Bylaw Number One: Governance
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1.1 Definitions
In Bylaw Number One of the Cooperative, the following meanings shall apply:
.1 “Act” means the Cooperatives Act .S.A. 2001 Chapter c-28.1, as amended and any Act passed in substitution therefore;
.2 “Arrears” non – payment of any charges, dues or levies properly payable by the member to the Co-op.
. 3 “Board” means the Board of Directors of the Cooperative and “Directors” has the same meaning;
.4 “Business Day” means a Day other than Saturday, Sunday or statutory holiday;
.5 “Child” means a human being who is less than 18 years of age.
.6 “Consent” means permission, in writing, for the Cooperative to collect, use or disclose the personal information specified for an identified purpose. Consent may not be gained by deception.
.7 “Cooperative” means Davidson Creek Housing Co-operative.
.8 “Cooperative Principles” means the cooperative principles as defined in the Act as it shall be amended from time to time and shall also include the cooperative principles adopted by the International Cooperative Alliance as they shall be amended from time to time.
. 9 “Day” means a clear day and a period of days shall be deemed to commence the day following the event that began the period and shall be deemed to terminate at midnight on the last day of the period, except that if the last day of the period falls on a day other than a Business Day, the period shall terminate at midnight on the day next following that is a Business Day;
.10 “General Meeting” means any Regular, Annual, Special or Emergency Meeting of the Members;
.11 “Good Standing” means:
a. not being in arrears
b. having entered into an agreement with the Cooperative for the repayment of such arrears, or
c. not having been in such arrears more than 2 times in the preceding twelve month period, and
d. having a fully paid up Membership Share Capital Account or
e. having entered into an agreement with the Cooperative for the payment of the Membership Share Capital Account
.12 “Housing Unit” means a self-contained housing unit
.13 “Majority” means the number greater than half of any total.
.14 “Member” means a person or persons who has met the conditions of Membership set forth in these Bylaws and has been accepted as a Member by the Cooperative and includes “Joint Member.”
.15 “Member File” means the collection of personal information the Cooperative has on an individual and may include the membership application, subsidy applications, financial information including arrears and promissory notes, complaints about the Member and opinions. This information may be physically distributed in more than one file and includes personal information stored on computer.
.16 “Membership Share” means the Class A share in the capital stock of the Cooperative purchased by the Member .
. 17 “Personal Information” means the information, recorded or not, about an identifiable individual. The definition of personal information does not include business contact information .
. 18 “Policy” means a Policy of the Cooperative created in accordance with the Bylaws and includes “Policies”;
.19 “Share” means a Class A Membership Share .
. 20 “Share Subscription and Housing Agreement” means an agreement between the Cooperative and the Member by which the Member subscribes for Membership Shares in the capital stock of the Cooperative and whereby the Cooperative agrees to grant the right of occupancy to the Member in accordance with the Articles of Incorporation, the Bylaws and Policies.
.21 “Special Resolution” means a resolution that is submitted to a meeting of the Cooperative or a meeting of the directors and passed at the meeting by at least 2/3 of the votes cast.
.22 “Year” means calendar year unless the context otherwise requires.
1.2 The words “herein” and “hereof” when used in any article or part of the Bylaws relate to the entire Bylaws and not to that article or part only.
1.3 The headings of these Bylaws are for convenience of reference only and do not form any part of it and in no manner modify, interpret or construe the Bylaws between the parties.
[S. 31 (1) (2)]
2.1 Design and use of corporate seal
The Cooperative shall have a corporate seal, in a design to be determined by the Board of Directors. Except as otherwise provided in these Bylaws, the seal shall be authenticated by the signatures of any two (2) of the following directors, President, Secretary, or Treasurer, or by such other persons as the Board of Directors may from time to time designate.
[S.103 (1), (3)]
No certificates
The Cooperative shall not issue share certificates.
[S.103 (4)]
4.1 Form of membership certificate
The form of the membership certificate is to be determined by the Board. Membership certificates are to be signed and sealed by the President or such other Director as the Board may from time to time by resolution determine.
5.1 Signatures for documents
Except for membership certificates, all documents to be executed by the Cooperative shall be signed by the President and Treasurer or such other two Directors as the Board from time to time may by resolution determine.
[S.102 (1), 392 (2a)]
6.1 Purchase of Shares
Membership in the Cooperative will be based on Class A Membership Shares which shall be unlimited in number with a nominal par value of 25 dollars ($25) each.
Each Member shall, either individually or jointly with one or more Members, subscribe for 40, Class A Membership Shares.
6.2 Payment for Shares
Payment Plan
Shares may be paid for:
a. $950.00 outright at the time of purchase, or
b . $1000.00 by installments as may be approved by the Board of Directors.
6.3 Membership register [S 28 (1)(d)]
The Cooperative shall keep a register of Members in which it shall enter the name and address of the Member, the number of Membership Shares held by the Member, the date the shares were issued and the date the shares were cancelled.(40)
6.4 Repurchase of Membership Shares
The owner of a Membership Share in the Cooperative may dispose of that Share only to the Cooperative and any other disposition is void. The price paid by the Cooperative to the owner will be equal to the price the owner paid to the Cooperative at the time the owner purchased the Share.
Subject to Section 128, 131 and 307 of the Cooperatives Act, the Cooperative shall repurchase the Membership Shares within 2 full calendar months of the withdrawal or termination of the membership and the receipt of the endorsed Share certificate, if such certificate was issued.
6.5 Lien [S. 107 [(1) (2))
The Cooperative shall have a lien on the Shares of a Member, on any Member loan or any amount standing to the credit of a Member or that Member’s legal representative for a debt of that Member due to the Cooperative and the Cooperative may set off a sum credited to that Member in or towards payment of the debt.
[S.32, S 33(1)(a) &(c), 392 (I) Reg S. 45(a)&(b)]
7.1 Number of Members per Household
Only one membership per household
7.1.1 No more than one person living in the Home may be a Member of the Cooperative.
7.2 Application Process
7.2.1 Any person, over the age of 18, wishing to become a Member of the Cooperative must apply in writing and provide the Cooperative with such other information as might be required by the Cooperative. The written application together with any other information required by the Cooperative shall be called the Application.
7.2.2 The Cooperative may accept or reject the application. Subject to laws of general application as to discrimination, the Cooperative may refuse membership if, in the opinion of the Cooperative:
a. the applicant does not intend to reside in the Housing Unit;
b. the applicant cannot use the services of the Cooperative;
c. The applicant is applying to be a Joint Member with persons who are already Members and does not have the written consent of those Members to their application;
d. the applicant will not agree to abide by the Articles of Incorporation, Bylaws and Poμcies of the Cooperative;
e. the presence of the applicant would be detrimental to the well-being of other Members of the Cooperative;
f. such rejection is in the best interests of the Cooperative
7.2.3 All applicants shall be in general agreement with the objectives of the Cooperative and the Cooperative Principles and shall agree to abide by the Articles of
Incorporation, Bylaws and Policies of the Cooperative as those shall read from time to time.
7.2.4 No Application may be accepted without the approval of the Board of Directors of the Cooperative.
7.2.5 An approved applicant becomes a Member of the Cooperative once that person has:
a. complied with the requirements for membership set forth in the Articles of Incorporation;
b. purchased such number of Membership Shares in the Cooperative, either individually or jointly; as required by 6.1 and in accordance with 6.2 of this bylaw;
c. executed a Share Subscription and Housing Agreement;
d. complied with such other terms and conditions as may from time to time be established by the Cooperative
7.3 Appeal Procedure
If the Board of Directors should refuse an Application, it shall notify the applicant in writing of the rejection and that he or she has fifteen (15) days after the date of the issuance of the notification to appeal the decision. The appeal shall be in writing. Any such appeal shall be referred to the General Membership.
The quorum for a meeting to hear an appeal shall be greater than 50 % of the Members.
After hearing the appeal, the Members may by Special Resolution of 2/3 quash the decision of the Board.
7.4 Joint Membership [S 33(3)&(4)]
Joint Membership, One Voter
7.4.1 The holders of a jointly held membership collectively have one vote. Any one (1) of such persons may vote at any meeting as if they were solely entitled thereto, the holders of a jointly held membership collectively have one vote.
7.4.2 Unless all the individuals indicate a different intention, where a share or a membership in the Cooperative is held jointly, it is deemed to be held as a joint
tenancy. Indications to the contrary must be made in writing by all those appearing as joint owners of the share or membership and must be delivered to the Secretary of the Cooperative who shall so record it in the Share Register and file the intention with the corporate records.
7.4.3 Those who jointly hold shares or memberships are jointly and severally liable for all assessments, levies, dues, fees, payments and other charges imposed or payable with respect to membership in the Cooperative and all those who wish to jointly hold shares must sign the Share Subscription and Housing Agreement.
7.4.4 An application to withdraw from joint membership in the Cooperative must be signed by all persons comprising the Joint Membership. Upon acceptance of the notice to withdraw, the Cooperative may issue a new membership to some of the persons who previously comprised a joint membership, without those persons having to be approved again as members.
7.4.5 If one or more of the joint members should die, unless otherwise specified by the deceased executor, the remaining joint members shall retain the membership.
7.5 Rights and Obligations of Members [Reg. S. 45{c)]
Members shall be in general agreement with all objects of the Cooperative and shall abide by the Articles of Incorporation, Bylaws, Policies, decisions, and other agreements between the Member and Cooperative. Members shall participate in the affairs of the Cooperative by attending General Meetings of the Cooperative and by otherwise contributing to the operation of the Cooperative. Members shall pay when due any fees, charges, levies approved by the Cooperative in order to develop, maintain and operate the Cooperative. The General Membership may establish reasonable financial penalties of general application for any breach of the Bylaws, Policies and other agreements with the Cooperative and may deduct such amount from the Share Capital Account of any Member who thereafter commits such breach.
7.6 Auxiliary Members [Reg. S. 45 (d)]
The Cooperative does not have Auxiliary Members
7 .6.1 The Cooperative will not have any auxiliary members.
