16.1 Personal Information to Membership
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When members raise things about themselves
If a member appeals a board of directors’ decision under the co-op by-laws or raises something at a members’ meeting involving the member’s personal information, the board can disclose other relevant personal information about that member.
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When members raise things about someone else
A member cannot appeal a board of directors’ decision under the co-op by-laws about another person or raise something at a members’ meeting involving personal information about another person, unless the other person has given written approval. The member must show the written approval to the chair of the meeting. It may be examined by any member. If the written approval is given, the chair can allow members to discuss that personal information and the board and staff can disclose other relevant personal information about the person. If that person does not give approval, the appeal or discussion is out of order.
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Appeal information
If a member distributes written information to the membership about an appeal under the co-op by-laws or other decision involving their own personal information, the board of directors can disclose other relevant personal information about that member. The same thing applies if the co-op is required to distribute the information under section 14.2(b) (Member’s statement) of this By-law.
16.2 Legal Actions against Co-op
If anyone sues the co-op or takes other legal action against the co-op, such as a complaint to the Ontario Human Rights Tribunal, the board of directors should report the matter to the members in writing or orally at a members’ meeting. This applies whether the lawsuit or legal action is started by a co-op member or anyone else. The report can include relevant detail, including personal information of the person who started the action, if relevant. The board does not have to report the matter to the members if it does not believe it would be in the best interests of the co-op to do so. The board would normally get legal advice about any disclosure or decision not to disclose.
16.3 External Complaints
If a member makes a complaint about the co-op to anyone outside the co-op or sends anyone outside the co-op a copy of an internal complaint, the board of directors is entitled to respond to that complaint to the same persons or organizations. This includes complaints by e-mail, orally or on social media. In responding the board can disclose relevant personal information about the member and the member’s household. Examples include complaints sent to bodies like the Agency for Co-operative Housing, Canada Mortgage and Housing Corporation, a service manager, a government official, a newspaper, the Co-operative Housing Federation of Canada or a local co-op housing federation. .
16.4 Non-Members in a Member Unit
Parts of this By-law apply to non-members living in a member unit. In dealing with non-members who are occupying a member unit, the board of directors may take any action permitted by law.
16.5 Proof
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When required
When investigating compliance with the co-op’s by-laws or government requirements, the co-op can ask a member to prove:
- that the member’s unit is the member’s principal residence
- that the member is not profiting from any arrangement with guests or sub-occupants
- the member’s household composition
- the member’s household income all people living in the unit) if the member receives housing charge subsidy
- other things to show compliance with government requirements, this By-law and other co-op by-laws, as applicable.
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Member response
If asked, members must give complete proof and details about the things stated in paragraph (a). This request can include originals or copies of any documents and sworn statements from everyone involved. Failure to provide proof under this section is a breach of this By-law. If a member fails to provide proof, the co-op can conclude that this is evidence that the member is not complying with government requirements, this By-law or other co-op by-laws, as applicable.
16.6 Serving Eviction Documents
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Ways to serve documents
Notices and other documents relating to an eviction are considered served on a member if given in any of the following ways:
- handing it to the member
- handing it to an apparently adult person in the unit
- leaving it in the mail box where mail is ordinarily delivered to the member
- if there is no mail box, sliding it under the door of the member unit r or leaving it at the place where mail is ordinarily delivered to the member
- mailing it to the last known address where the member lives or works (when mailed the documents are considered delivered or served on the fifth day after the day of mailing).
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More than one member/Single Notice
Only one notice or one copy of a document under article 3 (Members’ Contributions) or Article 4(Setting Housing Chargers) needs to be given for each unit, but it must list all members in the unit.
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Electronic mail
Notices and documents under Article 3 (Members’ Contributions) and Article 4 (Setting Housing Charges) can be given by electronic mail to members who have signed a form consenting to notices by electronic mail. The form must state an e-mail address. Notices and documents sent by e-mail are considered delivered at the time of sending. Members can change their e-mail address by notice to the co-op. Members can also cancel their consent to receive e-mail notices. A separate consent form does not have to be signed if the members have signed a consent form under the Organizational By-law.
16.7 Signing Schedules for Co-op
The Schedules to this By-law (including any Appendixes) can be signed on behalf of the co-op by the coordinator, any director or anyone authorized by the board of directors.
16.8 Minor Errors, Omissions or Irregularities
A minor error, omission or irregularity will not affect any decision made by the board of directors and/or members as stated in the Co-operative Corporations Act.
16.9 Starting Date for this By-law
This By-law will go into effect on the date when it is confirmed by the membership.