each Unit.  Appliances must be kept reasonably clean by members.

 9.                  At the end of a member=s occupancy of a Unit, the Unit shall be left in a clean and tidy condition in compliance with Schedule AC@ attached hereto.  Appliances provided by the Co-op shall remain in the Unit and be in clean and working order

 5.06                             ILLEGAL ACTS

 Members must not commit any illegal act or break any agreement with any government authority within their unit or on Co-op property.  This includes breaking any municipal, provincial or federal law, or any by-law or regulation of any other authority.

 5.07                             AGREEMENT

 Members must not break any obligations that the Co-op has to the Province of Ontario and the Co-op=s mortgagee. 

5.08                             INSURANCE

 Members must not break any obligation that the Co-op has to its insurance company.  The use by a member of their unit must not increase the Co-op=s insurance costs or any other cost or liability of the Co-op.

 5.09                             VIOLENCE

 Residents and employees of the Co-op must not commit violence against another person in the Co-op.  This violence can be real or threatened, physical, psychological and/or sexual and also includes child abuse.  Co-op staff has the authority to call the police and the Children=s Aid Society in the case of child abuse. 

ARTICLE 6

ALLOTMENT OF UNITS

6.01                             INTERNAL WAITING LIST

 The Co-op shall maintain a waiting list of members occupying Units of the Co-op who have indicated a desire to change their Units.  As suitable Units become available, priority wall be given to persons on the internal waiting list in accordance with the Member Selection Policies and Procedures attached hereto as Schedule AB@.  Such Policies and Procedures may be subject to Rules and Regulations of Federal and Provincial Governments.

 6.02                             MEMBERSHIP POLICY

In allotting Units to new members and allowing members to change units within the Co-op, the membership Committee shall act in accordance with the Member Selection Policies and Procedures attached hereto as Schedule AB@.

 6.03                             CHANGE IN HOUSEHOLD SIZE

 1.                  The minimum and maximum number of persons permitted to reside in each of the Co-op=s unit types is set out in the Member Selection and Housing Allocation Policies and Procedures Schedule AB@.

 2.                  Should the number of persons in a household change, prompt written notice of the change must be given to the Co-op office.  If the household size has decreased, this notice must list the name(s) of the person(s) who are no longer living in the unit.

 Members must also agree to allow the Co-op to conduct a credit check on any new      person in their household and the new person must sign a consent form if requested by            the Co-op.  Members must also give any other reasonable information that is requested by             the Co-op. 

3.                  If a household receiving subsidy assistance under Ontario=s Non-Profit Housing Program or other government programs ceases to have the size appropriate for the Unit occupied, the Board will normally require that the household move to a unit of appropriated size or they shall cease to be eligible for a subsidy.  The Board shall place the member at the top of the internal waiting list for the proper size unit .  The member must accept the first unit that is offered to them.

 The Board reserves the right to review each case individually as it arises.  The Board may          decide not to require a household to move if the situation is temporary or if the board    decides that there are special circumstances that justify allowing the household to remain           in that unit.

 4.                  Notice in writing of any meeting to consider a resolution to require a member to move shall be given to the member by being left at the members=s Unit at least seven days prior to the meeting.  Them members shall be entitled to attend the meeting and be represented by agent or counsel and make representations.  The Board must deliver its decision to the member in writing.

 5.                  The Board can evict the member if the member does not accept the first unit offered or if the Board is unable to place the member on the infernal waiting list because the Co-op does not own or rent a unit appropriate for the household size.  The Board must use the procedures as outlined in Article 10 of this By-law.

The Board can decide not to evict the member if the situation is temporary or if the        Board decides that there are special circumstances that justify allowing the household to         remain in that unit.

 6.                  If a decision is reached by the Board to evict a member, the date of eviction must be at least 90 days after the Board meeting that required the member to move.  The Board must follow procedures as stated in Article 10 of this By-law.

 6.04                             EXPROPRIATION

 1.                  If any Unit is taken over by a government body, members= rights to occupy such Unit as against the Co-op shall terminate on the day when the expropriating authority obtains possession.  Charges shall be paid to that date but no further charges shall be due thereafter.

2.                  Members cannot profit from such takeover.  This does not include compensation received by a member for disturbance and/or relocation expenses.  The co-op shall be entitled to any other compensation received by the member.  The Co-op has the right to take any action necessary to obtain that compensation from the member.  This includes the right to sue the member or make any other claim in the members= name.

 6.05                             DAMAGE BY FIRE

 1.                  If any Unit in the Co-op is damaged by fire or other casualty and such damage is minor, the Unit shall be repaired by the Co-op as quickly as possible and there will be no reduction in housing charges. 

2.                  If the damage is serious so that, in the opinion of the Board, it is not desirable to repair a Unit, then the member=s right to occupy the Unit shall be terminated and the charges shall cease effective the day of the fire or casualty.

3.                  If the damage is such that the Unit is no longer habitable, but the Co-op intends to repair the Unit, then the member=s right to occupy the Unit shall be terminated and charges shall cease effective the day of the fire or casualty, and in addition to the priority on the waiting list referred to in subparagraph (e), such member shall have a further right to re-occupy the damaged Unit when it is repaired.

 4.                  For a period of up to three months after the fire or casualty, the member=s household shall be able to occupy any vacant Unit of housing of the Co-op on an emergency basis paying the lesser of the charges applicable to such Unit or the damaged Unit. 

5.                  Members losing the right to occupancy under this paragraph shall have priority on the internal waiting list until a suitable Unit is offered to them.  Thereafter they shall be deleted from the list.

 6.                  The co-op does not have to provide a housing unit, or a for increased housing charges, or pay rent to an outside landlord, or pay any other costs because of the damage caused by a fire.

 6.06                             ABILITY TO LIVE INDEPENDENTLY

 Members must be able to live independently and take care of themselves, with or without support care services.

 ARTICLE 7

OCCUPANCY BY MEMBERS

 7.01                             OCCUPANCY BY MEMBERS ONLY

 Where a Unit has been allocated to a member or members, no person other than the member or members may occupy the Unit except as provided in this Article.  Occupants of a unit who are not members have no greater right to occupy the unit than the members who occupy it hand have no right to occupy the unit independent of the members.  Also, non-members have no right to occupy any other unit in the Co-op and have no right to be placed on the Co-op=s internal waiting list. 

7.02                             PERSONS UNDER EIGHTEEN

 Persons under eighteen years of age may occupy a Unit as part of a member=s household.  Upon turning eighteen, such persons shall apply for membership in the Co-op and, if accepted, shall sign and Occupancy Agreement.  If not accepted, they may continue to reside with their family as a long-term guest as stated in 7.05, and the members occupying the Unit shall continue to be responsible to the Co-op for their behaviour within the Co-op.

 If they are still resident in the Co-op two years following the initial application for membership, they shall again apply for membership.  If the Board at any time determines that their behaviour withing the Co-op is not acceptable to the Co-op, it may notify the members occupying the Unit and such person will no longer continue to reside in the Co-op at any time more than thirty days after delivery of such notice, the members occupying the Unit shall be considered to be in default.  The Board must follow procedures as set out in Article 10.

 Notwithstanding the above, a household led by persons not yet eighteen but less than sixteen shall be permitted to make application for membership within the Co-op.

7.03                             ADDITIONS TO THE HOUSEHOLD

 Members may want to add to their household a person over the age of eighteen who is not a member of the Co-op.  That person must apply for membership in the Co-op or must apply to the board for approval as a long-term guest.  That person can remain with the member as a casual guest while waiting for the board=s decision.  Should the board refuse to approve the application for membership, that person may remain in the unit with the member as a casual or long-term guest if permitted under 7.04 or 7.05 or this By-law.

 7.04                             CASUAL GUESTS 

Members shall not have any guests in their units for a period greater than twenty-one days in any six month period without the permission of the Board, which permission shall not be unreasonably withheld.  When the board gives permission for any visit, it may set the time limit for the visit and can decide to include the income of the casual guest in housing charge subsidy calculations.

 If permission is refused, the guest shall cease to occupy the unit on such date as the Board may determine and any continued occupancy after that date shall be considered a default by the members occupying the unit.

 7.05                             LONG TERM GUESTS

 1.                  The board may allow members to have a guest in their unit for an indefinite period of time.  These guests are considered ling-term guests and would include dependent family members not covered under paragraph 7.02 (i.e. elderly parents), live-in employees, additions to the household who have been refused membership and other persons the member invites into the household.

 2.                  A Long-term Guest Agreement, Schedule AE@, must be signed by the members and their guests.  The income of long-term guests is to be included in the housing income when the housing charges is calculated.

 3.                  The board can cancel or change the terms of the long-term guest status at any time.  The board must give written where this will be discussed.  The board must give written notice to the member and the guest that the long-term guest status has been ended.  The board decides when the long-term guest status terminates and there is no right of appeal.

 7.06                             NO ASSIGNMENT

 Members desiring to leave the Co-op indefinitely must surrender their occupancy rights to the Co-op and withdraw from membership.  Members may not transfer their occupancy rights to any other person.

7.07                             SUBLET

 A member shall not be permitted to assign or sublet the unit and the unit shall be occupied only by the individual or family named in the unit Occupancy Agreement.

 7.08                             DEATH OF A MEMBER

 1.                  Should a member die, and no other members occupy the unit, the member=s estate will be responsible for the payment of the housing charges until the end of the second month following the death.  The estate is also responsible for moving the member=s possessions at the end of the second month.

 2.                  Non-members remaining in the unit after a member=s death may apply for membership.  Should they be accepted for membership, the Board may allocate the unit to them without following the Membership Selection Policies and Procedures.  If the non-member does not apply for membership or their application for membership is rejected, the Board can evict them without having to follow the procedures as set out in Article 10.

 ARTICLE 8

LIABILITY AND INSURANCE

 8.01                             CO-OP LIABILITY

 The Co-op shall be liable for any damage caused by the Co-op or its employees to the persons or property of the members and their families.  This shall include damage caused by any defects in buildings or equipment owned or rented by the Co-op.

 8.02                             MEMBERS= LIABILITY 

The members of the Co-op shall be liable to the Co-op for any damage to the Units or other parts of the Co-op=s property caused by them, their family, guests, visitors, or pets.

 8.03                             CO-OP=S INSURANCE

 The Co-op shall maintain insurance including, but not related to the following:

1.                  Fire and extended coverage in amounts required by any mortgagee or such greater amounts as the Board may reasonably determine. 

2.                  Boiler and machinery insurance in amounts required by any mortgagee or such greater amounts as the Board may reasonably determine. 

3.                  Public liability insurance, including liability to members, tenants and other persons on the property in such amounts as the Board may reasonably determine. 

4.                  Rental Loss Insurance - to cover the potential loss of revenue from all R.G. I. And market Units should the unit be rendered uninhabitable due to fire, explosion, flood or any other unavoidable catastrophe. 