7. 7 Dispute Resolution [S. 392(2)(b)]
Board to Resolve Disputes
7. 7 .1 The Board (or a sub-committee of the Board) shall be responsible for dealing with disputes between
a. the Cooperative and a Member; and
b. disputes between Members, provided the Board believes it is appropriate that it deal with the dispute. The Board has the authority to bring in outside mediators.
7.7.2 The Cooperative shall put in place a policy that defines what disputes the Board is authorized to deal with.
7.7.3 The Cooperative shall ensure that Board Directors, who require it, can access training in problem solving and dispute resolution. Such training should be
reasonable in terms of the task of the Directors and the financial situation of the Cooperative.
7.7.4 Parties to the dispute should first try to resolve any dispute that may arise between them. If all parties to the dispute are in agreement, they may appoint a qualified professional mediator who is not a Member of the Cooperative to assist them in reaching an agreement. The costs of the mediation shall be shared proportionately by the parties to the dispute. The proportions shall be determined as part of the mediation.
7.7.5 If parties to a dispute are unsuccessful in reaching an agreement, any party to the dispute wanting the Board to address the dispute shall put the request in writing to the Board.
7.7.6 Within 7 days of receipt of such a request in writing detailing the nature of the dispute, the Board shall meet to review the request.
7.7.7 The Board shall initiate whatever action it deems appropriate to reach an agreement between the parties in dispute within a reasonable time frame. The parties to the dispute along with the Board shall set a time frame.
7.7.8 The Board shall, in writing, inform the parties involved in the dispute of its proposed actions to res0lve the dispute.
7.7.9 The Board shall meet with the parties involved in the dispute to reach an agreement between the disputing parties. If all parties are in agreement, the Board may bring in an outside mediator, the costs of which will be shared proportionately by the parties to the dispute.
7.7.10 If the Board determines that an agreement cannot be reached, it shall so advise the parties to the dispute.
8.1 Transfer of Membership
Membership in the Cooperative is not transferable.
8.2 Withdrawal from Membership
Any Member who intends to withdraw from membership shall deliver a written notice to that effect to the Cooperative two full calendar months before the first day of the month that the Member will vacate the Home.
8.3 Termination of Membership for Cause without Appeal [S. 395(1), 396 (1), S. 398]
8.3.1 The Cooperative shall not terminate the Membership of a Member except for cause, as set out in the Act.
8.3.2 A resolution to terminate the membership on the grounds set out in 8.3.3 requires a resolution of at least 3 / 4 of the Directors at a meeting of the Directors called for the purpose of considering the resolution.
8.3.3. The Board of Directors need give only three (3) days notice in writing to a Member before a meeting to consider their termination of membership if the Member
a. failed to pay housing charges or other money due to the Cooperative,
b. vandalized or destroyed property belonging to the Cooperative,
c. used the Housing Unit for activities contrary to law,
d. threatened the safety of Members of the Cooperative,
e. is a physical danger to the Members of the Cooperative or other residents, or
f. contravened a bylaw regulating the leasing of a self-contained Housing Unit to a non-Member
8.3.4 The notice to the Member must include:
a. the resolution to be considered at the meeting;
b. a statement of the grounds for termination of the membership;
c. the date, time and place of the Directors meeting to consider the resolution;
d. a statement that there is no right of appeal of the Member from a resolution passed by the Board of Directors; and
e. the effective date of the termination.
8.3.5 A Member may appear personally or by agent or counsel to make submissions at the meeting referred to in 8.3.2.
8.4 Termination of Membership for Cause with Appeal [S. 396 (1), S.397]
8.4.1 The Cooperative shall terminate the Membership of a Member except for cause as set out in the Cooperatives Act.
8.4.2 A resolution to terminate the membership on the grounds set out in 8.4.3 requires a resolution of at least 3/4 of the Directors at a meeting of the Directors called for the purpose of considering the resolution.
8.4.3 The Board of Directors must give at least 14 days notice in writing to a Member before a meeting to consider their termination of membership if in the opinion of the Directors,
a. the Member has either breached a condition of an agreement between the Member and the Cooperative or contravened a bylaw respecting
i. possession or occupancy of the housing unit, or
ii. the use of the property connected to the Housing Unit and has failed to remedy the breach or contravention within a reasonable time of receiving a written notice from the Cooperative to do so;
b. the Member has, on more than one occasion, contravened the bylaws of the Cooperative and the contraventions have continued to occur after written notice of the contraventions has been given to the Member by the Cooperative.
8.4.4 Once the Board of Directors has given the Member notice, it cannot withdraw the notice.
8.4.5 The notice to the Member must include:
a. the resolution to be considered at the meeting;
b. a statement of the grounds for termination of the membership;
c. the date, time and place of the Directors meeting to consider the resolution;
d. a statement that there is a right of appeal to the General Membership from a resolution passed by the Board of Directors; and
e. the effective date of the termination.
8.4.6 A Member may appear personally or by agent ot counsel to make submissions at the meeting referred to in 8.4.2.
8.4.7 The Cooperative must give written notice to the Member whose membership has terminated within 7 days of the resolution passed.
8.4.8 A Member whose membership is terminated by a resolution of the Directors may appeal the decision by filing a written notice of appeal with the Cooperative within 7 days of the receipt of the notice given under section 8.4. 7.
8.4.9 The appeal must be heard at the next General Membership meeting.
8.4.10 The quorum for a meeting to hear an appeal shall be greater than 50 % of the Members. If quorum cannot be reached, the appeal shall be deferred to the next
general meeting.
8.4.11 After hearing the appeal, the Members may by a[n] special resolution of 2/3 quash the decision of Board.
8.5 Repurchase of Membership Share [S. 392 (2)(d); S.37]
8.5.1 Subject to the provisions of the Act, the Cooperative shall purchase at par value from the withdrawing Member or the Member whose membership has been
terminated, the Class A Membership Shares of the Cooperative held by the Member in accordance with Clause 6.
8.5.2 The value of the Member’s interest in the Cooperative shall be the total of all Class A Membership Shares, minus any outstanding amount owed by the Member to the Cooperative.
[Reg. 27 (2)]
9.1 Regular General Meetings
9.1.1 A General Meeting of the Members of the Cooperative may be called at any time by the Board of Directors.
9.1.2 A General Meeting of the Cooperative may be called by any three (3) Board Directors.
9.2 Annual General Meeting
The Annual General Meeting of the Cooperative shall be held within one hundred and twenty (120) days of the fiscal year end at such hour and place as may be determined by the Board of Directors.
9.3 Special General Meetings
9.3.1 Where the Boa!d of Directors determines by a fifty percent (50%) majority vote of those Directors in attendance at a duly called Board of Directors meeting, that a meeting of the membership of the Cooperative is required to deal with a specific item upon shorter notice than is required for a Regular General Meeting, then the Board may call a Special General Meeting.
9.3.2 The Board of Directors must call a Special General Meeting of the Cooperative whenever requested in writing to do so by twenty percent (20%) or more of the
Members. Any such written request must state clearly the nature of the business to be transacted at such meeting.
9.3.3 If the Board of Directors does not call a Special General Meeting within seven (7) days of receipt of such a request, to be held within 30 days of the receipt of the request, the Members making the written request or any other Members of the required number may themselves call a meeting of which notice shall be given in
accordance with Clause 9.5.
9.4 Emergency General Meetings
9.4.1 Where the Board of Directors determines by a fifty percent (50%) majority vote of those Directors in attendance at a duly called Board of Directors meeting, that a meeting of the membership of the Cooperative is required upon shorter notice than is required for a Regular General Meeting, then the Board may call an Emergency General Meeting.
9.4.2 The Board of Directors must call an Emergency General Meeting of the Cooperative whenever requested in writing to do so by twenty percent (20%) or more of the Members. Any such written request must state clearly the nature of the business to be transacted at such meeting.
9.4.3 If the Board of Directors does not call a Emergency General Meeting within forty eight (48) hours of receipt of such a notice to be held within 3 days of receipt of the request, the Members making the request or any other Members of the required number may themselves call a meeting of which notice shall be given in accordance with Clause 9 .5.
9.5 Notice
9.5.1 At least fourteen (14) days notice of every Annual General Meeting and Regular General Meeting at which the annual budget and monthly coop fees are to be
considered, and at least seven (7) days notice of every Regular General Meeting, at least three (3) days notice of a Special General Meeting and at least one (1) days
notice of an Emergency General Meeting shall be given to each Member, which notice shall state the hour, date, place, and agenda of the meeting. The budget and
proposed monthly fees shall be included with the notice of the meeting to approval the budget and monthly fees, or bylaw revisions, policy changes, financial resolutions.
9.5.2 The agenda may be amended by the Members prior to its approval by resolution. Once approved, only items listed on the approved agenda may be considered unless the agenda is amended by a two thirds (2/3) majority of the Members present.
9.6 Quorum [Reg. 34]
Different Quorums for Different Kinds of Meetings.
9.6.1 The quorum for any General Meeting shall be twenty five percent (25%) of the Members present in person except those listed in 9.6.2.
9.6.2 The quorum for any General Meeting at which:
a. a termination of membership resolution is being considered shall be fifty percent (50%) of the Members
b. a resolution to dissolve the Cooperative is being considered shall be ninety percent (90%) of the Members.
c. a resolution to change the corporate form is being considered shall be ninety percent (90%) of the Members.
d. a resolution to acquire or sell real property is being considered shall be ninety percent(90%) of the Members.
e. a resolution to reconsider a rejected Membership application is being considered shall be fifty percent (50%) of the Members.
9.6.3 At all General Meetings, other than those meetings listed in 9.6.2, if no quorum, as set out in 9 .6.1 hereof, exists within 15 minutes of the time set for the
commencement of the meeting, no business may be transacted except that those Members who are present may:
a. pass a resolution authorizing the Board of Directors to make decisions with regards to specific issues on the agenda;
b. set the hour, date, place and agenda of the next General Meeting which notice shall be delivered in accordance with the notice requirements set out in 9.5 herein and which shall comply with the same notice requirements as were set for the meeting for which no quorum was present.
