7.1 Basic Requirements
- Who is part of a household
In the co-op’s by-laws, household means:- a member
- any other members living in the unit
- children of the member who are under sixteen and live in the unit
- children of the member who have turned sixteen and continue to live in the unit, and
- long-term guests approved by the board of directors under this Article.
Someone is considered a child of a member if they would be considered the member’s child under the Ontario Family Law Act.
- Guests and sub-occupants
A guest is someone staying in a member’s unit at the same time as the member or someone in the household. A sub-occupant is someone staying in a member’s unit when all persons in the household are away. - Who is not part of a household
Only persons mentioned in paragraph (a) are part of a member’s household. Other persons can stay in a member’s unit only as casual guests or sub-occupants and only if permitted by this By-law. Members must not allow anyone else to use their unit. - Non-member occupants
Occupants of a unit who are not members have:- no right to occupy the unit independent of the members
- no right to occupy any other unit in the co-op
- no right to a place on the co-op’s internal waiting list.
7.2 Addition of a Member
Someone can apply for membership in the co-op as an addition to an existing household. The application must also be signed by all co-op members in the household. The applicant will become part of the household if accepted as a member. If not accepted, the applicant can occupy the unit only as a long-term guest if approved by the board of directors.
7.3 Adult Children of Members
Persons in a member’s household who turn sixteen can apply for membership in the co-op. The application must also be signed by all co-op members in the household as well as the adult child. If persons who turn sixteen do not apply for membership or are not accepted as members, they will automatically be considered long-term guests. A long-term guest agreement is not necessary.
Adult children of members may remain as long-term guests up to the age of 26 years if they are attending an educational institution.
Any adult children of members who are not attending an educational institution at age 20 must apply for membership, and if accepted they must sign the occupancy agreement. If not accepted for membership, they may apply for long term guest status. At this point, if they are accepted, they must sign the long-term guest agreement (Schedule A) of this by-law.
7.4 Casual Guests
Members can have only a reasonable number of casual guests (reasonable may be determined by the board).
A casual guest may not stay at the co-op for more than three months in any year. Persons will be considered as staying at the co-op even if they are away from the co-op for short periods.
A member may ask permission of the board to have a guest stay for more than three months in any year. When the board gives permission for any guest it:
- Set the time limit for the visit
- Have the members and their guest sign a long-term guest agreement
- And if the member is in receipt of a subsidy the income of the casual guest may be included in the income of the household as per government guidelines
7.5 Long-term Guests
- Approval needed
Members can make a written request to the board of directors to approve someone as a long-term guest. The request must be signed by all co-op members in the household. The proposed guest must sign the request and consent to a credit check. The member and the proposed guest must provide any other information requested by the co-op. The addition of a long-term guest must not put the total number of occupants over the occupancy guidelines. - Length of time
The board of directors can approve a long-term guest for a fixed period or for a maximum period or for an indefinite period. This must be stated in the board’s approval motion. If approval is for a fixed or maximum period, the person will no longer be a long-term guest at the end of the period. Paragraph (d) (Cancelling long-term guest status) does not apply. - Long-term guest agreement
All members in the household and their guests must sign and comply with a long-term guest agreement, such as Schedule B attached to this By-law. - Cancelling long-term guest status
The board of directors can cancel long-term guest status or change the terms of long-term guest status at any time. This includes long-term guests under section 7.3 (Adult Children of Members). Ten days’ notice must be given to the members in the household and their guest of any meeting where canceling the long term guest status will be discussed and written notice of the board decision must be given after the meeting. Only one notice of a meeting or a decision needs to be given for all members and others in a unit. - Housing charge subsidy calculation
The income of long-term guests is normally to be included in household income when housing charge subsidy is calculated. This is subject to government requirements and the co-op’s Housing Charge Subsidy By-law.
7.6 Sub-Occupancy
- If members want to leave the co-op temporarily, they can make a request to the board to allow someone to occupy their unit as a sub-occupant. The members and all sub-occupants must sign a Sub-Occupancy Agreement such as Schedule C of this By-law before the sub-occupancy begins.
- All sub-occupants must have the approval of the members selection committee and the board.
- Normally a sub-occupancy cannot last more than three months. In unusual circumstances the board of directors can allow a longer term but not longer than twelve months.
7.7 Evicted Persons
If someone has been evicted from the co-op or has left after a Notice to Appear was issued or in a situation of domestic violence are owing money to the co-op, a member cannot permit that person to be a casual guest or long-term guest or a sub occupant without advance written approval from the board of directors. The co-op may treat that person as a trespasser and may have him or her removed from the co-op property. The member who permits that person on the co-op property will be considered in breach of this by-law.
7.8 Co-op Employees
- A permanent employee of the co-op cannot be a member of the co-op. If the board and the membership decide that the employee’s duties make it necessary to live in the co-op, the employee will be a tenant of the co-op. Part V of the Residential Tenancies Act applies.
- The board must make sure that there is a written agreement with the employee stating that the employee’s tenancy ends at the same time that the employment ends, however the employee may apply for membership at that time.
7.9 Death of a Member
- If a member dies and no other members occupy the unit, the member’s estate will be responsible for housing charges until the end of the second month after the death. The estate must remove all the member’s possessions by the end of the second month after death. The co-op can agree to an earlier date to end housing charges and to the removal of possessions. If possessions are not removed by the time required under this paragraph, the co-op can remove and dispose of them without liability to anyone.
- If other members occupy the unit at the date of death, they must give the co-op written notice of the death.
- Non-members living in the unit after a member’s death can apply for membership. If they are accepted, the board can allocate the unit to them without putting them on a waiting list if they meet the minimum/maximum household size. If they do not apply for membership or their application is rejected, the board can evict them without using the procedures in Article 10. The eviction of any non-member would follow the Residencies Tenancy Act.