Category Archives: Handbook

Occupancy Agreement

Helen’s Court Co-operative Housing

SCHEDULE A TO THE RULES: OCCUPANCY AGREEMENT

Table of Contents
RECITALS 

  1. Conditions of Possession
  2. Right to Possession
  3. Parking
  4. Housing Charge
  5. Share Payment
  6. Payment of Utilities
  7. Rules and Policies
  8. Use as Private Residence
  9. Insurance Hazards
  10. Alterations to Property
  11. Interior Maintenance and Repair of Unit
  12. Personal Insurance
  13. Liens
  14. Assignment and Subletting and Failure to Reside
  15. Signs or Notices
  16. Termination of Membership and Occupancy Agreement
  17. Notice and Delivery of Vacant Possession
  18. Withdrawal
  19. Sale of Shares on Withdrawal or Termination of Membership
  20. Rights and Remedies/Waivers
  21. Ceasing to Occupy Premises
  22. Management of the Co-op
  23. Insurance of Development
  24. Visitors
  25. Right to Enter
  26. Serving Notices
  27. Limitation of Liability
  28. Miscellaneous Provisions

THIS OCCUPANCY AGREEMENT is SCHEDULE A  to the Rules of Helen’s Court Co-operative Housing Assoc. and is effective as and from the date on which the Rules come into effect and governs Helen’s Court Co-operative Housing Assoc. , a co-operative association incorporated under the laws of the Province of British Columbia, (the “Co-op”)

– A N D –

Each member of the Co-op in respect of the residential housing unit assigned to the member on the records of the Co-op (the “Member”) in relation to use and occupation of certain residential premises.

RECITALS


WHEREAS:

A. The Purpose of the Co-op

The Co-op has been incorporated under the Cooperative Association Act of British Columbia (the “Act”) as a not for profit housing co-operative for the purposes of acquiring and leasing residential housing units on land leased by the Co-op and more particularly known and described as: 2137 West 1st Avenue, Vancouver, BC (the “Lands”) with the intent that the members of the Co-op may lease the residential housing units thereon (the “Development”);

B. Granting of the Occupancy Agreement

This occupancy agreement (the “Occupancy Agreement”) is granted to the Member, subject to and under the memorandum of association of the Co-op (the “Memorandum of Association”) and the Rules of the Co-op (the “Rules”), to which this Occupancy Agreement is scheduled, of the Co-op.

C. Right to Possession

The right of the Member to possession or occupancy of a residential housing unit assigned to the Member hereunder is dependent upon the Member complying with in all respects the obligations of the Member under this Occupancy Agreement and continuing to be a member in the Co-op and to hold the number of shares of the Co-op (the Shares”) required by the Rules.

 

In consideration of the mutual promises set out in this Occupancy Agreement, the parties agree as follows:

  1. Conditions of Possession

1.01 Breach of conditions

This Occupancy Agreement and the term hereby created shall be subject to the conditions herein set forth, and shall cease and determine upon withdrawal from or termination of membership.

1.02 Rules and policies

The term of the Occupancy Agreement and possession of the Unit by the Member is subject to:

[a] the terms and conditions set out in the Rules and policies of the Co-op from time to time;

[b] relevant and applicable zoning, health, or other laws of the municipal, provincial, or federal governments;

[c] the terms and conditions of any mortgages or other agreements between the Co-op and any federal, provincial or municipal authority; and

[d] the Head Lease dated June 28, 1983 and made between the City of Vancouver, as lessor, and the Co-op, as lessee.

1.03 Foreclosure

If an order of foreclosure is made by any court of competent jurisdiction foreclosing the interest of the Co-op in the Lands or the Development, this Occupancy Agreement shall thereupon immediately cease and be void and of no effect.

1.04 Termination in bankruptcy

The Directors shall have the option to terminate the membership of the Member under the Rules if the Member is declared bankrupt, or makes a general assignment for the benefit of creditors, or a receiver of the Member’s property is appointed, or the Member’s Shares in the Co-op are claimed, seized or charged under any legal or equitable process, or sold pursuant to any agreement whereby the Shares were attempted to have been pledged as collateral security.