9.7 Order of business
9.7.1 The business for the Annual General Meeting shall include:
Call to order
Adoption of Agenda
Adoption of minutes from the previous Annual General Meeting
Report of the Board of Directors and Committees
Financial Report
Disposition of Surplus/Deficit
Appointment of Auditor for the coming year
Nominations and election of Board of Directors
Adjournment
9.7.2 At all other meetings of the Cooperative, the agenda shall be that approved at the meeting.
9.8 Rules of order of membership meetings
9.8.1 Business at all membership meetings shall be conducted according to the rules of order adopted by resolution of the General Membership.
10.1 Each Member to have one vote
Regardless of the number of Shares held, each Member shall have only one (1) vote on any question that may come before any meeting of the Members of the Cooperative, and this vote must be cast by the Member, either in person, by ballot.
10.2 Tie vote
If a vote is tied the motion shall be declared defeated.
10.3 Chair to vote
Any Member who chairs a meeting of the Cooperative does not lose their right to vote by virtue of being chair but, if entitled to vote, the chair must cast their vote at the same time as the other votes are cast. The chair is not entitled to a tie breaking vote in the event of a tie vote.
10.4 Voting by ballot
10.4.1 Should any Member wish a vote by ballot, that Member shall so indicate to the Chair. Before the Chair allows the question of vote by ballot to be decided by the meeting, the Chair shall ensure that:
a. No Member present wishes to amend the Resolution. Should any Member wish to amend the Resolution, he or she shall do so and the Members are to vote on the amendment at that meeting.
b. The Resolution has been debated by the Members present at the meeting so that both supporters and opponents of the Resolution have had a fair chance to present their cases.
10.4.2 A General Meeting may decide that any resolution before it is to be put to a vote by ballot that is to be held outside of the meeting, using either a paper or electronic ballot. Any General Meeting that agrees to a vote by ballot must also create a committee to administer the vote and must decide or refer to the committee to decide: [Reg. ~9]
a. the date of the vote;
b. the place or places of the ballot box;
c. the time or times that voting shall be allowed;
d. the form and provision of the ballot;
e. the time and method of counting of the ballots;
f. any other questions relevant to the vote by ballot.
10.5 Notice of motion
Unless the Members at a General Meeting decide otherwise, no resolution, motion or proposal shall be voted upon unless a notice of motion was provided to the Members along with the notice for the meeting.
[S. 50]
11.1 Composition of the Board and terms of office
11.1.1 The Board of Directors shall consist of not less than eight (8) nor greater than ten (10) directors.
11.1.2 Directors shall be elected for a term of two (2) years or until their successors are duly elected except that at the first General Meeting at which Directors are elected, all Directors shall be elected to serve until the first Annual General Meeting.
11.1.3 One half of the Directors terms shall expire each year.
11 .1.4 At each Annual General Meeting, the membership shall elect a number of Directors to fill the positions of those whose terms have expired.
11.2 Eligibility for election to the Board of Directors [S. 52, Reg. 45 (f)]
11.2.1 A Member must be in Good Standing to be eligible for election to the Board of Directors.
11.2.2 Except as hereinafter provided, any Member shall be eligible to be elected or re-elected as a Director of the Cooperative.11.2.3 Except with the approval of a General Meeting, no Member of the Board of Directors can be party to a contract for profit with the Cooperative.
11.2.4 Except with the approval of a General Meeting, no Member of the Board of Directors can become an employee of the Cooperative.
Limitation On Term
11.2.5 Directors may serve for a maximum of two (2) consecutive terms. Directors who have stepped down after having served for two consecutive terms may stand for election to the Board at the next Annual General Meeting following the Annual General Meeting at which their term expired.
No More Than One Person from A Housing Unit
11.2.6 There shall be no more than one (1) Director from any Housing Unit.
Electing the Board by Position
11.3 Nomination and Election of Board of Directors
The Board of Directors shall be comprised of a President, Vice President maintenance, Vice President membership, etc, Treasurer, Secretary and Directors at Large. The membership shall fill the positions of President, Vice President maintenance, Vice President membership, etc, Treasurer and Secretary prior to filling the positions of the Directors at Large.
Having A Nominating Committee
11 .3.1 The following provisions shall apply to the nomination and election of the Board of Directors:
a. At least two months prior to the Annual General Meeting, the Cooperative shall appoint a Nominating Committee. The Nominating Committee shall seek candidates who will run for the various positions on the Board of Directors.
b. The Nominating Committee shall present its report to the Annual General Meeting.
c. Nomination for the various positions on the Board of Directors may also be made by any Member present at a general membership meeting.
d. Any nominee must signify their acceptance of the nomination either by voice or in writing.
e. The election of members to the Board of Directors shall be by secret ballot.
f. Three (3) scrutineers, who are not nominees, shall be appointed by the members for the purpose of collecting and counting the ballots, and declaring the results of the election for the Board of Directors.
g. In case of a tie between or among nominees, their names shall be submitted to a second (2nd) ballot.
h.Should the number of nominees after the nominations are declared closed, be equal to or less than the number of Director’s positions open, the Chair shall declare the nominees to have been elected by acclamation and shall call for a motion to ratify the acclamation.
11.4 Vacancies
11.4.1 In the event of a vacancy occurring on the Board of Directors, the Board may appoint an eligible Member to fill the vacancy until the next General Membership Meeting when, if the term of the original Director has not expired, the Members shall elect a Director to hold office for the remainder of that term.
11.5 Disqualification of Directors
11.5.1 The office of Director, President, Vice-President, Secretary or Treasurer shall be automatically vacated for the following reasons if:
a. the Director ceases to be a Member of the Cooperative;
b. by notice to the Cooperative in writing, the Director resigns the office;
c. the Director becomes bankrupt under the Bankruptcy Act (Canada)
d. the Director is subject to a certificate of incapacity issued under the Dependent Adults Act;
e. the Director is convicted of an indictable offence for which the Director is liable to imprisonment for a term of not less than two years
11.5.2 The Board of Directors may by resolution cause the office of Director, President, Vice-President, Secretary, or Treasurer to be vacated for the following reasons: [S. 52 (2)]
a. If the Director is absent from three (3) consecutive regular meetings of the Board of Directors, unless the Director has provided a reason for the absence that is acceptable to the other Directors.
b. If the Director ceases to be a Member in Good Standing.
c. If the Director refuses to execute the Ethical Conduct and Confidentiality Agreements.
d. If the Director refuses to attend Board of Director education courses.
e. If the Director fails to carry out their obligations under the Ethical Conduct and Confidentiality Agreements.
11.6 Officers
Electing the Board by Position
The principal officers of the Cooperative shall be the President, Vice-President maintenance, Vice President membership etc. Secretary and Treasurer as elected by the membership at the Annual General Meeting.
11.7 Board Director obligations
11.7.1 At the first meeting of the Board of Directors after the Annual General Meeting, all Directors shall execute an Ethical Conduct and Confidentiality Agreement, as approved by the Members at a General Meeting.
11.7.2 All Board Directors have an obligation to inform themselves with regard to the management and operations of the Cooperative and as such shall attend at least one Board education course each year provided to the Cooperative.
11.7.3 The Board shall provide the Directors with such background information so as to allow them to meet their obligations under this section.
11.8 Removal of Board Directors [Reg. 45 (f)]
Any Director may be removed from office as a Director or from a Committee of Directors by a resolution passed by seventy five percent of those present and voting at a General Meeting called for the purpose or at any Annual General Meeting where a notice of motion of removal has been given in accordance with the requirements for calling that meeting. At the next General Meeting an election to fill the unexpired term of the removed Director shall be held.
12.1 Regular meetings
Regular meetings of the Board of Directors shall be held at least once every month or more often should the Board of Directors so decide, at such time and place, at the head office of the Cooperative or elsewhere within the Province of Alberta, as the Board may decide and upon seven (7) days notice to Members of the Board. If the Board makes no such resolution, the President may designate a time and place and shall give seven (7) days notice to the Directors of the Board. The time, place and date of the Board Meeting shall be made public. The Board may by resolution decide that a meeting or any part thereof shall be closed to the general membership; otherwise any Member may attend as observer. The Board may only close meetings or portions thereof from the general membership that deal with confidential information relating to a specific Member or employee in accordance with the Ethical Conduct and Confidentially Agreement.
12.2 Special Board meetings
Special meetings of the Board may be called by the President or by any three Directors, and it shall thereupon be the duty of the Secretary to cause notice of such meeting to be given to each Director at least twenty-four (24) hours before the meeting. Such notice shall clearly state the nature of the business to be transacted at the meeting.
12.3 Emergency meetings
Any meeting of the Directors may be convened upon a shorter notice or without notice if the consent of all directors of the Cooperative is given, and such consent shall be deemed to have been sufficiently given if the signatures of all the Directors of the Cooperative are affixed to the Minutes of the meeting.
12.4 Quorum
The quorum for all meetings of the Board of Directors shall be the Majority of the Directors and if such number is not a whole number, then the next highest whole number.
12.5 Resolutions in writing
A resolution in writing, signed by all Directors without their meeting together, shall be valid and effectual as if it had been passed at a meeting of the Directors duly called and constituted.
12.6 Electronic meetings
The Directors may attend a meeting of Directors by means of a telephonic, electronic or other communications facility that permits all persons participating in the meeting to communicate adequately with each other during the meeting.
12. 7 Voting procedures
12.7.1 The President or other presiding officer shall have the right to vote on any question, but may only cast one vote which shall be cast at such time as the other votes are cast.
12.7.2 Directors may request that their vote be recorded.
12.7.3 In the event that a report is presented to the general membership which does not represent the views of all of the Board Members, a minority report may be submitted along with the main report and recorded as such.
12.7.4 If a vote is tied the motion shall be declared defeated.
12.8 Rules of Order
Business at a meeting of the Board of Director’s of the Cooperative shall be conducted according to the rules of order adopted by the Board of Directors.