8.04                             MEMBERS= INSURANCE

 Members are encourage to obtain whatever insurance they feel appropriate for theft of, or damage they may cause to the Co-op=s property. 

ARTICLE 9

 TERMINATION OF OCCUPANCY BY MEMBER

 9.01                             NOTICE REQUIRED

 1.                  A member may terminate occupancy in the Co-op by giving 65 days notice in writing, with the 65 days ending on the last day of the month.  The member=s right to occupy a Unit in the Co-op shall terminate at the end of the 65 days notice period.  Members cannot withdraw a notice without the Board=s consent.  The Board can refuse to allow a member to withdraw their notice.  Members cannot appeal the Board=s decision.

 2.                  Until the 65 days is up, the member=s rights and obligations shall remain in full force and effect.  On the expiration of the 65 days, if the member vacates the Unit in accordance with the notice, the member=s obligations to the C0-op existing on that date shall continue until aid or fulfilled. 

3.                  If a member fails to vacate the unit at the end of the 65 days notice period, the Co-op shall follow the procedures as sated in 171.14 of the Corporations Act or take any other action.  This can be done before or after the day on which the member should leave.  In this case, the Board does not have to follow procedures as outlined in Article 10 of this By-law.

 9.02                             WITHDRAWAL FROM MEMBERSHIP

 A notice to end occupancy of a unit will also be considered a notice of withdrawal from membership.  Any withdrawal from membership with ending occupancy rights will be considered invalid. 

9.03                             ABANDONMENT

 If a member=s unit is vacant, the co-op can take possession.  The member=s occupancy rights end of the day that the co-op takes possession of the unit.  At the same time, it will be considered that the member has withdrawn from membership.

 If a Unit has been abandoned, the Co-op may enter the Unit and allot it to another member, or rent it, and any losses or costs resulting to the Co-op shall be the responsibility of the abandoning member.  A 48 hours Notice of Inspection shall be posted in accordance with By-law 5.04 prior to entry of the unit, in order to determine if the unit is abandoned.  A Unit shall be deemed abandoned if reasonable inquiry indicates that persons have not been seen entering or leaving the Unit for a significant period of time, and if on entry of the Unit, it appears vacant by reason of absence of furniture or other personal belongings.

 9.03                 MEMBERS NO LONGER LIVING IN THE UNIT

 When a member ceases to live in the co-op as a principal residence, but other members remain in the unit, it will be considered that the member has given notice to withdraw from membership and end occupancy rights on the first day the member was no longer living in the unit. 

ARTICLE 10 

TERMINATION OF MEMBERSHIP AND OCCUPANCY RIGHTS BY CO-OP

 10.01                           TERMS USED IN THIS BY-LAW

 The Act uses the terms Aterminating membership and occupancy rights@ when referring to members of the co-op.  These acts of the co-op are referred to as Aevict the member@ or Aeviction@ in this By-law.  A copy of the rules in the Corporations Act that refer to ending the membership and occupancy rights of a member, are attached to this By-law as schedule AL@.

 10.02                           WHEN THE CO-OP CAN EVICT A MEMBER

 1.                  The Board may evict a member for any of the following reasons:

I)          If the member owes housing charges to the co-op at the time of the board                                  meeting;

ii)         if the member has been repeatedly late in paying their housing charges; 

iii)         if the member has broken the by-laws in a manner the board considers serious; or 

iv)        if the member has repeatedly broken the by-laws in a manner the board considers,         even if the member has corrected the situation when given notice to do so.

The board may also evict a member if someone the member is responsible for, under the by-laws, has done any of the above.

 2.                  The board can evict a member under sections 6.03 and 6.05 of the By-law.

 10.03                           PROCEDURE FOR TERMINATING OCCUPANCY

 1.                  A resolution of the board must be passed by majority vote to evict a member.

 Such resolution may be in the form attached hereto as Schedule AF@, Board of Directors          Eviction Decision.

 2.                  Before passing a resolution of the board to end membership and occupancy rights, the board must give written notice to the member of the meeting of the board to be held to consider the eviction of the member.  This notice must be given to the member at least ten days before the meeting.  It must be signed by a director of the Co-op or any other person who is authorized to do so by the by-laws.  A sample Notice to Appear is attache to this By-law as Schedule AG@.

 3.                  The notice shall:

Ii)         state the time and place of the board=s meeting; 

ii)         state the reasons for the proposed eviction; 

iii)         state the member=s unit to which the members occupancy rights apply; 

iv)        state the proposed date of eviction; 

v)         state the fact that the member does not have to vacate the unit by that the co-op                        can obtain possession of the unit by obtaining a writ of possession after the                         member=s membership and occupancy rights have ended; 

vi)        advise the member that he or she may attend and speak at the meeting; and 

vii)        advise the member that he or she can appeal the board=s decision to the members. 

4.                  The board may choose to continue the discussion about an eviction at a later date.  The board does not have to give notice of the continued meeting as long as the time and place were announced at the original meeting. 

5.                  The member may appear personally or by agent or counsel at the meeting and make representations to the Board.

6.                  In the board=s decision to evict a member, the board may specify a date for eviction that is later than the proposed date that was specified in the notice to the member. 

7.                  If the board decides to evict a member, written notice must be given to the member within five days after the board meeting.  The notice must be signed by the secretary of the co-op or by a person who has authorization by the by-laws to do so. 

Such resolution terminating occupancy rights may be in the form attached hereto as Schedule AF@. 

Such eviction notice may be in the form attached hereto as Schedule AH@. 

10.04                           RIGHT OF APPEAL

 1.                  A member can appeal a decision of the board.  The decision is not in effect until the appeal is decided or dropped.

 2.                  A member who wishes to appeal must, within seven days of the date on which the eviction notice was given, give a notice of appeal to the co-op office.

 3.                  When the co-op receives a notice of appeal from a member, the co-op must call a meeting of the members, giving proper notice or put the matter on the agenda for another members= meeting.  There must be at least fourteen (14) days between the time the notice of appeal is received and the date of the members= meeting. 

4.                  Any written statements that were included by the member in the notice of appeal must be distributed to those who received notice at the members= meeting.  This right is limited by the Corporations Act.  Refer to Schedule AL@. 

5.                  The member appealing the decision has the right to appear and speak at the meeting or have a representative speak on their behalf. 

6.                  By a majority vote, the meeting may confirm the decision of the Board, substitute for its decision, any decision which could have been made by the Board. 

7.                  If the members= meeting is duly called and fails to pass a resolution confirming or changing the decision of the Board, or if a quorum is not present at the meeting or at the time of the vote, the decision of the board shall be deemed to have been confirmed. 

If an appeal is launched and is unsuccessful, the day of termination shall be two days following the date for which the members= meeting is called, or the date specified in the notice to vacate, whichever is the later, unless the member=s meeting decides to further extend the day of termination

10.05                           LEGAL PROCEEDINGS

 1.                  If the member fails to vacate on the proper day of termination or if it appears likely that the member will not so vacate, the Co-op may take legal action as a result of decisions made under previous sections.  The board does not have to wait until the eviction date to start legal action.

 2.                  The board may select a representative to deal with the legal actions for the co-op.  This can either form a part of that person=s job description or can be passed by a resolution of the board.  This person may give all necessary instructions to the co-op=s legal council and make a settlement or other agreement after consulting with legal council, such as the execution of a performance agreement with a member.

 3.                  Unless a member consents, or the Unit has been abandoned, the co-op shall not re-enter or regain possession of a Unit except under the authority of a Writ of Possession or other judicial process.

 10.05                           PERFORMANCE AGREEMENTS

 1.                  As an alternative to the termination of membership and occupancy rights, the co-op may sign a performance agreement with the member at which time any outstanding resolution evicting the member will be cancelled.  Refer to Schedule AI@ and Schedule AJ@ of this by-law. 

2.                  The performance agreement may state how the member will carry out his or her obligations in the future, how past problems will be corrected and how the co-op will be compensated for any losses. 

The Board must authorize every performance agreement by passing a board resolution   except for those issued under section 10.5 (b) of this by-law. 

3.                  Should the performance agreement be broken by the member, the board must start eviction procedures over again.  The breaking of the performance agreement by a member does not give the co-op the right to evict the member.  Any statements in the agreement as well as the fact that the agreement was broken; however, may be taken into consideration by the board, members or judge. 

4.                  When a performance agreement is signed, the board can decide that a resolution of eviction will not be effective if the member pays the amounts owed or carries out any acts that were stated by the board in the resolution.  This must be carried out within the time period stated in the resolution.

10.07                           NON-MEMBERS IN A MEMBER UNIT 

When non-members occupy a member unit, the co-op may take any procedure permitted by law to deal with the non-member as long as it does not break this by-law. 

10.08                           APPLICABILITY OF BY-LAW

 The co-op shall have no right to terminate the occupancy rights of a member or to re-enter a Unit unless the provisions of its by-laws have been adhered to. 

ARTICLE   11

MISCELLANEOUS

 11.01                           SUBORDINATION 

1.                  The rights granted to the members in this by-law shall be subject and subordinate to all mortgages or ground leases now existing on the co-op=s property or those which may be duly entered into in the future by the co-op.  The members shall execute any documents which the co-op or any lender may deem necessary or desirable to give effect to this paragraph.

 2.                  The co-op and each and every officer and future officer shall be the irrevocable attorney in fact of each member to execute any such instrument on behalf of the members.  The members shall be deemed to have waived and shall not have any rights to notice of any default or notice of foreclosure or other legal action on any such ground, lease or mortgage.  The co-op shall be the agent of each member to receive and accept such notice on the member=s behalf, if such notice is necessary.  The co-op, on receipt of any notice of substantial default or legal proceedings, shall forthwith notify members.

 11.02                           TIME

 Time shall be of the essence of this by-law and the performances of the duties of the Co-op and its members.

 11.03                           PROCEDURAL IRREGULARITIES

 No minor defect in the procedure or in the notice given with respect to any matter dealt with in this by-law, including termination of occupancy under paragraphs 10.03 and 10.04, shall invalidate any decision made, if there has been substantial compliance with the provisions of this by-law and if no injustice results.  Any member may waive, in writing or by conduct, any defect in procedure with respect to any matter dealt with in this by-law.

11.04                           PARTIAL INVALIDITY

 If any clause or provision of this by-law or any by-law of the co-op affecting the occupancy rights of members shall be adjudged invalid, the same shall not affect the validity of any other clause or provisions of this by-law, or constitute any cause of action in favour of the co-op, or any member.  No failure by the co-op any of its rights and no condoning or waiver of any particular breach or default, shall operated to prevent the co-op from insisting on its rights with respect to any other or continued breach or default. 