1.05 Trustee has no rights to the Shares

No trustee or receiver of the Member or the Member’s Shares or person claiming any interest in the Shares pursuant to any bankruptcy assignment, pledge or security is entitled to any right to or possession of the Unit.

  1. Right to Possession

2.01 Term

The Co-op leases to the Principal Member for the term (the “Term”), commencing with the date on which occupancy of the Unit is granted by the Co-op to the Member and ending with the earliest of the withdrawal from, termination or cessation of membership of the Member, or the death of the Member, subject always to earlier termination as herein provided, the residential housing unit assigned to the Member on the records of the Co-op or subsequently assigned to the Member (the “Unit”).

2.02 Common area

The Co-op hereby grants to the Member during the Term, in common with the other members of the Co-op, the non-exclusive use for their proper purpose, the entrance, passageways, roadways, sidewalks, common grounds and other common areas of the Development throughout the Term.

2.03 Family members

If the Member shall cease to be entitled to occupy the Unit, the right of persons in the Member’s household, whether or not members of the Co-op and all other persons occupying or visiting in the premises, to continue to occupy or use the Unit shall cease and determine at the same time and without further notice being required.

3. Parking


3.01 Use of parking

Where possible, and subject to the Co-op’s Parking policies, the Member shall be granted during the Term of this Occupancy Agreement the use of one (1) parking space for use for parking of vehicles owned by the Member or persons permanently residing with the Member.

3.02 Parking policies

The Member agrees to comply with Co-op policies concerning parking allocations and appropriate use of the garage, as are applicable from time to time.

 

 


4.01 Payment of Housing Charge

The Member shall pay the Co-op on the first day of each and every month, commencing on the first day of the month of occupancy, during the term of the Occupancy Agreement, a housing charge as determined and assessed by the Co-op from time to time (the “Housing Charge”) and notified to the Member in writing.

4.02 Supplemental charges

The Member shall pay when due to the Co-op the Housing Charge, any additional or supplemental charge and any other amounts due to the Co-op under this Occupancy Agreement to the Co-op at the office of the Co-op or at such other place as the Co-op may from time to time designate in writing, and in the form and manner determined by the Directors of the Co-op with no right of set-off or abatement under any circumstances.

4.03 Setting the Housing Charge

From time to time the Directors of the Co-op shall set and recommend to the members of the Co-op the monthly Housing Charge payable hereunder by estimating the amount of money which, in the opinion of the Board of Directors shall be required by the Co-op during each fiscal year for the maintenance of the corporate existence of the Co-op and the carrying charges on the Lands and the Development, including taxes, and the sums in lieu of taxes, licenses, assessments, insurance, costs and adequate reserves for repairs, replacements, upkeep, maintenance and operation, and all other fees, costs and expenses incurred in the management of the Lands and the Development, and also including the amount, if any, as may be required to meet any deficit in the preceding fiscal year, all of which shall be approved by ordinary resolution at a general meeting of the Co-op, subject to the requirements as to approval by any federal, provincial or municipal agency or authority having jurisdiction.

4.04 Additional charges

If the members of the Co-op, by ordinary resolution at a general meeting of the Co-op, approve a levy to raise additional funds for any purpose, the Co-op may levy and collect an additional sum from the Member, which sum shall be payable by the Member upon notice to the Member.

4.05 Emergency charges

In addition to the provisions of Subsections 4.03 and 4.04, if an emergency exists requiring additional funds the Directors shall be entitled to levy an additional or supplemental charge upon the Member to cover the estimate of any additional funds required for the current fiscal year, and the additional or supplemental charge shall be payable by the Member immediately upon written notice to the Member.

4.06 Apportionment of charges

An additional or supplemental charge to be imposed or levied under Subsections 4.04 and 4.05 shall be apportioned among all members according to the number of Shares required to be subscribed.