12.9 Irregularities
12. 9 .1 All acts done by any meeting of the Board of Directors, or by any person acting as Director, or by a Resolution in Writing of the Directors, shall be valid and subsisting notwithstanding that it may subsequently be discovered that there was some defect in the appointment of any Director or person acting as a Director, or that they or any of them were not qualified to be Directors.
12.9.2 If notice is generally received, irregularities in the notice of any meeting or the accidental omission to give a notice to or the non-receipt of a notice by any Director shall not invalidate any resolution passed or any of the proceedings taken at any meeting of the Board of Directors.
12.10 Conflict of interest
A Director shall not vote in respect to any contract or arrangement in which that Member or that Member’s spouse, brothers, sisters, parents, or children stand to benefit financially either directly or indirectly. If a Director is aware of a conflict of interest as stated above or of any other conflict of interest, they shall declare such to the Board.
13.1 Education reserve
The Directors shall keep the Members informed of the business of the Cooperative, encourage the Members’ interest in the Cooperative, and with the objective of developing and fostering the overall development of a Cooperative community the membership may, subject to approval by resolution of the General Membership, establish an Education Reserve which shall be earmarked exclusively for the purpose of financing the following:
a. sending Members to courses, workshops, meetings or any other sessions or events relating to the various aspects of Cooperative or cohousing activity, including ongoing management and operation;
b. maintaining membership, subject to approval by resolution of the General Membership, through the payment of dues or fees, in organization(s) which provide courses and/or services used by the Cooperative;
c. engaging management and education consultants
d. providing regular updates on cooperative events and activities
The Education Reserve may be funded on an annual basis in a manner to be established by the Membership.
13.2 Education on privacy
The Cooperative shall ensure that its staff, Board of Directors, committees and general members are informed of its bylaws, policies and the procedures that relate to the Personal Information Protection Act. Each year the Cooperative shall develop an education plan designed to inform its staff, Board of Directors, committees and general members about its privacy bylaws, policies and procedures.
14.1 Notice of meeting
Irregularities in the notice of any meeting or in the giving thereof or the accidental omission to give notice of any meeting or the non-receipt of any notice by any Member shall, if notice is generally received,.not invalidate any resolution passed or proceedings taken at any meeting nor shall it prevent the holding of such meeting.
15.1 Minute book
The Directors shall cause Minutes to be entered in books provided for the purpose of:
a. all appointments of Officers;
b. all names of all Directors present at each meeting of the Directors;
c. all resolutions and proceedings of General Meetings and Meetings of the Board
15.2 Approval of minutes
All minutes of all meetings of the Cooperative shall be approved at a subsequent meeting.
15.3 Prima facie evidence
Any Minutes of the Cooperative if signed by the Chair or Secretary of that Meeting or the Chair or Secretary of the next succeeding Meeting shall be receivable as prima facie evidence of the matters stated in such Minutes.
16.1 Establishing Committees
The Cooperative may, at any General Meeting, establish any standing or ad hoc committees that it deems necessary to carry out the objects of the Cooperative, and the Cooperative may, by resolution, set out the duties and functions of such committees. All such committees shall be accountable to the general membership.
See27.1/Bylaw #2
17.1 Rules for amending bylaws
This Bylaw Number One of the Cooperative may only be amended a Special Resolution at a special General Meeting of the Cooperative. The quorum required for such a special General Meeting for the purposes of amending this Bylaw Number One shall be 75% of the membership. The notice for a meeting to amend the Bylaws must contain a copy of the proposed Bylaw amendments, the reason for the amendments and must state the purpose of the meeting.
18.1 Choosing the financial year
The financial year of the Cooperative shall begin on October 1 end on September 30.
19.1 How books must be kept
Books and accounts of the Cooperative shall be kept under the direction of the Treasurer and in accordance with a uniform system of accounts.
20.1 When appointed
At each Annual General Meeting, an Auditor shall be appointed by the Members.
20.2 Eligibility
No person holding office in the Cooperative is eligible to be appointed Auditor of the Cooperative.
21.1 Annual financial statements
At the end of each fiscal year, the books and records of the Cooperative may be audited by the auditor of the Cooperative. Based upon such report, the Cooperative shall furnish its Members with an annual financial statement including the income and disbursements of the Cooperative.
22.1 Books kept in central location
The Cooperative shall maintain its financial and other records at a central and convenient place for inspection on reasonable notice of any Member.
22.2 Records kept confidential
No Member shall have access to any other Member’s financial and other records without written permission from the other Member.
23.1 Reserve funds
The Directors shall create such reserve funds for depreciation, bad debts, or future expenses as good business practice shall dictate.
23.2 Surplus or deficit
If any surplus or deficit should arise from the operation of the Cooperative in any fiscal year, that fact shall be brought before a General Meeting as soon as is practicable, but no less than six (6) months after the fiscal year end, and dealt with in accordance with the directions given by a resolution of the Members at that meeting.
24.1 Rules for borrowing by the Cooperative
The Cooperative may from time to time by resolution approved by majority of the Members present at a General Meeting:
a. borrow money on the credit of the Cooperative;
b. issue, sell, or pledge securities of the Cooperative;
c. charge, mortgage, pledge or hypothecate all or any of the real or personal property of the Cooperative, including bank debts, rights, powers, and undertake to secure any sureties or money borrowed, or other debt or any other obligation or liability of the Cooperative
25.1 Board to prepare spending Policy
The Board shall prepare and present to the General Membership for approval a spending Policy that outlines:
a. approval of expenditures
b. who has what spending authority
c. approval of unbudgeted emergency expenditures
d. process for authorizing purchases
e. signing of cheques
f. when the General Membership approval is required prior to an expenditure
26.1 Board to prepare investment Policy
The Board shall prepare and present to the General Membership for approval an Investment Policy that outlines:
a. the goals of investing
b. the types of investments
c. the investment criteria
d. the approval of investments
27.1 Bonding of officers and employees
The cooperative shall have in place a commercial blanket bond, as part of its insurance coverage, to cover any officer, member or employee of the Cooperative who has charge of or handles money or securities belonging to the Cooperative.
The Cooperative shall indemnify each Director and Officer and each former Director and Officer and their heirs and legal representatives against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgement, reasonably incurred by any such Director in respect to any civil, criminal or administrative action or proceeding to which he or she is made a party by reason of being or having been a Director or Officer of the Cooperative provided that:
a. he or she acted honestly and in good faith with a view to the best interests of the Cooperative; and
b. in the case of a criminal or administrative action or proceeding that isenforced by a monetary penalty he or she had reasonable grounds for believing that his or her conduct was lawful .
Nothing in this Bylaw limits the right of any person entitled to indemnity to claim indemnity
apart from the provisions of this Bylaw.
29.1 Motion for wind up
A motion to wind up the Cooperative shall only be effective if passed by 90% of all Members of the Cooperative.
30.1 General Requirements
30.1.1 The Cooperative may collect, use & disclose Personal Information about individuals with which it does business, including members when five conditions have been met:
a. the information is required to carry out the business of the Cooperative
b. the information is needed for an identified purpose
c. that purpose has been explained to the individual
d. the individual has given Consent to the collection, use or disclosure of the information
e. the individual understands that they may withdraw their Consent at anytime and understands the consequences of that withdrawal of Consent
30.1.2 The Cooperative may make Consent a requirement only if denial or withdrawal of Consent would prevent the Cooperative from carrying out the purpose for which consent is required.
30.1.3 The Cooperative shall adopt a system for recording, for each Member File:
a. each use of Personal Information within the Cooperative
b. each disclosure of Personal Information to those outside the Cooperative
c. the date of each use or disclosure, by or to whom the information was used/disclosed and the reason for the use/disclosure
30.2 Storage & Retention of Information
30.2.1 The Cooperative shall adopt reasonable safeguards wherever Personal Information is stored to prevent unauthorized use. These safeguards shall include physical, technological and administrative means and shall apply to data on-site, off-site, that held by outside contractors and during travel.
30.2.2 Access to Personal Information will be restricted to those individuals who provided the information, the Privacy Officer, if necessary, and the persons who need the information for the purpose for which it was gathered.
30.2.3 The Cooperative shall keep Personal Information only for as long as needed to achieve the purpose for which it was collected. The Cooperative shall also retain information for the purpose and period specified in its legal obligations.
30.3 Access to Information
30.3.1 An individual may apply to have access to their own Personal Information in the custody or under the control of the Cooperative. The applicant may ask for a copy of the record or to examine the record.
30.3.2 The request shall be in writing and must contain enough information so that the Cooperative can find the information with a reasonable effort. The applicant is not required to state the reason for the request.
30.3.3 The Cooperative shall respond within 45 days (or may apply to the provincial Privacy Commissioner in extraordinary circumstances as defined in the PIP Act).
30.3.4 The Cooperative shall provide access to an individual’s Member File and other Personal Information the Cooperative has in its custody or under its control, except
a. when the information is protected by legal privilege
b. when disclosure would give away confidential business information
c. when the information was collected for an investigation or legal proceeding
d. when disclosure might result in that type of information no longer being supplied
e. when a mediator or arbitrator collected the information
f. when the information could reasonably be expected to threaten the life or security of another individual
g. would show Personal Information about another individual
h. would identify the person who gave an opinion about the individual
The Cooperative shall remove such materials from the Member File and show only the remaining materials.
30.3.5 The Cooperative shall tell the Member
a. if it has a record
b. if it is giving access to all or part of the record
c. where, when and how access will be given
d. the reasons for refusing and the section(s) of the Act that allow or require you to refuse access
e. the name of the Cooperative’s PIP Officer
f. that they may ask the provincial Privacy Commissioner to review the Cooperative’s decision to refuse access
30.3.6 The Cooperative may charge a reasonable fee to cover out-of-pocket expenses but not a handling or administrative fee.
30.4 Correction of Information
30.4.1 An individual may make a request to the Cooperative to correct Personal Information that the Cooperative has collected. The request shall be in writing.
30.4.2 The Cooperative shall make a determination whether it should correct the information. If it decides to correct it, it shall do so as soon as possible. If the
Cooperative makes a determination not to make the correction, it must annotate the information with the correction that was requested but not made.