11.05                           POLICIES

 Wherever this by-law refers to a policy of the co-op attached as a schedule, or to the Rules and Regulations, such Policy or Rules and Regulations shall be considered a part of this by-law and may be adopted or changed only in the same manner as this by-law and may be amended.  If, at the day of the passing hereof, or at any other time, any of the Policies or Rules and Regulations referred to in this by-law is not in existence or has not yet been adopted, any reference to such Policy or Rules and Regulations in this by-law shall be taken as reference to the resolutions or decisions made by the Board or the members from time to time dealing with the matters covered by such Policies or Rules and Regulations.

 11.06                           PERSONAL MEMBER INFORMATION

 Should a member appeal a board decision, or start a discussion at a members= meeting involving personal information about themselves, the board can disclose any other pertinent information about the member.

 11.07                           SERVING DOCUMENTS

 When serving documents to members regarding an eviction, the co-op must issue a separate notice to each member being evicted, and to any member left remaining in the unit. 

Should a member be absent or evading the notice, the notice can be handed to any apparently adult person in the unit, posted in a conspicuous place on the unit (i.e. taped to the door), or sent by registered mail to the person at the unit.

 11.08                           AMENDMENT

 This by-law shall come into effect only after being passed by a resolution of the Board and confirmed by a two-thirds majority of the votes cast at a meeting of members, and may be amended only in the same manner and by the same majority.

PASSED by the Board and sealed with the corporate seal of the Co-operative this                    11th day of June, 1993.

  

________________________________                    ________________________________

President                                                                      Secretary

  

CONFIRMED by two-thirds of the votes cast at a general meeting of members,

this 11th day of June, 1993.

  

________________________________                    _________________________________

President                                                                      Secretary

 

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

Occupancy Agreement

Between Co-op and Member (s)

 APPENDIX AC@

Housing Charge Assistance Provisions

 Members who receive housing charge assistance from the Provincial and/or Federal Government under any of their respective programs are subject to all the terms and provisions of the co-op=s Occupancy By-law.  In addition, such persons agree to the following, as required by the Ministry and Housing of the Province of Ontario, or Canada Mortgage and Housing Corporation, or other governmental bodies as applicable:

1 a)      Where a member is in receipt of, or has applied for, such assistance, the monthly housing charge payable by the Member shall be reduced from the amount otherwise determined for the Unit by the amount of assistance.  If, by reason of any default of the Member, all or any part of the assistance is not received by the co-op for any month for which the Member is responsible, or if the Member is not granted assistance, or if the assistance is cancelled by the Minister, then the Member shall pay to the co-op the full amount of the hosing charge for the unit as otherwise determined, less any portion of the housing charge assistance received.

 b)         Subject to subparagraph (a), the amount of the housing charge payable by Members receiving assistance would be increased or decreased in accordance with income and assets, and retroactive adjustment will be made if income is misrepresented or not reported.

 2 a)      Each member in receipt of housing charge assistance shall provide the Co-op with a signed declaration of gross income and assets and family size annually or more frequently as may be required in accordance with the By-laws and Policies of the Co-op or any agreements with Canada Mortgage and Housing Corporation, the Province of Ontario, or ministries or agencies thereof.  Such statement shall include a statement of household size, occupancy of the Unit and such other matters as the Co-op may reasonably require and shall be supported by such proof of income or other documentation as the Co-op may reasonably require.  Each member shall promptly report to the Co-op in writing any change in any of the information given.

 b)         If the co-op is investigating a members=s income, household size or other qualifications, the member shall co-operate fully and give complete information in the form required to the Co-op for the purpose of its investigation.  The member hereby consents to the co-op, its employees or agents receiving credit information from any credit agency or other person having such information.

 c)         All information received by the Board, Members of the co-op or staff under this section shall be confidential and shall not be revealed to anyone except as required for the purposes set out in the co-op=s by-laws, policies, and the agreements referred to above, including the Ontario Non-Profit Housing Program, and other governmental programs.

3.         Notwithstanding anything contained in the Occupancy By-law, so long as any member is in receipt of housing charge assistance, the member shall not be permitted to assign or sublet the unit and the unit shall be occupied only by the individual or family named in the Unit Occupancy Agreement. 

4.         Except as provided above, all other terms and provisions of the Occupancy Agreement and the Occupancy by-law shall apply to Member (s) receiving housing charge assistance.

 We have reviewed and agree to the above:

 MEMBER                                                        WITNESS

 __________________________________    ______________________________________

 __________________________________    ______________________________________

 __________________________________    ______________________________________

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

Occupancy Agreement

Between Co-op and Member (s)

 APPENDIX AD@

Vehicles and Parking

 I/We the undersigned agree that the following vehicles are the only ones to be parked on the leased premises.

  

Year                 Make                           Model                                      Licence Number

 ______            ___________              ____________________        _____________________ 

 I/We shall notify the co-op of any change of vehicle within ten days of such change.  If any vehicle is left on the leased premises in unfit condition or without being furnished with correct licence plates, the co-op may, upon ten days notice to me/us, request its removal, failing which the co-op may remove it at my/our cost and sell or otherwise dispose of it, applying the proceeds of such disposition firstly to the costs of removal and sale, secondly to any monies owing to the co-op by me/us, and thirdly to the credit of me/us for future housing charges and/or other obligations.

 I/We agree to park in such spot as is assigned to us from time to time by the co-op. 

I/We agree that under no circumstances will we perform any maintenance on the above-described vehicles on the co-op=s property. 

I/We have reviewed and agree to the above: 

Member                                                           Witness

 _____________________________              ____________________________________

 _____________________________              ____________________________________

 _____________________________              ____________________________________

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

Occupancy Agreement

Between Co-op and Member (s) 

APPENDIX AE@

Pets

 

I/We hereby certify that the foregoing represents a complete list of all pets to occupy unit: 

Animal type      Breed               Colour  Name                           Age                  Weight

 __________    __________    __________    ______________        __________    __________

 __________    __________    __________    ______________        __________    __________

 __________    __________    __________    ______________        __________    __________

 I/We understand that the co-op may require the removal of any or all of the above pets with or without just cause on two weeks notice for the Board of Directors.  I/We, further undertake to adhere to all applicable rules and regulations regarding pets as passed by the Co-op from time to time.  Refer to Schedule AK@.

 I/We have reviewed and agree to the above.

 Member                                                           Witness

 _______________________________          _______________________________

 ______________________________          _______________________________

 _______________________________          _______________________________

SCHEDULE AA@

 CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

PARTICIPATION POLICY

 1.                  Each member shall participate in the operations of the Co-op by sitting on the board or a committee, or volunteering in some other area of the Co-op=s operation. 

2.                  Each member will normally give a minimum of a one year time commitment to the chosen participation activity. 

3.                  After participating for at least one year as set out above, each member may request from the board of Directors a Asabbatical@ period of six months from this participation requirement.  Approval for such a request shall not be unreasonably withheld.  

4.                  No member may sit on more than one committee unless specifically allowed by the Board.  However, a Board member may sit on a committee if he/she wishes to be directed by the Board to do so. 

5.                  A member may be exempted by the board from this participation requirement due to reasons of health, employment or other reasons acceptable to the Board. 

6.                  The co-ordinator will keep records of each member=s participation and sabbatical history to assist the Board in enforcing this policy. 

7.                  No member will be considered in breach of this policy if there are no volunteer positions open.

SCHEDULE AB@

 CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

 MEMBERSHIP SELECTION POLICIES AND PROCEDURES

 1.                  Membership Criteria

 In judging the acceptability of applicants for membership, the Co-op will not discriminate by reason of race, national or ethnic origin, colour, religion, age, sex, marital status, political affinity of activity, sexual orientation, family relationship, physical handicap, or any other reason which is a violation of fundamental human rights. 

Acceptability of applicants for membership will be judged by the following criteria: 

1.                  A willingness to participate in the development of Co-operative Homes of Prosperity & Equality Inc.  as a community; 

2.                  A willingness to abide by the by-laws, agreements, policies and regulations set by the Co-op; 

3.                  A willingness to respect the human and civil rights of others; 

4.                  A willingness to allow a credit check as a proof of financial responsibility; 

5.                  A need appropriate to the available unit which shall be determined by, among other things, the application of the Ministry of Housing=s core need income thresholds; 

6.                  An indication of permanency or at least long term residence; 

7.                  The ability to live independently with or without support care services. 

2.         Member Selection Process 

The following policies and procedures will be followed when processing applications of the Co-operative; 

1.                  The applicant shall: 

- Submit an application; 

- Attend an information meeting prior to the membership interview;

2.                  A staff person shall: 

- receive application; 

- ensure application is complete; 

- review household income; 

- following orientation session, conduct credit check; 

- forward application to the committee for an interview in order that it was         received by the co-op; 

- conduct Landlord check and income verification; 

- following the membership interview, advise the applicant in writing, of the Board=s decision to accept or reject the application stating the reason for            rejection. 

3.                  The Membership Committee shall: 

- conduct membership interviews in the order that applications are received by the Co-op; 

- recommend to the Board that applications for membership be accepted or rejected. 

3.         Interview Policies and Procedures 

The purpose of the interview is: 

- to clarify how the co-op is organized and the rights and responsibilities of co-op membership; 

- to assess the applicant against the member selection criteria. 

The following policies and procedures will govern the interview process: 

1.                  Two committee members will conduct the interview.  Committee members who are part of the same household should not participate in the same interview. 

2.                  Interviewers should not interview friends or relatives.

3.                  All members of the household age 18 and over must attend the interview.  Notwithstanding the above, a household led by persons not yet 18 but not less than 16 making application for membership, shall be required to attend the interview. 

4.                  The interview guide will always be followed to ensure that interviews are consistent and complete. 

5.                  Interviewers will report in writing to the committee, making a recommendation based on selection criteria. 

6.                  The interview location will be at the interviewers= discretion. 

4.         Decision-Making and Appeal Process 

1.                  The committee as a whole shall make recommendations to the board on acceptance or rejection of members. 

2.                  The committee may recommend that an applicant be interviewed by the same or different interviewers if additional information is required to make a recommendation to the Board. 

3.                  Recommendations to accept an applicant with a poor credit rating or to reject an applicant shall be accompanied by a written report. 

4.                  The Board will normally ratify the recommendation of the committee.  To ensure that the only members of the co-op are occupants, approval for membership is made in the following motion AThat (name of all adult members of household) be approved for occupancy in Co-operative Homes of Prosperity and Equality Inc. and membership in Co-operative Homes of Prosperity and Equality Inc. upon move-in.@  If , however, the Board disagrees with a committee recommendation concerning an applicant, it will return the application to the committee for further consideration.  A written summary having considered the points made by the Board, the committee feels that its original recommendation should stand, it may sent a representative to the next Board meeting to present its point of view.  The Board=s decision at this point will be final. 

5.                  An applicant may appeal a rejection for membership by advising the Board in writing within fourteen days following the issue of written notification of rejection that he/she wishes to appeal the decision.  This will not guarantee a unit to be available, however, should the second interview result in membership, the member will be placed on the waiting list according to the date of the application and target requirement.