4.07 Failure to pay Housing Charge

Failure of the Member to pay the Housing Charge, any additional or supplemental charge or any other amounts owing to the Co-op in accordance with this Occupancy Agreement shall be cause for termination of membership under the Rules.

4.08 Problem in payment of Housing Charge

If the Member anticipates a problem in making any payment of the Housing Charge or any other charge on time, the Member shall notify the Co-op of this likelihood in advance of the due date of the Housing Charge. Notice by the Member shall not excuse the Member from any obligation hereunder and shall be without prejudice to an action or proceeding which the Co-op may wish to undertake including termination of membership under the Rules.

4.09 NSF payments

If the Member’s cheque for monthly Housing charges is returned for non-payment or as otherwise unacceptable by the Member’s banking institution:

[a] the Member will be deemed to have failed to make payment of Housing Charges as required hereunder; and

[b] this may be cause for termination of membership under the Rules.
In addition the Member shall be liable for bank charges incurred in the processing of the returned cheques and any penalties or fines set by the Directors.

4.10 Payment by bank draft

If the Member’s cheque is returned as contemplated in Subsection 4.09 the Member shall, unless excused by the Directors, make all future payments of Housing Charges and supplemental and additional charges by bank draft or money order payable to the Co-op.

4.11 Homeowner grants

The Member shall assign to the Co-op all homeowner, occupier and property tax rebates, grants, concessions and refunds available from municipal, provincial, and federal governments for which the Member may be eligible.

4.12 Financial information

If any Member shall fail to complete any request, approval or other return or to provide any information required in respect of any homeowner, occupier or property tax rebate or grant, concession or refund with respect to the Unit upon written request the amount of any rebate, grant, concession or refund shall be payable in full by the Member to the Co-op immediately upon written notice to the Member.

4.13 Rent supplement

The Member acknowledges rent supplement, assistance or subsidy may be paid by federal, provincial or municipal agencies or authorities to the Co-op with respect to members who meet and comply with the criteria and requirements established by the agencies or authorities for rent supplement, assistance or subsidy. The Member must provide verification of household income and any other proof or information required by the Directors to substantiate eligibility of the Member to receive rent supplement, assistance or subsidy. The Member must report increases in income or other changes in household composition. The Member authorizes the Co-op to forward to any such agency or authority all verification of income and other information.

4.14 Retroactive assessment

If the Member fails to comply with Subsection 4.13, the Directors may, in their sole and absolute discretion, increase the Housing Charge, to be assessed retroactively to the effective date of the Member’s failure to comply and the assessed amount shall be payable in full by the Member to the Co-op immediately upon written notice to the Member.

 

5. Share Payment


5.01 Payment of Shares

The Member agrees to pay for all Shares of the Co-op required to be subscribed and paid for at the date of occupancy of the Unit or in accordance with a payment plan agreed to by the Co-op.

5.02 Calls on the Shares

The Directors may make calls on the Member for any of the money unpaid on the Shares and a call is deemed to have been made at the time when the resolution of the Directors authorizing the call was passed.

6. Payment of Utilities


6.01 Utilities

The Member shall pay all applicable gas, oil, water and electrical, telephone and any utility, cablevision, or similar charges or accounts, except for the cost of heat and hot water incurred in respect of the common areas. If the Member shall fail to pay the same, the Co-op may pay the same or any part thereof and the amount so paid shall be due and payable by the Member to the Co-op immediately on written notice to the Member.

7. Rules and Policies


7.01 Obey Rules and policies

The Member shall obey, observe and strictly conform to, and cause the Member’s family, visitors, guests, servants, agents and employees to obey, observe and strictly conform to, all the terms, conditions and provisions of this Occupancy Agreement and the terms and conditions set out in the Memorandum of Association, the Rules and the policies of the Co-op from time to time and all changes and additions to the Occupancy Agreement to the same extent as if they were herein incorporated.

7.02 Rules and Occupancy Agreement govern

If there is a conflict or inconsistency between the Rules, the Occupancy Agreement and the policies, the Rules and Occupancy Agreement govern.