30.4.3 The Cooperative shall not change or correct an opinion.
30.4.4 The Cooperative shall also send the corrected information to all organizations to which it disclosed the wrong information.
30.4.5 The Cooperative shall correct an individual’s Personal Information when it receives notice of correction from another organization.
30.4.6 The Cooperative shall not charge a fee for correction of Personal Information.
30.5 Destruction of Information
30.5.1 The Cooperative shall review its files on an annual basis and will destroy or erase any Personal Information no longer needed for the purpose if was collected for.
30.5.2 The Cooperative shall ensure that reasonable safeguards are applied when destroying Personal Information to prevent unauthorized use or access.
30.6 Complaints Process
30.6.1 The Cooperative shall develop a complaints procedure so that if an individual is dissatisfied with the Cooperative’s handling of his or her Personal Information, they may make a formal complaint.
30.7 Privacy Officer
30.7.1 The Cooperative shall select a Privacy Officer. The Privacy Officer shall be appointed by the Board. The Privacy Officer shall serve for 1 term, consisting of 2 years each.
30.7.2 The Privacy Officer may delegate his or her duties to another Board member to assist in performing his/her duties.
30.7.3 The Privacy Officer shall perform the following duties, as detailed in the Privacy Officer Job Description:
a. review privacy bylaws, policies and practices
b. make recommendations on privacy issues to the Board, general membership and committees
c. handle complaints
d. provide information on the Cooperative’s bylaws, policies and practices pertaining to privacy to individuals
e. ensure access to and procedure for handling corrections to Member Files
f. provide recommendations for Member and staff privacy education
g. act as “watchdog” to ensure the Cooperative’s compliance to the Personal Information Protection Act
30. 7.4 The Privacy Officer shall report to the Board.
30.8 Exemptions
30.8.1 Consent is not required if the Personal Information
a. is for family or home use (e.g., Christmas card mailing lists)
b. is publicly available (e.g., phone book)
c. is to decide whether the individual is suitable for an honour, award or other similar benefit
d. is necessary to respond to an emergency
e. is necessary in order to collect a debt owed to the Cooperative
f. falls under the another Act
g. is already contained in court files
h. is for an investigation or legal proceeding.
i. cannot be obtained in a timely way and the use is in the interests of the individual
j. is in the best interests of the individual and consent cannot be obtained in a timely way or the individual would not reasonably be expected to hold back consent
k. is needed to contact next of kin of an injured, ill or deceased individual
1. if the disclosure is to the surviving spouse or adult partner or adult relative of an individual who has died, and if the disclosure is reasonable.
31.1 Notice in writing
Any notice required or permitted to be given under the Bylaws, shall be in writing and may be given by personal delivery to the Member or by leaving the notice with any person found in the home of that Member or by affixing it to the door of the home or by placing it under the door of the said home or by mailing it or sending it by telegram, e-mail communication or other similar form of communication to the Cooperative at its registered office or to the Member at the postal address for that Member’s home.
31.2 Deemed to have been given or received
Any notice as aforesaid, shall be deemed to have been given or received on the Day that it is personally delivered and if not a business date, then on the Day next following the Day of delivery and if mailed, be deemed to have been given and received on the tenth (10th) day (excluding Saturdays, Sundays and statutory holidays and periods during which strikes, lockouts and slowdowns or other occurrences interfere with normal mail service) following the Day on which it was so mailed and if sent by telex, telecommunication or other similar form of communication, be deemed to have been given and received on the second (2nd) Day following the Day it was sent.
31.3 Change of Address
Either the Cooperative or any Member may at any time give notice in writing to the other of any change of address of the party giving such notice and from and after the giving of such notice, the address therein specified shall be deemed to be the address of such party for the giving of notices under this Bylaw.
The failure of either the Cooperative or a Member at any time to require the performance of the other of any of the provisions in this Bylaw shall in no way affect the respective rights of the Cooperative or a Member to enforce the same nor shall the waiver by, either of any breach of any provisions-hereof be construed to be a waiver of any succeeding breach or as a waiver or modification of the provisions of the Bylaws itself.
Bylaw Number Two: Property
1.1 In Bylaw Number Two of the Cooperative the following meanings shall apply:
.1 “Act” means The Cooperatives Act .S.A. 2001 Chapter c-28.1, as amended and any Act passed in substitution thereof;
.2 “Board” means the Board of Directors of the Cooperative and “Directors” has the same meaning;
.3 “Business Day” means a Day other than Saturday, Sunday or statutory holiday;
.4 “Common Facilities” shall mean those facilities that may be located on the Cooperative Lands or constructed by or at the request of the Cooperative for the common use, benefit and enjoyment of the Cooperative Members or, at the option of the Cooperative, the residents of the Project, including parks,
landscaping, parking lots, parking structures, recreation facilities and other facilities and improvements.
.5 “Cooperative” means Davidson Creek Housing Co-Operative;
.6 “Day” means a clear day and a period of days shall be deemed to commence the day following the event that began the period and shall be deemed to terminate at midnight on the last day of the period, except that if the last day of the period falls on a day other than a Business Day, the period shall terminate at
midnight on the day next following that is a Business Day;
.7 “Due Date” or “Due Dates” means those dates specified in Clause 14.5 as the date for payment of any money, whatsoever, payable by the Member to the Cooperative or by the Member to any Person.
.8 “Economic Housing Charge” means the monthly pro-rata share of the Project Costs allocated to each Housing Unit.
.9 “Family” means two or more persons related by blood, marriage or adoption including common law and same sex relationships.
.10 “General Meeting” means any Regular, Annual, Special or Emergency Meeting of the Members;
.11 “Good Standing” means:
a. not being in arrears with respect to any charges, dues or levies properly payable by a Member, or
b. having entered into an agreement with the Cooperative for the repayment of such arrears, or
c. not having been in such arrears more than 3 times within any consecutive twelve–month period, and
d. having a fully paid up Membership Share Capital Account, or
e. having entered into an agreement with the Cooperative for the payment of the Membership Shares
.12 “Home” means a Housing Unit.
.13 “Housing Unit” means a self contained housing unit.
.14 “Income Cap” means a maximum income as set from time to time by the Cooperative in accordance with any agreements the Cooperative may have with any Persons.
.15 “Income Tested Assistance” any assistance provided to a Member based upon the Member Household income that supplements the Member’s Monthly Housing Charge thereby ensuring that the Cooperative receives the full Economic Housing Charge allocated to the Home.
.16 “Member” means a person or persons who has met the conditions of Membership set forth in these Bylaws and has been accepted as a Member by the Cooperative and includes “Joint Member.”
.17 “Member Household” means a Member and any other Members, Family of the Members and non- member residents living in the Home.
.18 “Monthly Housing Charge” means the amount paid each month by a Member Household for the occupancy and use of the Home.
.19 “Person” means and includes any individual, corporation, partnership, firm, joint venture, syndicate, association, trust, government, governmental agency or board or commission or authority, and other forms of entity or organization.
.20 “Policy” means a Policy of the Cooperative created in accordance with the Bylaws and includes “Policies”;
.21 “Project” means and refers not only to the Project Property, but also the organization and development of the Project Property and the continued ownership and operation thereof pursuant to and in accordance with the Project Objectives.
.22 “Project Costs” means and includes the aggregate of all costs, expenses, debts, claims, damages, amounts, principal sums, interest, liabilities, or obligations whatsoever, arising out of, in connection with or in respect of the ownership, operation, control, management, administration, maintenance, repair and
replacement of the Project, the Project Property, and the carrying out by the Cooperative of the Project Obligations and the Project Objectives including, but not limited to, those costs and expenses more particularly set out in Clause 12 herein;
.23 “Project Objectives” means the continued ownership and operation of the Project and the Project Property as a mixed income continuing housing cooperative community operated in accordance with the objectives set out in the Articles of Incorporation and for the benefit and enjoyment of the Members so that they may live and function in the Project in a harmonious community atmosphere along cooperative principles.
.24 “Project Obligations” means and includes all acts, matters, things, tasks and obligations set out in Clause 3 herein.
.25 “Project Property” means and includes all property, assets and undertaking, present and future, real or personal, owned, leased, or used by the Cooperative or at the request of the Cooperative in respect of the Project.
.26 “Replacement Reserve Fund” means that fund or account set up and maintained by the Cooperative in accordance by Clause 3.4 herein.
.27 “Services” mean_s and includes all the utility, municipal, telecommunications and cable services and systems now installed or to be installed in the Project or which are necessary or desirable for the proper operation of the Project.
.28 “Share” means a Class A Membership Share .
.29 “Share Capital Account” means the record of the Shares subscribed to and paid for by each Member and a calculation of the balance .
.30 “Share Subscription and Housing Agreement” means an agreement between the Cooperative and the Member by which the Member subscribes for Shares in the capital stock of the Cooperative and whereby the Cooperative agrees to grant the right of occupancy to the Member in accordance with the Articles of
Incorporation, the Bylaws and Policies.
.31 “Special Resolution” means a resolution that is submitted to a meeting of the Cooperative or a meeting of the Directors and passed at the meeting by at least 2/3 of the votes cast.
.32 “Surcharge” means an amount over and above the Economic Housing Charge allocated to the Home, charged to a Member based upon the Member Household income and/or Income Cap.
.33 “Year” means calendar year unless the context otherwise requires.
1.2 The words “herein” and “hereof” when used in any clause or part of the Bylaws relates to the entire Bylaws and not to that clause or part only.
1.3 The headings of these Bylaws are for convenience of reference only and do not form any part of and in no manner modify, interpret or construe the Bylaws between the parties.
2.1 Describing the relationship The Member and the Cooperative intend to govern their relations regarding the management and maintenance of the Project Property and occupancy of the Home by this Bylaw, the Cooperative’s Articles of Incorporation, Bylaws, Policies and any agreements the Cooperative has with other Persons. It is the express intention of the
parties that their relationship is not one of landlord and tenant, and the Residential Tenancies Act or its successors does not apply to the relationship.