In the case of an appeal, two different interviewers from the Membership Committee will conduct a second interview within 30 days of receipt of the request.  The committee will hear a report from the interviewers and make a recommendation to the Board.  No second appeal will be accepted if the applicant is rejected.

 6.                  A rejected applicant shall be eligible to submit a new application for membership no earlier than twelve months from the final date of rejection by the Board of Directors.

 UNIT ALLOCATION POLICY

 For the purpose of determining household size and unit size eligibility, all persons judged by the Membership Committee to be Apermanent@ members of a household will be included.

 Someone may be considered a permanent member of a household even if he/she is only periodically resident in the unit (e.g. child under the joint custody of separated parents or a spouse with a job requiring him/her to live away from the home for extended periods).

 The following occupancy criteria will be followed when allocating units:

 1.                  A maximum of two people per bedroom may occupy a unit.  There must be a minimum of one person per bedroom occupying a unit, save for persons able to pay the market rent. 

2.                  In the allocation of bedrooms to children, there shall be one child per bedroom.  Except where the appropriate unit size is not available and the members are willing to have children of the same sex, and not more than three years of age difference sharing a room, a consent form will be signed by the member stating that the member understands that no transfers will be approved by the Board of Directors for at least 1 year unless the family size increases.  This provision is subject to change in accordance with the Operating Agreement between the Ministry of Housing and the Co-operative.

 3.                  In the allocation of units modified to accommodate the disabled, applicants with or without a disability will be considered for these units.

 4.                  If a non-member moves in to share a unit with a resident Co-op member, the member must notify the office immediately, and the non-member must apply for membership, within three months.  The new member may not apply to relocate withing the Co-op for one year after becoming a member.

MEMBER LOAN POLICY/MEMBERSHIP FEE

 Member loans are payable before move-in by all households.  Member loans shall be $400.00 per household with the exception of member loans paid by households on subsidy, in which case the Member loan shall be determined in accordance with the following formula: 

Member loan    =          subsidized housing charge         X         $400.00

  Market housing charge 

and except that the Member loan for the persons on subsidy receiving General Welfare Assistance, Family Benefits or Gains D shall be $100.00 which shall also be the minimum Member loan permitted in accordance with the above mentioned formula.  For administration convenience any adjustment to the Member Loans shall occur once a year, at the beginning of the new fiscal year.  All applicants shall be informed by letter of the amount of their Member Loans upon acceptance for occupancy.  If income rises, members shall be expected to pay an additional Member loan in accordance with the above formula, but if income decreases, the co-op will not adjust the Member loan downward and will not rebate the difference. 

 In the event of economic hardship, the Board of directors may permit the member to pay all or part of their member loan in installments after move-in, provided that the terms of such agreement are specified in writing and further provided that in the event that the member(s) fails to meet the terms of the agreement, they shall be deemed to be in arrears. 

Immediately prior to occupancy, the applicant(s) will sign their occupancy agreement and pay the Co-op the membership fee of $5.00 per adult member. 

Member loans shall be refunded four to six weeks after move-out should the unit inspection result in the unit being in good repair.  Interest is not paid when member loans are refunded. 

DEPOSIT POLICY 

All applicants approved for occupancy shall be required to deposit $100.00 by a deadline set from time to time by the Board of Directors or its delegate.  This sum shall be credited towards their Member Loan upon move-in.  In the event of economic hardship, the Board of Directors may permit an extension of the deadline for payment of the deposit. 

Issued:  December 14th, 1992 

Revised:           June 11th, 1993 

Approved by the Board of Directors:                June 11th, 1993 

SCHEDULE AC@ 

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC. 

MAINTENANCE AND IMPROVEMENTS POLICY 

The purpose of this policy is: 

C                   to set out the respective responsibilities of the members and the Co-op for the maintenance, repair and improvement of Co-op property; 

C                   to establish guide lines concerning what repairs and improvements members may undertake within their individual units. 

The policy does not deal with the maintenance-related procedures that will be used to carry out the policy.  The Maintenance Committee (in consultation with the Board and Co-op staff) is responsible for putting in place such procedures. 

1.         GENERAL 

1.                  The Co-op is generally responsible for the routine maintenance, repair, and improvement of the buildings= interior, exterior, and grounds in order to:

1.                  ensure that buildings are structurally sound, safe and secure; 

2.                  provide property-related services and facilities to meet the needs of members; 

3.                  keep mechanical systems and appliances in good working order; and 

4.                  maintain and enhance the attractive appearance of the property. 

2.                  Members are generally responsible for the upkeep and cleaning of their units including; 

1.                  carrying out minor repairs; 

2.                  reporting maintenance problems to the Co-op promptly; 

3.                  re-decorating; 

4.                  where applicable, grounds keeping and general maintenance of private yards.

3.                  Members will be responsible for any costs resulting from repair or replacement of Co-op property which is necessitated by: 

1.                  the removal by the member of Co-op-owned property or equipment; 

2.                  undue wear and tear caused by the member; 

3.                  damage caused willfully or through negligence by the member. 

2.         UNITS

 1.                  Decorating

1.                  When members wish to re-paint their units, they will be responsible for carrying out the work, unless prevented fro doing so by illness, age or disability.  The Co-op will not require members to re-paint their units unless re-painting is necessary because of undue wear and tear. 

2.                  The Co-op will supply sufficient paint to re-paint units every four years or when there is a change of occupancy only if required.  This allowance may be claimed in installments if the whole unit is not painted at one time.  The Maintenance Committee will determine the amount of paint allowable for each size of unit. 

3.                  The Co-op will provide the paint from a selected range of types and colours.  Members will not be reimbursed for the cost of paint which they have purchased themselves. 

4.                  Members who are purchasing their own paint are expected to use reasonable discretion when choosing a paint colour.  If a dark colour is used, the cost of extra coats of paint required when repainting will be deducted from the Member Loan when the member moves out. 

5.                  Painting equipment and supplies (other than paint), e.g. brushes, rollers, thinner and dropcloths, must be supplied by the members at their own expense. 

6.                  Only surfaces previously painted may be painted. 

7.                  Members are expected to take due care when painting.  Dropcloths or similar protective coverings must be used.  Cover plates on outlets must be removed before painting, and all hardware, controls, fixtures, etc. masked before painting.

8.                  All wallpaper must be dry-strippable and must be removed when the member vacates the unit unless the member moving in has requested, in writing, that the wallpaper be left in place.  The new member will then assume responsibility for the removal of the wallpaper.  The Co-op will not contribute to the cost of wallpaper. 

9.                  Other wall finishes such as cloth, tiles, mirrors, etc. may be used only if their application will not damage the wall surface.  Any damage caused by their application must be corrected by the members at their own expense before the unit is vacated. 

10.              Texture spray, stucco or textured paint may not be applied to any wall or ceiling without prior approval of the Board. 

11.              Before vacating their unit, members are responsible for the repair of damage caused to walls and ceilings by picture hanging devices, and/or ceiling hangers, except for the usual repairs required on removal of drapery rods and hardware. 

2.                  Floors

 Members are expected, on a regular basis, to clean and maintain all flooring materials and coverings such as vinyl flooring and carpeting. 

3.                  Appliances 

1.                  Co-op-owned appliances and their accessories belonging to the Co-op may not be removed or moved from one unit to another, or replaced without prior written permission from the Co-op. 

2.                  The Co-op is responsible for maintaining Co-op owned appliances in working order and replacing them as necessary. 

3.                  Members are required, on a regular basis, to clean both the interior and exterior of their refrigerators and stoves, in accordance with the recommendations of the manufacturer.  Damage to any appliance which is caused by the failure of a member to carry out these responsibilities or otherwise caused by the member=s neglect or abuse will be repaired by the Co-op at the member=s expense.

4.                  Members may install additional appliances without consulting the Co-op provided no structural alterations are required to do so.  If structural alterations are required, they must be approved in advance, by the Maintenance Committee. 

4.                  Windows and Screens 

The Co-op is responsible for the replacement of all broken windows and torn screens.  The member will be charged for the cost of such repair if the damage is judged to be the member=s fault. 

5.                  Pest Control 

1.                  In the event of a serious pest control problem in the buildings the Co-op will have the right to take such pest control measures as it considers necessary to deal with the problem.  When determining what measures to take the Co-op will have regard for the health of members. 

2.                  Exemption to the general requirement that chemical pesticides be used in units will be allowed to members who obtain a letter from a doctor confirming an allergy or a susceptibility to these products.  Members who are exempted from the use of chemical pesticides will be required to co-operate with the implementation of an alternative method of pest control recommended by the Co-op.  Such exemptions will only apply to the member=s unit, and not to other areas of the townhouse block. 

3.                  Members must co-operate in the preparation of their units for the extermination services.  If members are incapable of preparing for extermination services, the Co-op will provide assistance. 

6.                  Locks 

1.                  The Co-op will maintain all locks on entrance doors to the individual units. 

2.                  Members may not alter the locking system of unit without written permission of the Co-op. 

3.                  If the locking system of a unit has to be changed as a result of negligence of the member, the member shall be responsible for all applicable costs. 

7.                  Hazards 

1.                  Members are not permitted to store highly flammable substances within their units.

2.                  Smoke detectors installed by the Co-op may not be painted, disconnected, or removed. 

3.                  Members must not cause electrical circuits to be overloaded. 

8.                  Move-out / Move-in Inspections 

1.                  On receipt of 65 days notice from a member of intention to vacate, the Co-op will carry out an inspection of that member=s unit.  Wherever reasonably possible, this inspection shall be done in the presence of the member(s) vacating the unit. 

2.                  On completion of the inspection, the Co-op will provide the member with a list of repairs required (if any) to bring the unit up to a condition which, in the opinion of the Co-op, is acceptable. 

3.                  Where a member is responsible for repairs, a follow-up inspection will take place within thirty days to ensure that the repairs have been completed.  If they have not been completed, the co-op will arrange for the work to be done and the member will be charged for the expenses incurred. 

4.                  The Member Loan may be applied against the costs of repairs or cleaning. 

5.                  Money on deposit will not be refunded until after the Co-op has received vacant possession of the unit. 

6.                  On move-in, a unit inspection will be carried out by the Co-op in the presence of the new member.  A report on the condition of the unit will be signed by both the new member and the Co-op. 

9.                  Annual Unit Inspections 

1.                  As part of the preventative maintenance program, the Co-op will carry out an annual inspection of all units to identify present and possible future maintenance problems. 

2.                  The Co-op will be responsible for giving each household at least 48 hours advance notice of the inspection.  The exact date and time will be mutually agreed upon by the Co-op and the member.

3.                  Following the inspection, the member will be given a list of the repairs (if any) required and a date for the follow-up inspection will be set.  If the member fails to carry out the necessary repairs, the Co-op will arrange for the work to be completed and the member will be charged for the expenses incurred. 

