By-Law #3: Article 4: Member Control

4.1 Powers of the Board and Members

  1. The Board runs the business of the Co-op. The members do not do this directly. However, the powers of the members include:
    • electing directors under 5.04 of this by-law
    • removing directors under 5.11 of this by-law
    • approving the budget and housing charges under Article 4 of the Occupancy By-law
    • requisitioning directors to act under Article 4 of this by-law, and
    • appointing the auditor each year under Article 11.03 of this by-law.
  2. The act allows members’ meetings to make decisions if
    • the by-laws or the Act say that a members meeting must decide something
    • the by-laws of the Act give members the right to overrule a Board decision, or
    • members follow the procedures in the Act and in Article 4 of the by-law

4.2 Requisition for Passing a By-Law or Director’s Resolution

  1. Ten percent of the members can requisition the directors to pass any by-law or resolution. The must sigh and deliver a notice to the Co-op’s office. The notice must state the wording of the by-law or resolution.
  2. The Board does not have to comply with the notice. If it wishes to comply, it must pass the by-law or make the decision within twenty-one days. If confirmation is required, the Board must also call a members’ meeting to confirm it within the twenty-one-day time limit, or put it on the agenda for a meeting that has already been called. The meeting does not have to be held within the twenty-one-day limit.

    If the Board does not wish to comply with the notice, any of the members who requisitioned the meeting can call a members’ meeting for that purpose. This members’ meeting has the full power to pass the by-law or make the decision. This is the only way that members can adopt a by-law that the Board as not passed.

  3. The rules for these requisitions are in section 70 of the Act.

4.3 Requisition to put a Resolution on the Agenda of a Members’ Meeting

  1. Five percent of the members can requisition the directors to put a resolution on the advance agenda for the next members’ meeting. They must sign and deliver a notice to the co-op’s office. The notice must state the wording of the resolution. This notice may include an explanation of the resolution of no more that one thousand works. The Board will include this with the notice.
  2. This procedure does not allow the members to
    • pass a by-law unless the Board has already passed it, or
    • make a decision unless the members already had the right to make it without a requisition.

    3. It does allow members to remove a director under 5.11 of this by-law.

  3. Members can have any item put on the advance agenda for a members’ meeting as stated in 3.06(d) or this by-law.
  4. The rules for these requisitions are in section 71 of the Act.

4.4 Requisition for a Members’ Meeting

  1. Five percent of the members can requisition the directors to call a meeting for any purpose that is:
    • connected with the business of the co-op, and
    • is in agreement with the Act.

    They must sign and deliver a notice to the co-op’s office. The notice must state the purpose for calling the meeting.

  2. The Board can include the business of the requisitioned meeting as part of any meeting that is scheduled during the time period stated in section 79 of the Act. Therefore, it is not necessarily a separate meeting.
  3. The right to requisition does not allow the members to pass a by-law unless the Board has already passed it. This procedure is to be used when the Board is not calling members’ meeting as often as it should. It does not give the members any authority which they do not already have.
  4. The Rules for these requisitions are in section 79 of the Act.
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