3.1 Maintenance and repair obligations
The Cooperative confirms that it is responsible, not only on its own behalf, but on behalf of the Members to the extent that such is possible and meaningful in the context, for doing or causing to be done all acts, matters or things necessary for the proper operation, control, management, administration, ownership, maintenance, repair and replacement of the Project or the Project Property and for the operation
thereof to attempt to achieve to the maximum extent possible, and at all times, the Project Objectives.
3.2 Insurance
The Cooperative will purchase and maintain insurance in the manner and to the extent from time to time determined by the Cooperative as necessary or desirable to properly operate the Project and protect its Property.
3.3 Taxes
The Cooperative shall pay, or cause to be paid, all Taxes actually levied against the Cooperative whether same are in respect of the lands or building,
3.4 Replacement Reserve Fund
The Cooperative shall establish and maintain a Replacement Reserve Fund to be used for the repair or replacement of the Project Property. In considering the amount of such reserves the Cooperative shall consider the physical state of the Project Property.
At least once every five years the Cooperative shall commission a replacement reserve study to determine the state of the Project Property and the required annual contribution to and expenditures from the Fund. The Board of Directors shall report promptly to the membership of the Cooperative any problems that are discovered as to the physical structure of the Project Property.
The Board shall obtain the advice of architects, engineers, contractors, or tradesmen whenever it thinks such advice appropriate.
The Replacement Reserve Fund and the annual contributions to it are an annual Project Cost that shall be expended in the Year in which such Replacement Reserve Fund is accumulated or contribution made.
3.5 Services
The Cooperative shall work to ensure the continued supply of the Services and the proper maintenance, repair and replacement of the Services, and all systems, equipment, pipes, wires, cables, ducts, conduits and other similar devices required for the proper transmissions, supply and delivery of the Services.
4.1 Member(s) general agreement
Each Member shall be in general agreement with the Project Objectives of the Cooperative and shall abide by its Articles of Incorporation, Bylaws and Policies as those are established or amended from time to time by the Cooperative.
4.2 Member’s Family, etc. agreement
Each Member shall ensure that the Family, employees, invitees, boarders, and nonmember residents of the Member obey and observe the Cooperative’ s Articles of Incorporation, Bylaws and Policies. The Cooperative shall not be liable to the Member for the non-observance or violation of any such Articles, Bylaws or Policy by any person.
4.3 Each Member agrees
a. not to do or to permit to be done anything in his or her Home or in the Project that will increase the cost of fire or liability insurance on the Project;
b. not to interfere with the rights of other Members of the Cooperative nor unreasonably cause or permit any noise or vibration to emanate from his or her Home which will disturb any other Member nor unreasonably cause such noise to emanate from the Project;
c. not to obstruct, or cause to be obstructed, the corridors, foyer, stairwells, pathways, driveways or other areas of the Project to which all Members of the Cooperative are allowed access.
5.1 Home and property benefits
The Member has the right to enjoy sole use and benefit of the Home as their residence (herein referred to as the right of occupancy) and may enjoy in common with other Members, subject to the bylaws, rules, policies and regulations of the Cooperative in force from time to time, the use of any and all community property and Common Facilities of the Cooperative.
5.2 When right of occupancy begins
The right of occupancy starts when a person has been accepted as a Member, has complied with such other terms and conditions as may from time to time be established by the Cooperative, has executed a Share Subscription and Housing Agreement and has been given access to the Home.
5.3 When right of occupancy ends
The right of occupancy ceases on the effective date of withdrawal from or termination of membership.
5.4 Vacating the Home
The Member must provide vacant possession of the Home on the effective date of withdrawal from or termination of membership.
5.5 Compensation
The Cooperative is entitled to compensation for
a. occupation of the Home after the right of occupancy ceases;
b. unpaid housing charges or any other charges owed to the Cooperative by the Member;
c. damages to the Home;
d. costs associated with obtaining vacant possession of the Home, including any legal costs
5.6 Compensation not a waiver of right
The acceptance of any compensation detailed in 5.5 is not a waiver of any right to terminate membership and the right of occupancy or to take possession of the Home.
6.1 Purpose of the Home
a. The Cooperative exists, in part, to provide housing to its members and a Member must occupy his or her Home unless the Member has the prior written consent of the Co-op not to occupy his or her Home. Failure to occupy the Home is a breach of this By-law and constitutes grounds for termination of membership in accordance with Clause 8 of Bylaw Number One.
b. Without the prior written consent of the Cooperative, no Member shall occupy or use his or her Home or permit his or her Home or any part of it to be occupied or used for any purpose other than as a private residential dwelling for the Member and the Family of the Member. It shall be at the sole discretion of the Cooperative whether or not it grants such consent. Use of the Home or any part of it for any purpose
other than as a private dwelling for the Member and the Family without the prior consent of the Cooperative is a breach of the Bylaws and constitutes grounds for termination of Membership in accordance with Clause 8 of Bylaw Number One.
6.2 Pets in the Home
Subject to Clause 9 of this Bylaw, a Member may keep pets in his or her Home. Members keeping pets in their Homes must abide by all municipal regulations with regard to the keeping of such and must ensure that their pets do not interfere with the quiet enjoyment of other Members.
6.3 Water apparatus
The toilets, sinks, tubs, drains and other water apparatus in a Home shall not be used for any purpose other than those for which they were constructed.
6.4 Hazardous goods
No gasoline or other combustible or inflammable goods or materials and no offensive or hazardous goods, provisions, or materials shall be kept in any Home.
6.5 Structures attached to the Home
No television antenna, aerial, tower or similar structure or appurtenances thereto shall be erected on or fastened to the outside of any Home, except with the prior written consent of the Cooperative. The Cooperative may arbitrarily withhold approval or, if approval has been given, may withdraw such approval at any time on fifteen (15) days notice to the Member.
No Leasing Allowed
7.1 No leasing of the Home.
The Member is not entitled to lease the Home.
8.1. Right of Members to share Home
Members may share their Home with persons who are not Members of the Cooperative as they see fit, provided this does not jeopardize the well-being of the Cooperative.
8.2. Non-member residents defined
Non-member residents shall be defined as adult persons, who are not Members of the Cooperative and who are sharing the Home with the Member, with the intention of making the Home their primary place of residence.
8.3 No profit from sharing
In no case shall a Member make a profit by sharing the Home with non-member residents, although he/ she may ask non-member residents to pay their fair share of the monthly operating costs including the Monthly Housing Charges, utilities and food.
8.4 Requirement to report
A Member must, within four weeks of the date one or more non-members begin to reside in the Member’s Home, advise the Board of the name of each non-member resident, the date that the non-member began to share the Home except for family and the total financial contribution made by the non-member each month, including details as to what portion of the contribution is applied to the Monthly Housing Charge. The Board may, in its discretion, extend the four-week period.
8.5 Income of non-member resident
The income of the non-member resident will be included in the Member Household income for the purpose of setting the Monthly Housing Charge to be paid by the Member.
8.6 Income verification of non-member resident
Non-member residents shall provide the Cooperative with verification of income if required by any agreements the Cooperative has with any Persons.
8.7 Rights of non-member resident
Residency does not entitle non-member residents to the rights of membership in the Cooperative.
8.8 Right of non-member resident to occupy Home
Non-member residents shall have no right to occupy the Home after the Member vacates.
8.9 Applying for membership
Where a non-member resident has lived in the Cooperative for nine months, he or she may, with the written consent of the Member, apply for membership in the Cooperative.
8.10 Failure to provide information
Where in the opinion of the Board, the Member in whose Home the non-member has resided is attempting to use this Bylaw in such a manner as to circumvent reporting requirements, the Board reserves the right to request that the information required herein be provided. Failure to provide said information within ten Days of a written request to do so, shall be deemed to be a repeated violation of this Bylaw and may be grounds for termination in accordance Bylaw Number One.
9.1 Number and type of pets
A Member may keep one ambulatory (dog/ cat/ other) in their Home, called pets, in accordance with the Pet Policy.
9.2 Pet complaints
If the behaviour of a pet causes a problem for other Members or to the property, whether inside the Home or in the common area, the Member will be held responsible. A Member who has a complaint against another Member’s pet must notify the Board in writing, stating the nature of the complaint and request a dispute resolution as per Bylaw Number One, Clause 7.7. Permission to have a pet may be withdrawn if a Member violates the provisions of this Clause 9.
10.1 Budget to include
Each year the Board of Directors of the Cooperative shall present to the General Membership an Annual Operating Budget for the Project Costs which shall include, but not be limited to, the total of the following:
a. all costs and expenses relating to maintenance and cleaning, snow removal, gardening, landscaping, garbage and waste collection and disposal and janitorial Services;
b. the cost and expense of lighting, electricity, public utilities, loudspeakers, public address and musical broadcasting systems, and any telephone answering facilities and systems used in or servicing the Project and the Project Property
c. the cost of policing, security, supervision and traffic control for the Project and the Project Property or the Common Facilities, including policing and supervising traffic to and from the Project and the Project Property even though the personnel doing so are stationed off the Project and the Project Property
d. salaries of personnel, including supervisory personnel, employed to carry out duties in connection with the operation, supervision, administration, maintenance, repair and replacement of the Project and the Project Property including contributions and premiums towards fringe benefits, unemployment and Workers’ Compensation insurance, pension plan contributions and similar premiums and contributions
e. the cost of any contracts associated with the management, maintenance and administration of the Cooperative
f. rental of any equipment and signs and the cost of materials and supplies used by the Cooperative in the operation of the Project and the Project Property
g. all audit and accounting fees sustained, paid or incurred by the Cooperative
h. the cost of all repairs and replacements of whatever nature or kind to, and maintenance and operation of, the Project and the Project Property, the Common Facilities, and the systems, facilities, machinery.and
equipment serving the Project and the Project Property or the Common Facilities including, without limitation, all heating ventilating, and air-conditioning equipment serving the Project and the Project Property or the Common Facilities, including the cost of repairing or replacing inherent structural defects or weaknesses
i. the mortgage payment together with any accrued interest plus any other interest costs for the year
j. depreciation or amortization at generally accepted rates on all Project property, machinery, equipment and apparatus forming part of or serving the Project and the Project Property and the cost of all repairs or replacements referred to in Clause 10.1.7of this Clause, unless charged fully and collected in the calendar Year in which such fixtures, machinery, equipment or apparatus is acquired, or repairs and replacements are made, in accordance with generally accepted accounting practice
k. the cost of all sectoral membership dues as well as the cost of participation in the democratic functioning of the sectoral organizations and the attendance at educational and related functions
l. any annual contribution to the education reserve
m. all business taxes and property taxes, if any, from time to time payable in respect of the Common Facilities, the Project or the Project Property
n. other costs and expenses not otherwise expressly excluded hereunder but attributable to the ownership, operation, control, management, supervision, administration, maintenance, repair or replacement of the
Project and the Project Property or the Common· Facilities or the Caretaker’s Suite
o. Goods and Services Taxes
p. insurance premiums
q. the annual Capital Reserve Account contribution
r. security of tenure fund, if applicable
s. any contribution to a maintenance reserve or other operating reserves.