3.                  INTERIOR COMMON ELEMENTS 

1.                  General 

1.                  The Co-op is responsible for the routine maintenance, repair and periodic redecorating of all interior common areas (including office, laundry room, etc.). 

2.                  The co-op will carry out an annual maintenance inspection of all interior common elements. 

3.                  The co-op is responsible for maintaining and servicing all common mechanical systems and equipment (e.g. laundry room, appliances, etc.). 

4.                  The co-op is responsible for replacing lights in the common areas. 

5.                  The co-op is responsible for regular testing of all safety systems. 

6.                  Members must not permit anything to block fire exits, stairs and corridors or public thoroughfares as applicable. 

2.                  Garbage 

1.                  Large items (e.g. unwanted furniture) must be disposed of by the member. 

2.                  The co-op is responsible for the regular cleaning and spraying of the garbage hut. 

3.                  Co-op residents must place garbage in the garbage enclosure provided.  Garbage must be contained in properly secured garbage bags and residents should place the bags toward the back of the enclosure. 

3.                  Mechanical and Electrical Systems 

1.                  The co-op is responsible for the routine maintenance and repair of mechanical and electrical systems to ensure their effective functioning. 

2.                  Members are responsible for reporting any mechanical or electrical problem (e.g. leaking faucets) to the co-op as soon as detected.

4.                  EXTERIOR MAINTENANCE

 1.                  Buildings 

1.                  The Co-op is responsible for the routine maintenance, repair and improvement of the exterior of the buildings (e.g. roofing, masonry, windows, light fixtures, etc.). 

2.                  At a minimum, the co-op will carry out an annual maintenance inspection of the exterior and common areas of buildings.  Maintenance inspections of exterior and common areas of the buildings may be carried out more often, as necessary. 

3.                  The co-op is responsible for all exterior painting. 

4.                  The Co-op is responsible for periodically cleaning the exterior of all windows in the community centre. 

5.                  Members in townhouse units are responsible for periodically cleaning the exterior and interior of all windows. 

2.                  Grounds 

1.                  Co-op=s Responsibilities 

The Co-op is responsible for the following common area grounds maintenance: 

<                    routine maintenance of lawns and trees

<                    routine maintenance and improvement of driveways, steps and walkways, including repair and resurfacing of pavement, cleaning and sweeping

<                    removal of litter from lawns, walkways, driveways and play areas

<                    maintenance of exterior drains

<                    routine maintenance, repair and replacement of exterior common area lighting, including periodic relamping

<                    regular removal of snow and ice and sanding of common walkways, steps and driveways

<                    painting and staining of fences and gates (to be done solely by the Co-op in order to maintain uniform appearance)

<                    repair of damaged fences.  (The cost of repair will be charged to the member is the damage was caused by neglect or abuse)

<                    maintenance of children=s playground and equipment

2.                  Members= Responsibilities 

<                    Members are responsible for the reasonable maintenance and orderly appearance of their private yards and walkways leading to their units.

<                    Members must receive the prior, written approval of the Maintenance Committee to erect any structure (e.g. storage shed) in their backyard. 

1.                  Members must receive the prior written approval of the co-op before undertaking any alteration to their units or private outdoor space which: 

<                    involves structural changes (e.g. removing walls)

<                    requires a building, electrical or other permit (e.g. plumbing or electrical alterations)

<                    is to be left in place permanently (e.g. built-in bookcase)

<                    will affect the external appearance of the unit (e.g. erecting a storage shed)

<                    involves changes in the equipment in the unit (e.g. replacement of stove)

<                    alters the division of space in the unit. 

2.                  Application must be made to Maintenance Committee and all information requested concerning the proposed alteration must be provided. 

3.                  The Maintenance Committee is authorized, in accordance with the terms of this Policy, to approve or reject requests and to attach such conditions to approved requests as it considers appropriate.  Members may appeal to the Board of Directors if their request is turned down. 

4.                  The Maintenance Committee will establish guide lines to use when reviewing requests.  These guidelines will be designed to ensure that any alteration undertaken is safe, meets all applicable codes and regulations, does not adversely affect the future marketability of the units, will be of an acceptable quality and generally, is in the interest of the Co-op. 

5.                  If the Maintenance Committee finds it necessary to obtain an opinion from the Ministry of Housing=s Technical Section or to employ the services of a consultant in order to determine whether an improvement request should be approved, the member submitting the request will be responsible for the costs involved.  (The member will be advised of the costs and asked whether the consultant should be employed).

6.                  The Maintenance Committee may require a member to pay a deposit to the Co-op prior to undertaking an improvement.  The deposit may be held ending and returned following satisfactory completion of the work or, in the case of a temporary but major alteration, it may be held by the Co-op until the unit has been restored to its original condition. 

7.                  Members are responsible for obtaining and paying for the cost of any permits required by the local municipality.   The maintenance committee must be provided with a photocopy of any permit received. 

8.                  The Maintenance Committee may, from time to time, set standards of design, materials and quality of work for improvements which members carrying out such improvements must meet.  

9.                  Members will not be compensated for the cost of improvements to their units unless the improvements are undertaken at the initiative of the Co-op. 

10.              Fixtures in lace are the property of the Co-op.  Members may on a temporary basis, replace Co-op-owned fixtures with their own but are responsible for storing the original fixtures within their units and replacing them, in good condition, before they move out. 

If a member undertakes any alteration listed above without the prior written approval of the maintenance committee, or if, at the time of final inspection, the work is judged to be unsatisfactory, the member may be required to restore the unit to its previous condition at their own expense.

3.                  REIMBURSEMENT FOR EXPENDITURES BY MEMBERS 

The Co-op will reimburse members for maintenance-related expenditures which they have made only if they have received the prior approval of the Co-op for the expenditures.  Receipts must be provided. 

4.                  TOOLS AND EQUIPMENT 

1.                  Maintenance tools and supplies owned by the Co-op may not be borrowed or used by members for their own use. 

2.                  The Maintenance Committee will determine from time to time what Co-op equipment, if any, may be loaned to members and on what terms. 

3.                  Members will be responsible for loss of or damage to any equipment borrowed from the Co-op while in their custody, however caused.

SCHEDULE AD@

HOUSING CHARGE ASSISTANCE POLICY

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

OCCUPANCY AGREEMENT BETWEEN CO-OP AND MEMBERS 

1.                  Eligibility Requirements 

All applicants must meet the following eligibility requirements: 

1.                  Only applicants for whom the market housing charge (excluding utilities) equals more than 25% of their adjusted gross monthly household income are eligible for housing charge assistance. 

2.                  Applicants must be Canadian citizens or landed immigrants or be a refugee claimant. 

3.                  Members may not receive assistance greater than that which they qualify according to the requirements of the provincial government. 

4.                  Where one or both spouses have medically documented handicap, a couple may require separate bedrooms. 

5.                  Minimum of one person per bedroom, maximum of two people per bedroom. 

2.                  Definition of Income 

For the purpose of setting assisted housing charges, the provincial definition of income shall be used. 

3.                  Annual Verification of Income and Household Composition 

Members receiving housing charge assistance shall provide the Co-op with a signed declaration of gross income, assets and household size and composition, annually.  Each member shall promptly report to the Co-op, in writing, any change in any of the information given. 

4.                  a.         Declaration of Income

Nine months after the first payment of rent, and every twelve months thereafter, members receiving housing charge assistance shall promptly provide the Co-op with a signed declaration of gross income, assets, and household size and composition with such other supporting material as the Co-op may require.  The member agrees that the Co-o may verify all such statements and supporting material.  The Co-op will then advise the Member of any revision in the amount of his monthly housing charge arising from any change in income or family composition. 

2.                  Temporary Decrease in Income

Rent/Occupancy Charge Forgiveness 

For tent calculation purposes, should a member be or at any time during this agreement be subject to a decrease in household income the following provisions shall apply: 

Where the member is subject to a decrease in household income the member shall be entitled to receive rent/occupancy charge forgiveness.  Rent/occupancy charge forgiveness shall be used to reduce a members occupancy charge on a month to month basis, or such time period as specified by the co-operative, not to exceed a time period of 3 months.  Verification of income shall be required to extend the rent/occupancy charge forgiveness. 

The rent/occupancy charge forgiveness shall take effect in the month following notice/verification of a reduction in income.  Rent/occupancy charge forgiveness shall not be less than the minimum rent/occupancy charge as stipulated by the Ministry of Housing. 

When the member with rent/occupancy charge forgiveness experiences an increase in income, the forgiveness shall be withdrawn in the month following notice/verification of income with the occupancy charge not to exceed its original level. 

If there is no increase in income, forgiveness may be extended until the next annual income review with the member providing verification of income as required. 

3.                  Month to Month Occupancy Agreement

Temporary Income/Unsold Residential Property 

Should a member at initial move-in be in receipt of a temporary form of income, including but not limited to Unemployment Insurance, General Welfare Assistance or short term Workers Compensation, a month to month occupancy agreement shall be executed.  Should this temporary form of income be replace by a higher income from another source during the twelve month period, a member=s Housing Charge may increase with a sixty day written notice.

Should a member at the time of his/her Housing Charge review be in receipt of a temporary form of income, including but not limited to Unemployment Insurance, General Welfare Assistance or short term Worker=s compensation, the Housing Charge may increase during the twelve month period with a sixty (60) day written notice should this temporary form of income be replaced by a higher income from another source. 

Should a member at initial move-in have unsold residential property, a month to month occupancy agreement shall be executed.

 4.                  Yearly Occupancy Agreement 

A yearly occupancy agreement shall be executed by those members receiving Housing Charge Assistance whose income is earned from a permanent source.  The member=s Housing Charge shall only be increased at the time of the next annual review. 

5.                  Waiting List

 1.                  Internal Waiting List 

A waiting list will be established consisting of the Co-op members who meet the eligibility requirements set out in paragraph 1. 

Priority for allocation of assistance will be based on date of application. 

The internal waiting list for assistance shall have priority over external waiting list, except where the Co-op has a vacancy which is to be filled by a referral from the Local Housing Authority in which case the referral shall have priority. 

2.                  External Waiting List 

Separate waiting lists will be maintained for applicants requiring assistance.  When housing charge assistance is available which is not required internally it will be offered to the first person on the waiting list. 

6.                  False Declaration of Income

Where a household is discovered to have falsely declared its income, or to have failed to report an increase in income, it will be required, retroactively, to reimburse the Co-op for assistance funds allocated to its account unjustifiably.  Where the household refused to reimburse the Co-op, eviction proceedings will be initiated and the Co-op reserves the right to take such actions as may be required to collect any monies due as a result of this falsification of income. 

7.                  Households Being Evicted 

Where a household is being evicted any assistance allocated will be terminated effective on the date at which the household is required to vacate its unit. 