7.03 Uniform application of Rules and policies

Unless otherwise specifically provided therein, all Rules and policies shall apply to all members of the Co-op uniformly and without preference or discrimination.

7.04 Participation

The Member or persons in the Member’s household shall collectively be required to work a minimum number of hours per month as determined by policy approved by the members in a general meeting to meet the operational requirements of the Co-op. Any number of hours exceeding the minimum that the Member or persons in the Member’s household shall be required to work shall be determined from time to time by the Directors by resolution, and the Directors shall be equitable, as in the discretion of the Directors circumstances may permit, in assigning specific tasks and performance times.

8. Use as Private Residence


8.01 Private residence

The Member shall use the Unit and all parts thereof only as the Member’s private, single-family residence, and for no other purpose without the prior written consent of the Directors. Without limiting the generality of the foregoing, the Member shall not permit any other person living in or visiting the Unit to use or conduct from the Unit any active or daily trade, business or profession.

8.02 Good neighbour provision

The Member shall not and shall not permit any person living or visiting the Unit to use the Unit in any way or engage in conduct which interferes with or disturbs other members’ quiet or peaceful enjoyment of the Development or unreasonably annoys or interferes with the other members of the Co-op by sound, conduct or other activity, or which obstructs or interferes with the rights of other persons, or obstructs the roads, sidewalks or areas designated as common areas, or injures the reputation of the Co-op, or in any other way breaches this Occupancy Agreement.

 

9. Insurance Hazards


9.01 Responsibility for hazards


The Member shall not cause or permit any nuisance, or activity in the Unit or in any part of the Development, nor suffer anything to be done or kept therein which shall increase the cost of fire, liability and other hazards insurance upon the Lands or the Development or the contents therein.

 

10. Alterations to Property


10.01 Alterations require consent

The Member shall not make or permit any structural alterations, changes or additions in or to the Unit, or any alterations, changes or additions in or to the exterior of the Development or any building or structure forming a part thereof, or any part of the interior thereof, except with the prior written consent of the Directors. Consent shall not entitle the Member to reimbursement for any amount expended by the Member for alterations, additions or changes.

10.02 Restoration costs

The Member shall pay all costs of repair and restoration of the Unit which result from alterations, changes or additions made by the Member if the alterations, changes or additions have not been approved by the Directors, and if the Member refuses or neglects for a period of ten days following receipt of written notice from the Directors to repair and restore the Unit to its original condition, then the Directors without further notice to the Member may cause repair and restoration of the Unit to be made, and may enter or cause their agents or servants to enter the Unit for that purpose. All expenses and costs incurred by the Co-op in doing so shall be due and payable by the Member to the Co-op immediately upon written notice to the Member.

10.03 Municipal compliance of alterations

All alterations, changes or additions made by the Member shall comply with applicable municipal by-laws and regulations and provincial and federal building codes and requirements, and the Directors may require such proof of compliance as may be necessary, including further improvements, to bring the said alterations, changes or additions to the standards required, with all costs to be borne by the Member and if the Member fails to comply with the standards required the Directors may cause all measures to be taken so as to comply and may cause their agents and servants to enter the Unit for that purpose. All expenses and costs incurred by the Co-op in doing so shall be due and payable by the Member to the Co-op immediately upon written notice to the Member.

10.04 Compensation for alterations

Upon withdrawal from or termination of membership:

[a] the Member shall not receive any compensation from the Co-op for alterations, changes or additions left in, on or affixed to the Development or the Unit by the Member;

[b] if the Member chooses to remove the alterations, changes or additions, the Unit must be left in the same condition as it was prior to the alterations, changes or additions having been made; and

[c] if the Member refuses or neglects for a period of ten days following receipt of written notice from the Directors to repair and restore the Unit to its original condition, then the Directors without further notice to the Member may cause repair and restoration of the Unit to be made, and may enter or cause their agents or servants to enter the Unit for that purpose.

10.05 Compliance with alteration procedures

The Member shall comply with the procedures established by the Co-op from time to time for authorization and installation of alterations, changes or additions to the Unit.

