By-Law #2: Article 9: How Members Withdraw from the Co-Op

9.1 Withdrawal from Membership

Members cannot withdraw from membership without ending their occupancy rights. Members cannot end their occupancy rights without withdrawing from membership. A notice to end occupancy is also a notice to withdraw from membership and a notice to withdraw from membership is also a notice to end occupancy rights.

9.2 Ending Membership and Occupancy

This section applies when all members in a household wish to end membership and occupancy rights. The procedure is based on the requirements of the Co-operative Corporations Act.

  1. Last day of a month

    Each member must give advance written notice of termination to the co-op. The notice must state a termination date. The termination date must be the last day of a month. Membership and occupancy rights end on the termination date stated in the notice.

  2. 60 days’ notice

    The amount of notice given must be at least 60 days. There is an exception if the termination date is the last day of February or March.

  3. February and March

    If the termination date is the last day of February, the notice can be given on or before December 31 of the previous year.
    If the termination date is the last day of March, the notice can be given on or before January 31 of that year.

  4. Not enough notice

    If a member gives less than the required notice of termination, the termination will still be effective. The termination date will be a minimum of 60 days after the notice is given landing at the end of the month.

  5. No withdrawal of notice without consent

    Members cannot withdraw a notice of termination without the written consent of the board of directors. The board can refuse to allow members to withdraw a notice of termination. The board’s refusal will be final and cannot be appealed to the membership.

  6. Vacating early

    If all persons in the household vacate the unit earlier than the termination date, the
    co-op can take possession of the unit and the members and other persons in the household are not entitled to move back in. Membership and occupancy rights end on the day the co-op takes possession. The members will owe housing charges that become due until the original termination date.

  7. If members do not vacate

    If all persons in the household do not vacate the unit on the termination date or earlier, the co-op can take legal action for an eviction order. The procedures in Articles 10 to 12 relating to eviction do not apply.

9.3 Part of Household Ends Membership and Occupancy

This section applies if a member stops occupying a unit as a principal residence, but one or more co-op members continues to occupy the unit. This could happen following domestic violence (see section 6.6) or because a member moved out for any other reason.

  1. Membership and Occupancy ends

    The membership and occupancy rights of the person leaving the unit ends on the first day the person no longer occupies the unit as a principal residence

  2. Notice by remaining household

    The members who continue to occupy the unit must notify the co-op in writing within ten days after one of the members or non-member occupants stops occupying the unit as a principal residence. They must do this even if that person gave notice of termination or was evicted due to domestic violence.

  3. Housing charge subsidy

    If the financial situation is such that the remaining members will be in financial difficulty, they can apply for a housing change subsidy, and be placed on the internal waiting list, but will not be given precedence over anyone else unless it is a situation of domestic violence. In this case the remaining members may be entitled to emergency housing charge subsidy if available under the co-op by-laws and subject to any applicable government requirements.

9.4 Vacant or Abandoned Unit

  1. If a unit is vacant or abandoned, the co-op can take possession, or the board of directors can decide to take legal action. The procedures in 5.7 do not apply.
  2. Membership and occupancy rights end on the day the co-op takes possession of the unit.
  3. A unit shall be deemed abandoned if reasonable inquiry indicates that the persons have not been seen entering or leaving the unit for a significant period and if on entry the unit appears vacant by reason of absence of furniture or personal belongings.
  4. If a unit has been abandoned, the co-op may enter the unit and allot it to another member or applicant.
  5. Any losses or costs to the co-op shall be the responsibility of the abandoning member(s).

9.5 Members no longer Living in the Co-op

The membership and occupancy rights end on the first day the member no longer lives in the unit.