8.                  Application, Approval and Allocation Procedures 

1.                  Households applying for assistance must complete the Co-op=s application form and provide the required proof of income. 

2.                  The co-ordinator or other Co-op volunteer designated by the board will verity that the households applying qualify for assistance, administer the assistance waiting list(s), calculate the amount required by each applicant and make a recommendation to the Board.  The Board will give final approval to all applications for assistance.  All information will be held in the strictest confidence by the Board, its representatives, agents, employees or other such authorized party. 

3.                  Housing charge assistance allocated to a household occupying a unit for the disabled shall not be allocated to applicants on the internal or external waiting list for assistance until it has been determined whether the next household to occupy the unit will require an accessible unit.  If no disabled applicant requires Housing Charge Assistance, it shall be allocated to an applicant from the waiting list, according to the provisions of this Policy.

SCHEDULE AE@

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC. 

LONG-TERM GUEST AGREEMENT 

MEMBERS(S):                        ______________________________________________________

______________________________________________________

LONG-TERM GUEST:           ______________________________________________________

ADDRESS OF MEMBER UNIT:        ________________________________________________

 I/We the undersigned have read and understand the following:

1.                  The Co-op agrees that the long-term guest can live as a part of the member=s household in the member=s unit.

 2.                  The member remains responsible for all housing charges and member=s obligations to the co-op. 

3.                  The long-term guest agrees not to break any of the terms of the member=s Occupancy Agreement or any other co-op policy or By-law. 

4.                  The long-term guest acknowledges that the co-op only allows members and their households to occupy co-op units.  The long term guest agrees to leave the member=s unit if requested to do so by the member or the co-op.  The long-term guest will be entitled to __________ weeks/months written notice when requested to leave the unit. 

5.                  The long-term guest mus immediately leave the unit when the member=s occupancy rights end. 

6.                  The long-term guest acknowledges that the unit is a member unit under the Co-operative Corporations Act and that the Landlord and Tennant Act does not apply. 

7.                  The long-term guest agrees the at the co-op can obtain credit information from any credit agency or other source as required. 

8.                  The long-term guest acknowledges that his/her income is to be included in the household income when housing charge subsidy is calculated and will provide the co-op with income verification as requested. 

LONG-TERM GUEST:           __________________________        DATE: _________________

MEMBER:                               __________________________        DATE: _________________

MEMBER:                               __________________________        DATE: _________________

CO-OPERATIVE HOMES OF PROSPERITY & EQUALITY INC.

PER:                                        __________________________        DATE: _________________

SCHEDULE AF@

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

BOARD OF DIRECTORS, RESOLUTION

TERMINATING OCCUPANCY RIGHTS

 MEMBERS(S):            ______________________    __________________________

______________________    __________________________

 UNIT NUMBER

AND ADDRESS:        __________________________________________________

Background:

DELETE

INAPPLICABLE

ITEMS

FILL IN DATE

WHICH CANNOT BE

SOONER THAN DATE

IN NOTICE TO APPEAR 

INCLUDE AS A REASON

EACH GROUND IN THE

NOTICE TO APPEAR. NOT ALL

DETAILS ARE NECESSARY.

1.         The Member(s) referred to above was/were given a Notice to Appear under the provisions of paragraph 10.03 (b) of By-law No.5 of the co-op and section 171.8 of the Co-operative Corporations Act (as amended by Bill 166; 

2.         The Member(s) (attended/did not attend) the board meeting.  A representative (attended/did not attend) the board meeting on behalf of the member. 

3.         This decision was made at a proper meeting of the board by a majority of the directors. 

Board decision: 

4.         The occupancy rights of the Member(s) in the above noted unit are terminated effective _________, 19___.  The membership of the member(s) in the Co-operative is ended on the above date. 

Reasons: 

5.        FILL IN AMOUNT, DATE, PARAGRAPH OF THE BY-LAW AND ITS NAME AND NUMBER FOR CORRECT PHRASE

 REPEAT FOR EACH ADDITIONAL REASON

 DESCRIBE WHAT WAS DONE WRONG OR PARAGRAPHS THAT HAVE BEEN BROKEN AND DATES IF APPROPRIATE 

COMPLETE IF THERE ARE CONDITIONS THE MEMBER CAN MEET TO STOP THE EVICTION 

SIGNATURE FOR THE

CO-OP: 

DATE:

Arrears: 

1.         The member(s) owe(s) the co-op housing charges in the amount of $____________ as of ___________, 20___.  This is contrary to paragraph ______ of the Occupancy By-law, By-law No. 5. 

OR 

2.         The member(s) have repeatedly paid monthly housing charges late which is contrary to paragraph ____ of the Occupancy By-law, By-law No. 5. 

Other: 

Specific: 

General:

Details: 

Further Decision: 

CERTIFIED to be a true copy of a Resolution of the Board of Directors of CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.  passed the ______day of ______________, 20___ at a duly constituted meeting of the Board of Directors, which Resolution remains in full force and effect unamended. 

__________________________________________

 

__________________________________________

SCHEDULE AG@

HOMES OF PROSPERITY AND EQUALITY INC.

 NOTICE TO APPEAR

MEMBERS(S):            _______________________  _____________________________

 _______________________  _____________________________

 UNIT NUMBER

& ADDRESS               _____________________________________________________

 The board of directors is going to consider ending your membership and occupancy rights at a board meeting.

This meeting is scheduled for _______________________, 20____, in the ______________________, Sudbury, Ontario.  The board meeting will start at _____ p.m., however you do not have to arrive before _____ p.m. 

The proposed date for ending you membership and occupancy rights is _____________, 20___.  The board may set later date. 

You may appear and speak at such meeting.  You may have lawyer or other representative speak for you.  You may present written material.  You may appeal the board decision at a general meeting of members. 

Should you choose not to vacate your unit, the Co-operative may obtain a Writ of Possession (eviction order) from a court after your occupancy and membership rights have ended.  If you do not vacate your unit, the Co-operative will also obtain a court order seeking that you pay its legal costs. 

The grounds for ending your membership and occupancy rights are as follows:

FILL IN AMOUNT, DATE, PARAGRAPH OF THE BY-LAW AND ITS NAME AND NUMBER FOR CORRECT PHRASE 

REPEAT FOR EACH ADDITIONAL REASON 

DESCRIBE WHAT WAS DONE WRONG OR PARAGRAPHS THAT HAVE BEEN BROKEN AND DATES IF APPROPRIATE

Arrears: 

1.         The member(s) owe(s) the co-op housing charges in the amount of $____________ as of ___________, 20___.  This is contrary to paragraph ______ of the Occupancy By-law, By-law No. 5. 

OR 

2.         The member(s) have repeatedly paid monthly housing charges late which is contrary to paragraph ____ of the Occupancy By-law, By-law No. 5. 

Other: 

Specific:

General

Details:

DATED this ____________ day of _____________________, 20___.

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC..

 Per: _________________________________________

(Insert Position)

SCHEDULE AH@

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

NOTICE OF EVICTION

 MEMBER(S):  ____________________        _______________________

 ____________________        _______________________

 UNIT NUMBER

& ADDRESS:  _______________________________________________

 FILL IN THE DATE OF THE BOARD MEETING AND THE DATE THE MEMBER IS TO MOVE OUT 

REPEAT THE DATE THE MEMBER IS TO MOVE OUT

TAKE NOTICE that a meeting of the Board of Directors was held on __________________, 20___ at ___________

in the City of Sudbury.  You were given a Notice to Appear to be considered at theat meeting.  The board of directors decided to end you occupancy rights in the above unit on __________________, 20___, and decided to end your membership in the Co-operative on that date.  (See the attached Board of Directors Resolution Terminating Occupancy Rights.) 

You are required to vacate your Unit on or before ______________, 20____.  If you do not, the Co-operative will start a court proceeding against you. 

Refer to paragraph 10.04 of the Occupancy By-law (By-law No. 5) and section 171.8 of the Co-operative Corporations Act (as amended by Bill 166) regarding your right to appeal this decision.

DATED this ____________ day of ______________________, 20____.

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

Per: ______________________________________________________

(Insert Position)

SCHEDULE AI@

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

 PERFORMANCE AGREEMENT - ARREARS AND LATE PAYMENT

MEMBER(S) : _________________________          _________________________

 _________________________          _________________________

 UNIT NUMBER        

AND ADDRESS:        _______________________________________________________

 INCLUDE THIS IF THE BOARD HAS DECIDED TO END MEMBERSHIP AND OCCUPANCY RIGHTS

 FILL IN THE CORRECT PHRASE 

CHANGE AND/OR ADD TO THIS LIST IN ACCORDANCE WITH THE PAYMENT TERMS

The board of directors decided to end your membership and occupancy rights at a meeting on ____________, 20__. 

You admit to the following: 

1.                  You owe the co-op housing charges in the amount of $____________ as of _____________, 20___.  This is contrary to paragraph _____ of the Occupancy By-law, By-law No. 5.                               OR                                                                             

2.                  You have repeatedly paid your monthly housing charges late which is contrary to pararagraph ____ of the Occupancy By-law, By-law No. 5. 

Any outstanding resolution to evict you is cancelled.  The co-op agrees not to end your membership and occupancy rights as long as you do the following: 

1.                  You agree to pay your entire debt on the following schedule:

1.                  $________ when you sign this Agreement. 

2.                  $________ on or before ___________,20___. 

3.                  $________ a month from then on. 

In addition, you will be responsible for paying interest as stated in the co-op=s by-laws.

2.                  You agree to pay your monthly housing charges on or before the first day of each month from the date this agreement is signed. 

3.                  You agree to make the abouve payments by certified cheque or money order.  You agree to remit these payments to the co-op office by ____p.m. on or before the agreed dates.  If any of the agreed dates is a weekend or holiday, you can make payment on the next business day. 

4.                  You acknowledge that you understand the terms of this Agreement and have had the opportunity to seek legal advice. 

5.                  You must meet all the deadlines in this Agreement.  You must not miss any of them unless you have authorization from the co-op. 

MEMBER:                   ____________________________    DATE: ______________________ 

MEMBER:                   ____________________________    DATE: ______________________ 

MEMBER:                   ____________________________    DATE: ______________________ 

MEMBER:                   ____________________________    DATE: ______________________ 

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC. 

PER:                __________________________________    DATE: ______________________

SCHEDULE AJ@

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

PERFORMANCE AGREEMENT

 MEMBER(S):  _____________________      _______________________

_____________________      _______________________

UNIT NUMBER

AND ADDRESS:        _______________________________________________

INCLUDE THIS IF THE BOARD HAS DECIDED TO END MEMBERSHIP AND OCCUPANCY RIGHTS 

DESCRIBE DETAILS OF WHAT THE MEMBER DID WRONG INCLUDING DATES

FILL IN WHAT THE MEMBER AGREES TO DO OR NOT TO DO

The board of directors decided to end your membership and occupancy rights at a meeting on _________, 20___.