t. a sum to cover projected loss of income as a result of vacant units
u. a sum to cover projected loss of income as a result of bad debts
v. all legal costs sustained, paid or incurred by the Cooperative
w. an amount to cover unexpected expenses, such amount to be set by the Cooperative from time to time
11.1 Housing charge based on budget
Based upon the budget for the Project Costs, the Board of Directors shall, each Year, adjust the Economic Housing Charge for each Housing Unit, by allocating a pro-rata share of the monthly Project Costs to each Housing Unit.
12.1 Budget presented to Members
The Annual Budget for the Project Costs together with the projected Economic Housing Charges shall be presented to a General Meeting of the Members in accordance with Clause 9.5, Bylaw Number One.
12.2 Board authority to set budget
Should a quorum not be present for two consecutive General Meetings called to approve the Annual Operating Budget and Economic Housing Charges, for which notice was given in accordance with Bylaw Number One, Clause 9.5, the Board of Directors shall have the authority to set the Annual Operating Budget and Economic Housing Charges.
12.3 Notice for new housing charge
Once the Annual Operating Budget and Economic Housing Charges are approved, the Cooperative shall give each Member at least 60 Days written notice of their Monthly Housing Charge.
12.4 Revised budget
Should there be a significant change in the projected Project Costs during the Year, the Board of Directors may prepare a revised Annual Operating Budget and Economic Housing Charges for presentation and approval by the General Members. Notice for such a meeting must comply with Clause 9.5 of Bylaw Number One.
13.1 Income Tested Assistance
The Cooperative may allocate Income Tested Assistance to a Member Household and such allocation shall be based upon the Member Household income.
13.2 Surcharge
The Cooperative may allocate a Surcharge to a Member Household based upon the Member Household Income.
13.3 Amount of Income Tested Assistance or Surcharge
The amount of the Income Tested Assistance or Surcharge is determined by the terms and conditions of any agreement the Cooperative has with any Persons.
13.4 Verification of Income
The Member recognizes that the Cooperative has entered into Agreements with other Persons which may require a verification of incomes of the Member’s Household. The Member and the Member’s Household agree to provide any information the Cooperative may require to fulfil the requirements of these Agreements.
Once a Year the Member must update the record of all persons in the Member’s Household and provide verification of their income. The Member must provide proof of the current and past Year’s income. The Member must include the income of any non-member residents.
13.5 Changes in Income
During the course of the Year the Member must report the following information to the Cooperative within (30) Days unless otherwise determined by the Board.
a. any increase in the Member’s monthly Household income an increase in the Member’s shelter allowance, if the Member is in receipt of Social Assistance from the Provincial Government
b. a change in the source of the Member’s income
13.6 Investigation of Member’s financial situation
The Cooperative may investigate the Member’s financial situation regarding the allocation of Income Tested Assistance or a Surcharge. The Member must provide the Cooperative with any information it needs for this investigation. This includes the Member’s income, household size and any other relevant information. The Member must ensure that all persons in the Member Household provide the Cooperative with the relevant information.
13. 7 Termination of Income Tested Assistance
The Board of Directors may terminate any Income Tested Assistance, if the Member or anyone in the Member Household does not provide the information requested by the Cooperative within a 30 day time period of the request. The Board of Directors may terminate any Income Tested Assistance, if the Member or anyone in the Member Household breaks the terms of the agreements entered to by the Cooperative with any Person.
13.8 Member to pay back Income Tested Assistance
The Member must pay back all or part of the Income Tested Assistance they received if the Member
a. gave or gives false information
b. fails to report an increase in household income, or
c. receives more Income Tested Assistance than they were entitled to. The obligation to repay the Income Tested Assistance shall be a continuing obligation which shall survive the termination or withdrawal of Membership and the right of occupancy.
14.1 Member agrees to pay housing charge
Each Member agrees to pay to the Cooperative a Monthly Housing Charge set for their Home.
14.2 The Monthly Housing Charge will be:
a. the Economic Housing Charge for the Housing Unit less any Income Tested Assistance plus any levies or
b. the Economic Housing Charge for the Housing Unit plus any levies, or
c. the Economic Housing Charge for the Housing Unit plus any Surcharge and any levies
14.3 Housing charge less than Economic
Depending upon the income of the Member’s Household, its household configuration and the availability of Income Tested Assistance, the Member’s Monthly Housing Charge may be less than the Economic Housing Charge plus any levies.
14.4 Housing charge equal to or greater than Economic
Depending upon the income of the Member’s Household and household configuration, the Member’s Monthly Housing Charge may be equal to the Economic Housing Charge plus any levies or may exceed the Economic Housing Charge plus any levies.
14.5 Due date for housing charge
The Monthly Housing Charge shall be paid by cheque or money order to the Davidson Creek Housing Cooperative Ltd. by 6:00 p.m. on the last Day of the month before which the housing charges shall apply, herein called the Due Date. Members whose Monthly Housing Charges are not received by the Due Date shall be in arrears until such time as full payment has been made or arrangements have been made with
the Treasurer.
14.6 Late payment of housing charge
If a Member cannot pay the Monthly Housing Charge on the Due Date, he/ she may notify the Treasurer of the Cooperative or the designated Finance Comminee member in writing no later than five (5) Days before the payment is due, to request that late payment charges not be assessed. The response to such a request will be made by the Treasurer or the Finance Committee in writing. The response shall indicate whether the request has been approved or refused, and the reasons why the request was turned down if refused. In extraordinary circumstances, the Treasurer may waive the notification period. The Treasurer may determine at their sole discretion when such extraordinary circumstances exist. Repeated late payment of housing charges by a household shall result in the matter being referred to the Board of Directors.
Late Payment Options:
Fixed Rate
14. 7 Late payment charge
Any Member who has not paid the Monthly Housing Charges on the Due Date is in arrears and is liable to pay a late payment charge of fee of $20.00.
14.8 N.S.F. cheque charge
There shall be a charge of twenty dollars ($20.00) to a Member whose cheque is returned non sufficient funds (N.S.F .). Payments to replace the N.S.F. cheque must be made by certified cheque or money order. Members whose payments to replace the N.S.F. cheque have not been received in full by the 14th Day of the month shall be in arrears unless arrangements have been made by the Treasurer. Should a Member give 2 N.S.F. cheques within a 6 month period, the Member shall be required to make all future payments in the form of certified cheques or money order only, until such time as the Finance Committee decides otherwise. In the event of extraordinary circumstances, the Board shall have the discretionary power to waive the N.S.F. charge. The Board shall determine its sole discretion when such extraordinary
circumstances exist. Repeated receipt of N.S.F. cheques from a household shall result in the matter being referred to the Board of Directors.
14.9 Termination procedures on non-payment
If any Member has not paid any money he or she owes to the Cooperative, including but not limited to housing charges, within 14 Days of the Due Date, the matter shall be referred to the Directors.
14.10 Confidentiality
Matters concerning the Monthly Housing Charge will be kept confidential between the Board, Members of the Finance Committee, and the Member concerned and shall not be made public until such time as the Board decides to issue a termination of membership notice.
15.1 Levies
The Member agrees to pay any additional levies agreed to by the General Membership. The date for payment will be decided by the Membership, and late payment shall be dealt with in the same manner as late payment as set out in Clause 14.
15.2 Penalties and other charges
Where a Member has incurred a financial penalty as a result of late payment or N.S.F. and charge backs in accordance to maintenance policy payment, the Cooperative shall notify the Member in writing of the amount and reason for the penalty, which notice shall be no less than seven Days prior to the end of the month. The Member shall have until the last Day of the month by 6:00 p.m. to pay the assessed penalty or to make arrangements with the Treasurer. Members who fail to meet this deadline shall be in arrears and the late payment shall be dealt with in the same manner as late payments set out in Clause 14.
16.1 Member responsibility for utilities
The Member shall be responsible for the connection of any utilities and Services they are required to pay directly to any Person. The Member is responsible for the consumption costs of any utilities and Services they purchase from any Person.
17.1 Working order
Any appliances supplied by the Cooperative to the Home shall be in good working order upon possession of the Home.
18.1 Cooperative’s responsibility
The Cooperative shall be responsible for the repair, replacement and maintenance of the Project. The Cooperative shall put in place a policy that outlines how repairs and replacements will be carried out as determined by the replacement reserve fund analysis required under section 3.4 of this bylaw.
18.2 Negligence of Member
The cost of any repairs, replacement or maintenance made necessary by the act, negligence or carelessness of any Member or any of the Member’s Family, employees, invitees, non-member residents, lessees or anyone in law for whom the Member is responsible shall be borne by the Member.
18.3 Entry into Home for repairs
The Cooperative, its representatives or agents and workmen employed by the Cooperative, may enter any Home, in accordance with the provisions of this Bylaw, when such entry is necessary to make or facilitate repairs in any part of the Project and may remove such portions of walls, floors and ceilings as may be necessary for such repairs. The Cooperative shall promptly restore the Home to its previous condition at the expense of the Cooperative.