 

11. Interior Maintenance and Repair of Unit


11.01 Interior condition

The Member shall at the Member’s own expense, keep the interior of the Unit in good condition and repair and in keeping with the character of the rest of the Development.

11.02 Damage caused by leakage

The Co-op shall not be answerable or chargeable for any decorations nor for any damage caused to contents of the Unit by leakage or overflow of water, electricity, gas, oil, steam or vapour from any water, steam, drain, or gas or oil pipes or electrical conduits, or from any other source, belonging or appertaining to any other part of the Development.

11.03 Liability for damage

The Member shall be liable for any damage to any part of the Lands, Unit, or the Development caused by a pet of the Member or by those for whom the Member is responsible in law or caused by the wilful negligent act or omission of either the Member or the Member’s family, guests, agents, employees or any other occupant of the Unit.

11.04 Repairs as required

The Member shall make all repairs as required by the Occupancy Agreement in a manner acceptable to the Directors, and if the Member at any time fails, refuses or neglects for a period of ten days after having received written notice from the Directors to make repairs, or to maintain the Unit in good condition, the Directors may cause the repairs to be made, or place the Unit in proper condition, and may enter or cause its agents or servants to enter the Unit for that purpose, and all expenses and costs incurred by the Co-op in doing so shall be due and payable by the Member to the Co-op immediately upon written notice to the Member.

11.05 Reports defects

The Member shall immediately report in writing to the Directors any failure or defect of electrical, mechanical, or structural components or systems of the Unit or the Development of which the Member has notice or knowledge.

11.06 Repairs on leaving

Upon withdrawal from or termination of membership in the Co-op, the Member shall surrender and deliver up to the Co-op vacant possession of the Unit, including all additions thereto, in the same condition and state of repair as at the date the Member took possession, (reasonable wear and tear and damage or loss by fire, tempest, earthquake, the Queen’s enemies, and acts of God excepted).

Upon such surrender, the Co-op is hereby authorized to:

[a] make decorations, repairs, changes, alterations or restorations to the Unit as may be necessary or convenient in the Co-op’s sole discretion; and

[b] put the Unit in the required condition and state of repair.

Whereupon the Member will, upon demand, pay to the Co-op all costs and expenses of such decorations, repairs, changes, alterations and restorations, which costs and expenses shall be due and payable by the Member to the Co-op immediately on notice in writing to the Member.

11.07 Inspection on termination

The Directors shall cause the Unit to be inspected on, before, or within a reasonable time after withdrawal from or termination of membership and provide the Member with a written list of cleaning, repairs, changes, alterations and restorations which the Co-op requires to be carried out at the Member’s expense.

11.08 Cost of repairs and cleaning

The Directors shall provide the Member as soon as practical after the Member vacates the Unit with a written schedule of estimated charges for cleaning, repairs, changes, alterations and restorations not carried out prior to vacating the Unit by the Member, and the total of the said charges shall be due and payable by the Member to the Co-op immediately on written notice to the Member and the Directors may deduct the charges from the amount paid on account of the Member’s Shares.

12. Personal Insurance


12.01 No liability of Co-op for injury

The Co-op shall not be liable for any loss of property or personal injury that a Member or any other person residing or visiting in the Unit may suffer or sustain and the Member shall hold the Co-op harmless from any claim with respect thereto.

 

13. Liens


13.01 Member not to permit liens

The Member shall not cause or permit any builders’ liens or any other lien to be placed upon or against the Lands, the Development or the Unit on account of any material or labour used in the making of any decoration, alteration or repairs to the Unit.

13.02 Co-op may pay lien

If any lien is filed, or an attempt is made by any person, corporation or firm to file a lien against the Member’s Unit by reason of the action, conduct or omission of the Member, the Co-op may, at its option, pay and discharge any such lien or purchase any such lien and add the amount so paid to the Housing Charge due or to become due hereunder and the amount shall be immediately due and payable by the Member to the Co-op upon written notice to the Member.

