10.1 Notice to Appear
If at a duly constituted meeting of the board of directors the board decides to consider the eviction of a member or member, they must send a notice to appear to the member(s) in the form of Schedule D attached to this by-law. This notice must be given at least ten days before the date of the meeting at which the board will be consider ending the member(s) occupancy rights. The notice must state the place of the board meeting the time and date of the board meeting, the expected time in the meeting when the members are expected to arrive, the proposed termination date, and the grounds for termination.
10.2 Procedure
-
Member and representative can attend meeting
When a Notice to Appear has been given, the member can appear at the board of directors meeting and can have a lawyer or other representative. The member and a representative can speak at the meeting. They can also deliver written statements at the meeting or before the meeting. They can take notes but cannot record the meeting, whether by tape or any other device. The board sets the procedure for the meeting. The board can limit the number of people brought by the member.
-
Continuing meeting
If the board of directors decides to continue the meeting on another date, no new Notice to Appear is required if the time and place to continue the meeting is announced at the original meeting.
-
Making decision
The board of directors makes an eviction decision by passing a resolution to evict a member. A quorum of the board must be present and there must be a majority vote. The board decision should state the grounds of eviction on which the decision is based and the termination date. The board can make its decision using Schedule E or Schedule F attached to this By-law. The minutes do not have to state who made or seconded the motion to pass the resolution or how each director voted.
-
Date of termination
The decision can state a termination date that is later than the proposed date in the Notice to Appear.
-
Notice of decision
Written notice of a decision to evict must be given to the member within ten days after the board of directors meeting. Schedule G or Schedule H attached to this By-law can be used for the notice. The Notice should normally include a copy of the eviction decision.
10.3 When the Co-op Can Evict a Member
- The board can evict a member if the member(s)
- Is in arrears of their housing charges to the co-op
- Has been repeatedly late in paying housing charges
- Has broken any of the co-op by-laws
- Has repeatedly broken the By-laws, even if the member has corrected the situation when notice is given
- Has broken agreements with government agencies
- The board can evict a member if the member(s) has committed an act of violence or committed and illegal act within the co-op.
- The board can evict a member if the member does not fit the minimum/maximum household size requirements and refuses to move to a suitable unit.
- The board can evict a member if the member is unable to live independently.
10.4 Notice Periods
The minimum number of days following the board meeting stated in the notice for eviction will be ass follows:
- Ten days if the member owes chargfe3s to the co-op
- One day in the case of proven domestic violence, defined as sexual abuse or physical abuse
- Sixty days if the member is unable to live independently
- Ninety days if the member’s household size breaks the co-op’s occupancy standards
- Thirty days for all other reasons.