18.4 Member responsible for damage
The Member is responsible to the Cooperative for the repair or replacement of Cooperative property damaged by the Member, any of the Member’s Family, employees, invitees, non-member residents, lessees or anyone in law for whom the Member is responsible. The repair or replacement shall be done in a manner acceptable to the Cooperative. The decision as to whether property requires replacement or repair shall be made by the Cooperative.
18.5 Member responsibilities for Home and grounds
The Member will be responsible for the general upkeep, cleanliness, and basic maintenance of the Home and the immediate grounds. This shall include minor plumbing, and electrical repairs. Without limiting the generality of the foregoing, the Member’s maintenance responsibilities shall be as set out in the maintenance policy.
18.6 Member responsibility for reporting problems
The Member shall be responsible for reporting, in writing, to the Cooperative all apparent problems or damage to the Housing Unit including the structure and electrical, heating and plumbing systems which are the Cooperative’s responsibility to repair and maintain. The Cooperative may claim from the Member reimbursement for all or any portion of any loss or damage suffered by the Cooperative as a result of the Member’s failure or delay to report any such damage or problem. If the Cooperative so claims, the Member shall reimburse the Cooperative for such loss or damage.
18. 7 Cooperative’s responsibility
The Cooperative is responsible for:
a. Periodic inspection of the Home and grounds as set out in a Unit Inspection Form, approved by the Cooperative;
b. Warranty enforcement;
c. All maintenance and repairs not identified as the Member’s responsibility.
19.1 Board to prepare
Each year the Board of Directors shall present to the General Members a Capital Budget should any capital expenses be contemplated. This budget shall be presented at the same time as they present the Annual Operating Budget.
19.2 The capital budget shall include
a. The proposed capital expenditures
b. The proposed source of funds
c. The impact if any on the proposed Annual Operating Budget.
19.3 Presented to general membership
The Capital Budget shall be presented to the General Membership for approval at the same Meeting that the Annual Operating Budget and Economic Housing Charges are to be approved. Copies of the proposed Capital Budget are to be included with the notice of the meeting given in accordance with Bylaw Number One Clause 9 .5.
20.1 Alterations defined
For the purposes of this Bylaw, alterations shall be defined as any modification that is a permanent installation, or results in a permanent modification to the Home, excluding interior decorating.
20.2. Member application process
No Member may make alternations to their Home without the prior written consent of the Cooperative. If the Member wishes to undertake alterations to his/her Home, he/she must provide the Cooperative with the following information:
a. the nature of the alteration including its implications, including plans and specifications;
b. the cost of the alteration;
c. who will be undertaking the alteration;
d. whether a development or building permit is required
20.3 Approval process
The Cooperative shall review the application. The Board of Directors may approve or reject the application and, should the Board deem it necessary, it shall submit the request to the General Membership for approval.
20.4 Reimbursement on termination
Reimbursement for improvements left in the Home shall only be paid to the Member upon his/her withdrawal or termination of membership. Unless otherwise determined by the Board of Directors, no Member shall receive reimbursement for an improvement until one year after the date of completion of the improvement.
20.5 Anticipated life and value of the improvement
At the time of installation, the anticipated life and value of the improvement shall be established by the Cooperative.
20.6 Depreciation
A declining balance depreciation schedule based upon the life of the improvement shall be used to determine the amount the Member will be reimbursed for the improvement. The amount paid to the Member shall be based upon the remaining life of the improvement at the time of move-out, providing that the actual useful remaining life is equal to the projected remaining life.
21.1 Member’s right to decorate
The Member shall have the right to decorate the interior of the Home in accordance with the Cooperative’s Policies.
21.2 Member responsible for restoration of Home
The Member shall be responsible for costs incurred by the Cooperative for the restoration of the Home where the interior decoration results in damage to the Home or where, in the opinion of the Board of Directors, the decoration results in the impairment of the Home’s marketability. Should two or more prospective Members refuse to accept the Home in its current condition because of its decoration, then the
Board may deem the decoration to be an impairment to its marketability.
21.3 Guidelines for quality
The Cooperative shall provide the Member with guidelines regarding the quality of materials and workmanship. Where the Member elects to use higher quality materials than provided for by the Cooperative, the Member shall assume responsibility for any extra costs incurred.
22.1 When to inspect
The Cooperative will inspect the Home prior to Member move-in or move-out and, if the Cooperative determines that an inspection is required, on an annual basis. An inspection will be arranged with the Member and representatives of the Cooperative prior to the Member taking possession of the Home.
22.2 Inspectors to be bondable
The representatives from the Cooperative involved in the inspection of the Home
must be bondable.
22.3 Member has right to refuse specific representative of Cooperative
The Member has a right to refuse entry to a specific representative of the Cooperative. Should the Member refuse entry of a specific representative, the Cooperative shall find an alternate representative acceptable to the Member.
22.4 Inspection report
A report, in duplicate, on the condition of the Home at the time of the inspection will be signed and dated by both the Cooperative and the Member. The Member shall be given a copy of the report.
22.5 Move-out inspections
Forty-five days prior to the move-out of a Member, the Cooperative shall schedule an inspection at a time that is suitable and convenient for the Member.
a. The inspectors will evaluate any damage and inform the Member of any work to be completed before move-out. In evaluating the damage the initial condition report shall be taken into account.
b. Any repairs that are determined to be the Member’s responsibility shall be done before move-out.
c. A follow-up inspection will take place at move-out.
22.6 Annual inspections
Annual inspections may be conducted on the Home. Any repairs that are determined to be the Cooperative’s responsibility will be looked after on a timely basis.
23.1 The Cooperative shall have the right to enter the Home of the Member for the purpose of:
a. showing the Home to a prospective Member once the Member has given notice of withdrawal or if notice of termination has been delivered
b. regular preventive maintenance or in the case of an emergency
c. periodic Home inspection
23.2 Mutually convenient time
The Cooperative shall, when intending to enter the Home for the above stated reasons, attempt to do so at mutually convenient times.
23.3 Notice of entry
The Member will be given 72 hours written notice of the Cooperative intending to enter the premises except in cases of emergency where no notice is needed, and for periodic Home inspection where seven (7) Days notice is required.
24.1 Public liability insurance
The Cooperative shall carry public liability insurance on the Cooperative.
24.2. Cooperative not liable
The Cooperative shall not be liable nor in any way responsible for any personal or consequential injury or loss or damage of any nature that may be suffered by a Member, or any person dwelling or visiting the Member’s Home or any licensee or invitee while such person is in or about the Home, except such injury or damage as is caused by the willful act or neglect of the Cooperative.
24.3 Member agrees to indemnify Co-op
Unless the Cooperative is insured through the Cooperative Housing Federation of Canada’s insurance policy, the Member agrees to indemnify the Cooperative against, and to save the Cooperative harmless from all liability, loss damage arid expense arising from injury to person or property occasioned by the failure of the Member to comply with any provision of this Agreement, or due wholly or in part to any act,
default or omission by the Member or any person dwelling or visiting in the Member’s Home or the Project.
24.4 Member to hold personal insurance
The Member must hold a personal insurance policy which provides as a minimum:
a. Million dollar personal liability coverage;
b. Waterbed endorsement to cover leakage from waterbed (if applicable);
c. Coverage for improvements made to the Member’s Home by the Member;
d. The Member must provide proof on an annual basis by supplying a copy of the Insurance Policy to the Cooperative, that he/ she holds a policy which complies with the above mentioned requirements. The
policy must also provide that in the event that the policy is terminated or is altered such that it would no longer meet the Cooperative’s requirements, the Issuer of the policy shall notify the Cooperative.
24.5 Personal content insurance
The Member is responsible for insuring his/her personal contents.
25.1 Abatement
In the case of damage to the Home which causes a loss of use of a significant part of the Home, abatement may be made to the Monthly Housing Charge for the Home based upon a ratio between the original square footage of the Home and the remaining useable space. No such abatement may be made if, at the sole discretion of the Board of Directors, the damage was due to the negligence of the Member. Abatements made on this basis shall remain in effect until such time as the Home is returned to a useable state.
25.2 Home destroyed
Should the Home be destroyed or rendered permanently uninhabitable by fire or otherwise, then the right of occupancy ceases. Should the Home be rebuilt, the Member shall have the first right of occupancy.
26.1 Acceptable notice to the Member
Any notice required or permitted to be given under the Bylaws to the Member shall be in writing and may be given to the Member by
a. personal delivery to the Member;
b. leaving the notice with any adult person found in the Home of that Member;
c. affixing it to the door of the Home;
d. sending it by mail to the postal address for that Member’s Home;
e. placing it in the Members units mailbox;
26.2 Acceptable notice by the Member
Any notice provided in accordance with clause 26.1.b is deemed to be served on the Day it is left with any adult person found in the Home of the Member.
Any notice provided in accordance with clause 26.1.c is deemed to be served on the Day it is affixed on the door of the Home.
Any notice provided in accordance with clause 26.1.e is deemed to be served on the Day the member is served.
Any notice provided in accordance with clauses 26.1.d or clause 26.1.f is deemed to be served on the Day it is received by the Member.
26.3 Change of address
Either party may at any time give notice in writing to the other of any change of address of the party giving such notice and from and after the giving of such notice, the address therein specified shall be deemed to be the address of such party for the giving of notices under these Bylaws.
27.1 Special Resolution
This Bylaw Number two of the Cooperative may only be amended by a Special Resolution at a special General Meeting of the Cooperative. The quorum required for such a special General Meeting for the purposes of amending this Bylaw Number two shall be 25% of the membership. The notice for a meeting to amend the Bylaws must contain a copy of the proposed Bylaw amendments, the reason for the amendments and must state the purpose of the meeting.
The failure of either the Cooperative or a Member at any time to require the performance of the other of any of the provisions in the Bylaw shall in no way affect the respective rights of the Cooperative or a Member to enforce the same nor shall the waiver by either of any breach of any provisions hereof be construed to be a waiver of any succeeding breach or as a waiver or modification of the provisions of this Bylaw itself.
