By-Law #2: Article 8: Occupancy Rights and Standards

8.1 Purpose of this Article

The co-op has established minimum household size rules in order to balance the co-op’s obligation to make the best use of co-op property and the rights of co-op members to have long-term security in their units. The co-op also has established rules on what will happen if members are no longer able to live independently, or if the Government should take over ownership of the Co-op.

8.2 Minimum/Maximum Household Size

  1. Minimum number of persons who can live in each of the co-op’s unit types are:
    • Two-bedroom: 1 person
    • Three-bedroom: 2 persons

    “unless stated in the subsidy agreement”

  2. Maximum number of persons who can live in each of the co-op’s unit types are:
    • Two -bedroom: 4 persons
    • Three-bedroom: 6 persons

These are the “Maximum Occupancy Standards”

8.3 When Household Size Rules Apply

The minimum household size rules in this Article apply in the following situation:

  1. New Members
    A household cannot be allocated a unit and move into the co-op unless the household size is within the minimum/maximum household size requirements for the unit available.
  2. Moving to a different unit
    A household cannot move to a different unit unless the household size meets the minimum requirements for the new unit or gets closer to it. (i.e.: if a single parent’s children have moved out and is no longer eligible for a three-bedroom unit the parent would be moved to a two-bedroom unit).
  3. Splitting a household
    A member cannot move into a new unit while another member remains in the old unit unless the household size in each unit meets the minimum requirements.
  4. When a household is reduced or increased in size
    If a member of the household stops occupying a unit and the remaining number of people in the household do not meet the minimum requirements for the unit, or if more people move into a unit and they have too many people for the maximum requirements of the unit.

8.4 Change in Household Size

  1. The number of persons in a member’s household may change. The member must give prompt written notice of the change to the co-op office. The notice must give the names of the person(s) who have moved in or out of the unit
  2. Members must agree to a credit check of any new person over the age of 16 in their household, and this person must sign a consent if the co-op askes for it. Members must also give the co-op any other reasonable information which the co-op requests.
  3. If a change in household size means that members’ no longer meet the minimum or maximum standards of the co-op, the board will normally require the household to move to a unit of the proper size. The board will put the member(s) at the top of the waiting list for a proper size unit.

    The board of directors can decide not to require the household to move if:

    • The situation is temporary
    • The board decides that there are special circumstances that justify letting the household stay in the unit.
  4. The board must give the member(s) who are being asked to move ten days written notice of the meeting at which this resolution is being considered.
  5. If a member refuses to move to a unit offered by the board, the member can be evicted from the co-operative. The board must use the procedures in Article 10 of this By-law to evict a member.

8.5 Members No Longer Living in the Co-op

When a member ceases to live in the co-op as a principal residence, but other members remain in the unit, it will be considered that the person has given notice to withdraw from membership on the first day the member no longer lives in the unit. The member’s occupancy rights also end on that day.

8.6 Subsidized Households

Subsidized households must meet any household size standards and other rules in government requirements and in the co-op’s Housing Charge Subsidy Policy. These are in addition to what is stated in this Article.

8.7 Able to live Independently

  1. Members must be able to live independently and take care of themselves or arrange for their care without undue hardship on the co-op, its members or employees. This is an essential requirement of living in the co-op.
  2. The board can evict a member if it decides that the member cannot meet these conditions, but this may not happen if:
    • The member makes arrangements that are acceptable to the board
    • The member signs and obeys a written agreement if the board requires it

The board must use the procedures stated in Article 10 of this by-law to evict a member.