14. Assignment and Subletting and Failure to Reside


14.01 Subletting and assignment requires consent

The Member shall not assign this Occupancy Agreement nor sublet in whole or part the Unit nor otherwise part with possession of the Unit nor encumber any interest in and to the Occupancy Agreement, except with the prior written consent of the Directors, consent to be in the sole and absolute discretion of the Directors.

14.02 Failure to reside

The Member shall reside in the Unit on a full-time permanent basis as the principal residence of the Member and shall not without the written consent of the Directors, cease or fail to reside in the Unit on a full-time permanent basis for a period exceeding thirty (30) days.

15. Signs or Notices


15.01 Signs not permitted

The Member shall not place signs or notices on any door, window or wall or other part of the Unit where they may be visible from the outside of the Unit without prior written consent of the Directors, consent to be in the sole and absolute discretion of the Directors.

 

16. Termination of Membership and Occupancy Agreement


16.01 Right of occupancy

The Occupancy Agreement and the right of the Member, and that of any person residing in the Unit, to possession or occupancy of the Unit shall terminate if the membership of the Member is terminated under the Rules.

16.02 Material conditions

For the purposes of the Rules and this Occupancy Agreement, material conditions of this Occupancy Agreement include, without limitation, Section 3 to Section 15 inclusive and Section 24 in their entirety.

16.03 Oppression remedies and arbitration do not apply

If the membership of the Member is terminated, the Member agrees that Sections 156 (i.e. oppression remedy) and 208 (i.e. arbitration) of the Cooperative Association Act, and any grievance or dispute procedure that may exist in the Rules or the policies of the Co-op do not apply and are expressly waived and shall not be invoked by the Member.

 

17. Notice and Delivery of Vacant Possession


17.01 Termination of Occupancy Agreement

This Occupancy Agreement shall be automatically terminated:

[a] in the case of withdrawal from membership in the Co-op, at 12:00 noon on the effective date of withdrawal; or

[b] in the case of termination of membership in the Co-op, at 12:00 noon on the date determined by the Co-op pursuant to the termination proceedings under the Rules.

17.02 Vacant possession

The Member agrees to immediately quit and give-up vacant possession of the Unit upon the effective date of withdrawal from or termination of membership. If the Member does not immediately quit and give up vacant possession then the Member shall pay to the Co-op:

[a] an amount equal to the Housing Charges herein prorated on a daily basis for each day that the Member fails to quit and deliver vacant possession; and

[b] any loss or damage the Co-op may suffer as a result of the failure to quit and deliver possession.

 

18. Withdrawal


18.01 Withdrawal from membership

Withdrawal of the Member from the membership of the Co-op shall terminate the Occupancy Agreement, and withdrawal shall occur:

[a] at any time by written agreement signed by the Member and the Co-op;

[b] by the Member giving two months’ notice of withdrawal in writing, the time being calculated from the last day of the month in which notice is given; or

[c] in the circumstances provided for withdrawal specified in the Rules of the Co-op.

18.02 Share purchase

Upon withdrawal from or termination of membership, the Co-op shall purchase or sell the Member’s Shares in the Co-op in the amount and in the manner specified in Section 19 of this Occupancy Agreement.

 

19.Sale of Shares on Withdrawal or Termination of Membership


19.01 Disposal of Shares

If the Occupancy Agreement for a Unit is terminated by reason of withdrawal from or termination of membership, the Co-op:

[a] shall have the right to find a new Member for the Unit and to dispose of the Shares of the Co-op held in the name of the departing Member; and

[b] shall be the sole and irrevocable agent and attorney of the Member for the purpose of finding a new member to purchase the Shares held in the name of the departing Member and to occupy the Unit.

19.02 Sale of Shares to new member

In effecting a sale of Shares to a new member pursuant to Subsection 19.01, the Co-op shall have an uncontrolled discretion in determining the terms and conditions upon which the sale shall be effected including fixing and receiving the price or consideration for the sale.