You admit to the following:

Any outstanding resolution to evict you is cancelled.  The co-op agrees to end your membership and occupancy rights as long as you agree that for ________ months you:

1.                  You acknowledge that you understand the terms of this Agreement and have had the opportunity to seek legal advice.

2.                  You must meet all the requirements in this Agreement.  You must not miss any of them unless you have authorization from the co-op.

MEMBER:                   _________________________          DATE: _________________

MEMBER:                   _________________________          DATE: _________________

MEMBER:                   _________________________          DATE: _________________

MEMBER:                   _________________________          DATE: _________________

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

PER:                _______________________________          DATE: _________________

SCHEDULE AK@

CO-OPERATIVE HOMES OF PROSPERITY AND EQUALITY INC.

PET POLICY

 1.         General

Members are allowed to keep pets in the Co-op.  Pets must not interfere with other members= use or enjoyment of their units or common areas.  Pet owners must comply with all City of Sudbury By-laws governing the licensing and control of pets.  The Co-op reserves the right to disallwo any pet or variety of pet which it deems to be potentially dangerous, destructive or exotic, including, but not limited to Pit Bull Terriers.

2.         Contained Pets

Pets that are normally contained in a cage, tank or other container may be kept in reasonable quantities and have to be registered with the Co-op.  Examples of contained pets are birds, fish and small rodents.  The member shall be responsible for the cost of repairing any water damage to the Co-op from the breakage of an aquarium, howsoever caused.  Any aquarium over fifty gallons must be registered with the owner, and the mamber must provide evidence satisfactory to the co-op that the member=s insurance policy would cover any damage to the co-op property arising out of leakage or esacape of water from the aquarium.

3.         Maximum Quantities

There may not be more than one (1) cat or one(1) dog in any one housing unit, (Seeing eye dogs excluded).  Dogs and cats at no time may be bred for the purpose of sale.  In the event that a dog or cat has a litter, the member shall have three months from the birth of the litter to comply with the limit of one (1) cat or one (1) dog.  Proof of being spayed will be required within 6 weeks following the birth of the litter.  Dogs and cats must be neutered or spayed, and at no time may be used for commercial breeding purposes.  The co-op requires proof to their satisfaction that the animal has been spayed or neutered.

4.         Regisitration

1.                  All pets must be registered with the Co-op immediately upon signing the Occupancy Agreement and/or, in the case of a new pet, immediately upon obtaining same.

2.                  Each member, when registering a pet, must sign an agreement to abide by this policy and any decisions made by the Board in accordance with this Policy regarding their pets.

3.                  Proof of City of Sudbury pet licensing is required.

5.         Condition of Animals

Pet owners must protect their pets against parasites (including fleas) and diseases.  A certificate of inoculation against distemper at 3 months of age, and rabies at 6 months, must be filed with the Co-op at the time the pet is resitered and annually thereafter.

6.         Condition of Unit

Members are responsible for ensuring that, upon vacating their unit, it is left free of all fleas, ticks, or other parasites.  Should they fail to do so, at the co-op=s sole discretion, it may take whatever steps it requires to correct the problem, and the member shall be liable for all related costs whether or not he/she remains a member.  Similarly, all members are responsible for dorrecting any urine damage to the unit caused by their pets.  At the co-op=s sole discretion the co-op may repair such damage and the member shall be liable for all costs, whether or not he/she is still a member, and whether or not he/she has vacated the unit.

7.         Nuisance

1.                  STOOP AND SCOOP!  Members must clean up any mess created by their pet.

2.                  Members must repair any damage to the property of the co-op caused by their pets.

3.                  Members must control their pet to prevent any noise that disturbs other members.

8.         Control

Pets are not allowed in the Co-op Community Centre, save for dogs required to accompany members for health or medical reasons.  ( i.e.: seeing eye dogs )

Dogs and cats must be on a leash and in control of a responsible person, while in the common areas of the co-op.

Dogs and cats are allowed in the back yards of the units only if properly secured and if there is a responsible person in the unit.  PETS ARE NOT ALLOWED TO ROAM FREELY ABOUT THE CO-OP!

9.         Complaints and Penalties

1.                  Any member with a complaint about a pet should first approach the owner and try to resolve the problem.  If that is unsuccessful, the complaint should be put in writing and submitted to the Co-ordinator for submission to the Board of Directors.

2.                  When the co-op receives a written complaint about a member=s pet (s), the co-op will make a reasonable attempt to substantiate the complaint.  If the complaint is substantiated, the co-op will take appropriate action as follows:

1.                  For the first complaint, the co-op will send a written warning;

2.                  For the second complaint, a fine of $15.00 will be imposed by the co-op;

3.                  For the third complaint, a fine of $30.00 will be imposed by the co-op, and the member will be served with a Notice to Appear at a specified meeting of the Board to explain why he/she should not have to permanently remove his/her pet.

10.       Failure of a Member to Remove a Pet

This Pet Policy forms part of the Occupancy Agreement and non-compliance with any section of this Policy is a violation of the Occupancy Agreement.  Failure of a member to remove a pet when directed by the Board is grounds for termination of occupancy rights.

Issued:   January 18th, 1993

Approved by the Board of Directors:               January 18th, 1993

SCHEDULE AL@ - (an excerp from the Co-operative Corporations Act)

TO BE COPIED AND INSERTED AT THIS POINT.

SCHEDULE AL@ OCCUPIES          PAGES 61 - 64

SCHEDULE AL@ INSERTED HERE

SCHEDULE AL@ INSERTED HERE

SCHEDULE AL@ INSERTED HERE

Co-operative Homes of Prosperity and Equality Inc. 

Co-op Park (Playground) Policy 

(The park area is described as being the sanded area within the wooden barriers.) 

1.                  Park hours:  Children will be permitted to play in the park area between the hours of 9am and 9pm. 

2.                  Supervision: Children 8 years and under must be supervised by an adult at all times while in the park area. 

3.                  Guests: The children of a guest of a member are allowed in the park but must abide by the same rules as co-op children.  Members are responsible for the conduct of guests= child. 

4.                  Foul Language: Foul language will not be tolerated. 

5.                  Toys: As a safety precaution, large toys such as bicycles and wagons will not be permitted in the park area. 

6.                  Penalties: It is the responsibility of parents to ensure that their childrens= toys are collected each night. 

Any toys left overnight in the park area will be collected and placed in the community centre as follows:

1.                  The first time, toys which are left in the park area overnight will be collected and stored in the community centre for one day.

2.                  The second time, toys which are left in the park area overnight will be collected and stored in the community centre for one month.

3.                  Members continuously not following the above noted rules will be requested to appear before the Board to discuss the situation.

Passed by the Membership at a General Meeting of the Membership held on May 30th, 1995.

Co-operative Homes of Prosperity and Equality Inc. 

Co-op Common Area Policy 

This Policy pertains to toys found in the common areas of the co-op including but not limited to the park area, parking lots, apartment building and grass areas. 

Penalties:       

It is the responsibility of parents to ensure that their childrens= toys are collected each night. 

Any toys, bikes, etc., left overnight in the common areas of the co-op will be collected and placed in the collected and placed in the community centre as follows: 

1.                  The first time, toys which are left in the park area overnight will be collected and stored in the community centre for one day. 

2.                  The second time, toys which are left in the park area overnight will be collected and stored in the community centre for one month. 

3.                  Members continuously not following the above noted rules will be requested to appear before the Board to discuss the situation.

Co-operative Homes of Prosperity and Equality Inc.

 PARTICIPATION POLICY

 Co-operative Homes of Prosperity and Equality Inc., like other co-ops, operates as a community through the paid labour of its staff member and the volunteer labour of its members.  The co-op cannot operate properly without both of these elements and, therefore, the Membership of the co-op must participate in its functioning.

1.                  Each member will volunteer 4 to 6 hours per month, less than 4 hours per month shall not be acceptable.

Members are required to complete and submit to Participation Committee, through Box 500,  a Participation Report Form on the last day of each month. 

Note:    Volunteer hours over 6 per month shall not be carried over into the next month. 

Members sitting on committees must be fully committed to that committee.  They must attend all meetings and events scheduled for that committee, to the best of their ability, for no less than 4 hours per month. 

If, at one point, a committee has no scheduled activities/meetings/events, it is up to each member to attend a scheduled participation committee meeting to enquire about tasks which can be done in order to complete the 4 to 6 hour per month requirement. 

2.         The Chairperson of each committee is required to submit a Committee Meeting

Participation Report Form to the Participation Committee through box 500 on the last day of each month.  This form will outline committee meetings held during the month as well as list the names of committee members who attended each meeting.3.         As it is mandatory to attend all General Membership Meetings, attendance at these

meetings canot be included in the 4 to 6 hour per month participation requirement.

4.         Following two months of non-participation within a one (1) year peroiod, any member

who has not volunteered their minimum 4 hours per month as required will appear before the Participation committee to discuss their reasons for non-participation.  Following three months of non-participation, within a one (1) year period, the member will appear before the Board at which time eviction proceedings may commence at the discretion of the Board.

Note:    If you are unable to fulfil your monthly requirement due to vacation time, members leaving the co-op on a holiday will advise the Participation Committee or Board in Writing one (1) week prior to leaving the co-op.  This exception to the Participation Policy is not to exceed one (1) month per year.

5.         Members on a sabbatical will not be required to submit a monthly Participation Report

Form to the Participation committee during their leave.  (Note, members on sabbatical must still attend General Membership Meetings and contribute to the cleaning of the apartment building, if applicable.)

6.         The Board will attempt to appoint members to their preferred committee choice.  The

Board must appoint and remove members from committee.

7.                  It is the responsibility of each member to approach the Participation Committee in the event that they are without a specific volunteer assignment.  Members are also responsible to ensure that any task they agree to do is carried out to the best of their ability.

We have reviewed and agree to the above:

MEMBER                                                                    WITNESS

 _______________________________                      ______________________________

 _______________________________                      ______________________________

 Passed by two-thirds of the Membership at a Special meeting of the General Membership held on Thursday, January 25th, 1996.

Particiation Report Form

 Every adult member agreed to participate in the Co-operative by doing work around the Co-op, by serving on committees and/or by serving on a Board of Directors.  It is estimated that if each adult member contributes 4 to 6 hours per month that the co-op will be a safe, clean, secure and well functioning community.  In order to help the co-op monitor every member=s participation, you are required to fill in this form at the end of each month and hand it into the office.  It will help the co-op determine who is and who is not participating.  If you are having trouble finding something to do or you are not able to do the tasks that no one is signed up for, please contact the Participation Committee.  They will help you find a task that will suit you.  From tme to time there are a variety of jobs to be done in the co-op so please speak to the Participation Committee.  Should you require supplies to help you with your task, please contact the office.  (Each member of the household is required to complete their own Participation Report Form.)

