5.1 Residences
Units must be used only as private residences for members, their households and other persons allowed by this By-law. This use can include uses as approved by the board if all the other rules in this By-law are obeyed.
5.2 Principal Residence
Each member must use the member’s co-op unit as the member’s principal residence and personally occupy it. A member can be temporarily absent from the unit for a total of more than three months in any year without the permission of the board of directors. The unit must remain the members’ principal residence while the member is absent. Members will be considered absent from their unit even if they visit them for short periods. Government requirements or co-op by-laws may set limits on absence from units for members who receive housing charges subsidy.
5.3 Absence from Principal Residence
- Notice of absence
If a co-op member is going to be absent from their unit for more than one month, the member has to give advance written notice to the co-op. If all co-op members in the household are going to be absent from the unit for more than one month, the advance written notice has to explain the reason for the absence. - Meet with board
If the board of directors asks, a member who is going to be absent as referred to in paragraph (a) will meet with the board or someone designated by the board to give a detailed explanation. This is so the board can be sure co-op by-laws are not being broken.
5.4 Related Uses
- Related uses permitted
“Related uses” are typical home business uses that are related or incidental to the use of a unit as a member’s principal residence. Members can have one or more related use, if:- the use is permitted by government requirements, including zoning by-laws
- the use does not create disturbance beyond what is appropriate in a residential community like the co-op, such as by too much noise or too many visitors
- the use does not involve excessive demands on co-op utilities and services, such as electricity, and
- co-op by-laws are obeyed.
- Boarders
Members may have a boarder for a short period of time but must inform the Co-operative. They cannot charge more than a fair share of the housing charges, and if the member is in a receipt of a housing charge subsidy, they must declare the income of the boarder in their income verification. - Insurance and Liability
The member(s) must have all insurance that is reasonable (content & liability insurance) including any insurance that is needed to meet government requirements. The Member(s) must give the co-operative a current copy of the insurance policy and any changes. The member will be responsible for any claims against the co-op, co-op staff, contractors and other members and occupants that are connected to any related use by the member.
5.5 No Transfer of Membership or Occupancy Rights
Members cannot transfer their membership or their occupancy rights to anyone else.
5.6 No Profit from Unit
- Members must not profit, directly or indirectly, from sharing expenses with anyone using their unit.
- Members must not profit, directly or indirectly, when subletting, (article 7.6) or allow others to use their unit. Members must pay any profit to the Co-op.
- The co-op can ask members to prove that they are not profiting from any arrangement with guests or sub-occupants of their unit. If asked, members must give complete details of any arrangements. Examples of information requested can include sworn statements about the arrangement from anyone involved.
- Some examples of profit are, key money and placing too great a value on the furnishings of a unit. Profit does not include paying a reasonable charge for meals, cleaning etc. (if it is not a hidden profit on the housing charges).
5.7 Co-op’s Insurance
Members must not break any obligation that the co-op has to its insurance companies. The use of a member’s unit must not increase the co-op’s insurance costs or any other cost or liability of the co-op.
The Co-op must maintain proper insurance on the co-op property and fidelity insurance for employees and Board of Directors.
5.8 Privacy
- Permission Needed
Members have the right to privacy. The co-o may not enter without the member’s permission unless an emergency happens or appears to be happening, or proper notice has been given. - Permission Not Needed
After giving written notice of 48 hours to a member, someone appointed by the co-op can enter the member’s unit, at any reasonable time for:- Maintenance inspections, regular or special
- Maintenance, repairs of renovations,
- Any other reason which the board of directors decides.
- Showing unit
After giving written notice of 24 hours to a member, the co-op can enter the unit to show it to prospective occupants at any reasonable time. The Co-op can do this if:- The members have given notice to end their membership and occupancy rights
- The Co-op has given notice of a board of director’s decision to evict the member
- Time of entry
Any entry notice can give a time range and not necessarily a specific time. The time range can be longer than one day, and the notice can allow more than one entry into a unit. The member does not have to be present at the time of entry. - One notice per unit
Only one notice needs to be given under this section for all members and others in the unit.
5.9 Damage
- Major damage
If there is major damage affecting a large number of units, the board of directors will examine the situation and propose a solution. The membership will make the final decision at a members meeting. - Other damage
If only one or a small number of units are damaged, the board of directors will consult with the members living in the units to deal with the situation. - Things to decide
The board of directors and members will consider questions such as the following:- Should the unit be repaired?
- How quickly
- Will the members be required to move out, and if so when?
- Will there be any charges to the members during the period?
- Are there any available units that the members can occupy until their unit is repaired?
- Should there be any priority on the co-op’s internal or external waiting list?
- Limit of co-op responsibility
The co-op does not have to provide a housing unit, or pay for increased housing charges, or rent to an outside landlord, or any other costs, because of damage unless the costs are covered by the co-op’s insurance or are payable by a government or other subsidy provider. The co-op does not have to repair a unit and can terminate membership and occupancy rights because of damage if that is part of the decision under this section. - What is damage?
Damage under this section is anything that makes a unit uninhabitable. It could be a specific event such as a fire, or a condition like mold or insect infestation.
5.10 Members’ Insurance
Members must obtain liability insurance and property insurance for their units and provide proof of such to the co-op on a regular basis. The co-op, co-op staff, contractors and other members will not have any liability to a member or a person in a member’s household for things that would be covered by a normal renter’s or co-op member’s insurance policy. It does not matter what caused any loss and it does not matter whether the member or anyone in the household has failed to obtain the proper insurance.
5.11 Maintenance and Repair
- Responsibility of the co-op
The co-op must keep all units in a good state of repair and fit for habitation. It must make sure that each unit meets all health, safety and housing standards in government requirements. The co-op must keep the co-op property other than the units and all services and facilities of the co-op to the same standard as the units. - Appliances
The co-op must provide each unit with a stove and refrigerator in normal working order. - Responsibility of members
Members must keep their units reasonably neat and clean. Members must meet the standards of cleanliness and maintenance in government requirements. Members must not do, or fail to do, anything that damages their units or other parts of the co-op property. - Co-operation with the co-op
Members must co-operate in all reasonable ways with co-op staff and any tradespeople or contractors who are involved in repair and maintenance. This includes making sure that their unit is ready for access when notice of entry is given. It also includes doing anything necessary to prepare their unit for co-op work, such as pest control. - Reporting problems
Members must promptly report to the co-op any condition in their unit, the equipment in the unit or their building, if it could cause damage to their unit or co-op property. - Maintenance and Improvements Policy
The co-op’s Maintenance and Improvements Policy may have more detail on maintenance and repair responsibilities. The co-op and the members must obey this policy.