 Member=s Name:        _________________________________      Unit #   _______________ 

 

Date

 

Activity

 

Time Taken

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Total time participated the Month of      ___________________,         20_________. 

Signature of Member: ___________________________        Date:    ___________________ 

Please hand into Box 500 at the end of each month.

Committee Meeting Participation Report Form

 The Chairperson of each committee is required to complete this form each month.

COMMITTEE: ________________________           MONTH OF: _____________________

=====================================================================

2 COMMITTEE MEETINGS MAY BE RECORDED ON EACH REPORT FORM

=====================================================================

DATE OF MEETING: ___________________________

 PRESENT:       _________________________________________________________________

_________________________________________________________________

_________________________________________________________________

ABSENT

W/ REGRETS: ___________________________________________________________

_________________________________________________________________

ABSENT

W/O REGRETS:          ___________________________________________________________

 __________________________________________________________________

 Signature of Chairperson:          __________________________________________

 =====================================================================

DATE OF MEETING: ___________________________

 PRESENT:       _________________________________________________________________

_________________________________________________________________

_________________________________________________________________

ABSENT

W/ REGRETS: ___________________________________________________________

_________________________________________________________________

ABSENT

W/O REGRETS:          ___________________________________________________________

 __________________________________________________________________

 Signature of Chairperson:          __________________________________________

Co-operative Homes of Prosperity and Equality Inc.

LATE PAYMENT / N.S.F. / ARREARS

POLICY

 GENERAL

 The Co-operative provides housing for its Members at cost.  It is the responsibility of each member to pay his or her fair share of the cost promptly as it becomes due.

 PAYMENT

 1.                  Housing charges are payable monthly, on the first day of each month. 

2.                  Payments must be made by cheque, money order, or certified cheque.  The co-op is not set up to handle cash payments. 

3.                  Upon giving 65 days written notice to vacate, a member mus pay the final two months of housing charges on the first of each month by way of certified chque or money order ONLY. 

4.                  Arrears are any accounts owed to the Co-op that have not been received when due. 

ROLE OF THE FINANCE COMMITTEE 

1.                  The Finance Committee will deal with the arrears. 

2.                  The Finance Committee shall appoint an Arrears Liaison from the Committee.  If a Committee Liaison is not available, the Board Liaison to the Finance Committee shall serve as the Arrears Liason. 

3.                  The Committee will meet on or just before the third Monday of each month and more often if necessary to deal with any Members in arrears.  The Co-ordinator and the Arrears Liaison will provide the Finance Committe with the necessary information prior to each meeting. 

4.                  The Committee will make reports to the board if necessary.  The report will summarize the arrangement made by the Finance committee with members in arrears to the Board of Directors on what was done to rectify the arrears.  The committee will make a recommendation to the Board for each Member asked to appear before the Board by the Committee.  The co-ordinator may be asked to prepare a report.

LATE PAYMENT / N.S.F. / ARREARS POLICY

Page -2-

__________________________________ 

REMINDERS AND NOTICES 

1.                  Reminders will be sent in writing by the Co-ordinator to each household that is in arrears on the second day of each month provided notification of special circumstances has not been made. 

2.                  If housing charges have not been received by the fifth day of the month, the Co-ordinator will sent a second notice to all those still in arrears.  The member=s name will be given to the Finance Committee and they will be requested to appear to discuss the problem.  Failure to appear will result in a recommendation to the Board for enforcement of Article 3.03 (A) of the Occupancy Agreement. 

NON-PAYMENT 

When the Finance Committee meets, it shall consider each Member then in arrears: 

1.                  If a member in arrears has contacted the Co-ordinator or Arrears Liaison in writing to explain the arrears, or is present at the meeting with an explanation, the explanation and any proposal to pay the arrears shall be considered by the Committee.  The Committee may take action as follows: 

1.                  If the Committee agrees that the member is able and willing to pay the arrears, the Committee may establish conditions under which the arrears are to be rectified and may specify further actins to be taken if any of the conditions are not met. 

2.                  In all other cases the Committee may recommend that the member may be served a notice to appear before the Board. 

2.                  Where a member has made arrangements with the board or the committee to pay the arrears, and where the conditions of payment are not being met, the procedure for donsiderations of termination of Membership and Occupancy may commence at a meeting duly called by the Board of Directors. 

3.                  Where a member has not made arrangement to pay the arrears and does not offer any explanatin to the Committee, the member will automatically be served a notice to appear before the Board of Directors. 

LATE PAYMENTS 

Payments not received ty the Co-ordinator are subject to a lated payment fee of $10.00 after the 5th day of notification.  This charge will be levied at the time that the second notice is sent out. 

RETURNED CHEQUES (N.S.F.) 

If a member=s cheque to the Co-op is returned by the Bank or Credit Union, the member shall be required to pay a service charge of $25.00 to the Co-op.  The member shall be treated as though he or she is in arrears and the late payment fees shall be levied agains the member.  Further action may be considered by the Finance Committee for repeated offences.  Certified cheques or money orders will be enforced for six months and will be required for all payments if a member=s cheque is returned N.S.F. more than once in a one year period. 

BAD DEBTS 

1.                  Bad debts are the arrears of members who move out still owing money to the Co-op.  The Board of Directors will deal with the arrears matters through Small Claims Court or a Collection Agency. 

2.                  At the end of the fiscal year, any debt older than six months will be written off but will remain collectable by the Co-op. 

SMALL CLAIMS COURT / COLLECTION AGENCY 

For some debts, the Co-op may wish to sue the member for money without terminating occupancy rights.  Small Claims Court may be used for such debts if possible.  Any debt the Small Claims Court can not handle will be put in the hands of a Collection Agency. 

We have reviewed and acknowledged the above: 

MEMBER                                                                  WITNESS 

________________________________                   _________________________________ 

________________________________                   _________________________________ 

Passed by two-thirds of the Membership at a meeting of the General Membership held on Wednesday, July 3rd, 1996.

Co-operative Homes of Prosperity and Equality Inc.

 INTERNAL TRANSFER POLICY

 Members requesting an internal transfer must complete a Request for Transfer form, and have an Attending Physician=s Report form completed by their physician, if applicable.  Samples of both forms are attached to this policy and are available in the co-op office. 

TRANSFER CRITERIA 

Summary 

A member may request a transfer for his/her current residence to another unit:

- within the project. 

The transfer may be granted if all transfer eligibility criteria listed below have been met. 

Member Transfer Criteria 

The member requesting the transfer should meet all the conditions outlined. 

1.                  Be living in a present rent-geared-to-income (RGI) accommodatin for 12 consecutive months. 

Note:   This condition is not applicable in extenuating circumstances (e.g., medical         problems). 

2.                  Be up-to-date in rent / occupancy charge payments for a minimum of 6 consecutive months. 

3.                  Have a valid reason for the transfer along with appropriate documentation. 

4.                  Meet the eligibility criteria. 

Eligibility rules should be followed as closely as possible. 

Note:   The Board of Directors may exercise a degree of discretion in some cases, after considering each situation on its individual merit (s) or the case may be brought to the membership for a final decision. 

Waiting List 

Eligible members are placed on a waiting list by approval date and area of preference.

Internal Transfers 

The co-operative is responsible for screening and approving the member requesting the transfer. 

They are also responsible for notifying the member of their decision, in writing. 

Former members with outstanding rental arrears are NOT given consideration until arrears hav been PAID IN FULL. 

REASONS FOR TRANSFER REQUEST 

Summary 

Members must provide valid reasons when wishing to transfer from their current residence. 

Requests for the following reasons will be considered: 

1.         MEDICAL 

If an alternative accommodation is required due to health problems, the member must be medically assessed to establish: 

- the nature of the problem; 

- the degree of severity; 

- that physical health has declined (or is adversely affected) in the current           accommodations. 

2.         UNDER / OVER HOUSING 

Underhousing 

A member is eligible for a transfer to other accommodations when: 

- the number of ersons in the household exceeds the occupancy standards, or 

- the member has medical problems that require relocation to a larger-sized unit. 

Overhousing 

Households which are occupying more space than required will be required to transfer to a smaller unit in accordance with the occupancy standards.

3.         IRRECONCILABLE MEMBER DISPUTE 

The dispute from living in the current surroundings must be severe or an unusual case. 

Note:   Each case will be reviewed on its own merit. 

The member must provide documentation: 

- verifying action taken to overcome the difficulties; and, 

- demonstrating and supporting that a change in location will resolve the member=s        problems. 

4.         OTHER 

The Co-operative may receive other requests for transfer. 

If the request is reasonable, it will be presented to the Membership Selection Committee and the Board of Directors for consideration.  The final decision will be documented accordingly. 

Note:   The Board and Membership Selection Committee will ensure that the basis upon which transfers are granted is consistent. 

SUPPLEMENTARY CRITERIA 

Housing charge payment Habits 

A member canot be in arrears within the last six months. 

A review of any extenuating circumstances giving rise to arrears, will be conducted.  (If there are arreaars, even in extenuating circumstances, a presentation to the membership selction committee is required.) 

Housekeeping 

Housekeeping must be at least average: no willful or negligent damages caused by the member should be present in the unit.

NOTE:

 BEFORE THE INTERNAL TRANSFER REQUEST IS PRESENTED TO THE BOARD BY THE MEMBERSHIP SELECTION COMMITTEE AND/OR CO-OP OFFICE FOR APPROVAL, A UNIT INSPECTION IS TO BE COMPLETED BY THE MAINTENANCE COMMITTEE AND/OR BOARD, WITH ONE BOARD MEMBER PRESENT.  THE MEMBER WILL BE RESPONSIBLE FOR ANY DAMAGES, REPAIRS AND/OR CLEAANING REQUIRED IN THE UNIT PRIOR TO THE TRANSFER.

 A SECOND UNIT INSPECTION WILL TAKE PLACE ON THE DAY OF THE MOVE-OUT WITH THE MEMBER, MAINTENANCE COMMITTEE AND/OR BOARD, AND ONE BOARD MEMBER PRESENT. 

SHOULD THE TRANSFER TAKE PLACE WITH DAMAGES, REPAIRS AND/OR CLEANING REMAINING OUTSTANDING, THE MEMBER SHALL BE HELD RESPONSIBLE.  ALL COSTS FOR THE DAMAGES, REPAIRS AND/OR CLEANING WILL BE ADDED TO THE MEMBERS HOUSING CHARGES AND THE MEMBER MAY BE REQUIRED TO SIGN A PERFORMANCE AGREEMENT.

We have reviewed and acknowledge the above:

MEMBER                                                                    WITNESS 

_______________________________                      _______________________________ 

_______________________________                      _______________________________ 

Passed by two-thirds of the Membership at a meeting of the General Membership held on:

Sunday, March 9th, 1997.

example of: 

REQUEST FOR TRANSFER FORM

 to be inserted here.