19.03 Lien on Shares and the proceeds of sale

The Co-op shall without prejudice to other legal remedies have an absolute and pre-eminent lien upon the funds resulting from the sale of the Shares, and shall be entitled to recover and be paid out of such funds all money due to the Co-op by virtue of the Occupancy Agreement together with all other charges, liens, encumbrances upon or appertaining to the Unit, and all costs and expenses to which the Co-op may have

been put in recovering possession of the premises or share certificates, and in finding a new member and purchaser, and in repairing and restoring the Unit to good and habitable condition and repair, and other indebtedness of the Member to the Co-op and including without limitation, all legal fees on a solicitor-client basis, and all disbursements.

19.04 Balance of share payment

The sum payable to the Member from the sale of Shares pursuant to Subsection 19.01 above, after satisfying the Co-op’s lien pursuant to Subsection 19.03, or if the Co-op elects, the redemption proceeds shall be determined by the Co-op, and shall not in any case, exceed the amount the Member has paid for the Shares.

19.05 Balance of indebtedness by the Member

If the amount realized on the sale of Shares pursuant to Section 19 is insufficient to fully satisfy all indebtedness by the Member to the Co-op, any balance of the indebtedness shall be due and payable by the Member immediately upon notice notwithstanding that this Occupancy Agreement has terminated.

20.Rights and Remedies/Waivers


20.01 Cumulative rights

The rights and remedies hereby created are cumulative and are in addition to all common law and statutory rights and remedies, and the use of one remedy shall not be taken to exclude or waive the right to the use of another, and said remedies may be proceeded under simultaneously or successively.

20.02 Failure to pursue remedies

Any failure by the Co-op to terminate the Member’s membership because of any breach by the Member of any of the provisions herein or any extension of time granted to the Member for the payments of any amount due under the provisions of the Occupancy Agreement, shall not in any way be construed as a waiver of any of the Co-op’s rights hereunder or as an implied future waiver or extension on any subsequent default by the Member.

20.03 Non-waiver of remedies

The failure of the Co-op to insist in one or more instances upon a strict performance of the Member of any covenant herein contained, or the failure of the Co-op to exercise any right or option herein contained, or to serve any notice, or to institute any action or proceeding hereunder, shall not be construed to be a waiver or relinquishment for the future of such covenant, option or right, but, on the contrary, every such covenant, option and right shall continue and remain in full force and effect.

20.04 Waiver to be in writing

The receipt by the Co-op of any sum due by the Member, with the knowledge on the Co-op’s part of any breach by the Member of any term, covenant or provisions hereof shall not constitute a waiver of the breach, and the Co-op shall not under any circumstances be considered to have waived any breach unless the waiver shall have been expressed in

writing signed by two of the Co-op’s officers pursuant to authority thereunder given by a resolution approved by the Co-op’s Directors.

21.Ceasing to Occupy Premises


21.01 Termination on abandonment

If the Member has abandoned the Unit, the Co-op may terminate the Member’s membership under the Rules.

 

22 Management of the Co-op


22.01 Duty to pay

The Co-op shall pay insurance premiums on policies of insurance required to be held by the Co-op in accordance with this Occupancy Agreement, and shall pay the mortgage interest and principal amounts due and owing by the Co-op from time to time.

22.02 Management of Development

The Co-op shall maintain and manage the Development, keeping the same and the grounds surrounding in good condition, and repair, free from obstruction, and shall keep the passageways, roads, sidewalks and common grounds in good repair and order and well lighted.

22.03 Co-op to repair

The Co-op shall keep in good repair the foundations, walls, supports, roof, gutters, beams, pipes, electrical conduits and other equipment or machinery required for the proper operation of the Development and the Co-op may, upon notice as herein required, enter into and upon any portion of the Unit for any of the purposes aforesaid.

23.Insurance of Development


23.01 Insurance by Co-op

The Co-op shall keep the Development insured (except that this does not include insurance of personal property of the Member) against loss or damage by fire and other perils as the Directors in their discretion may determine, and in case any of the Development shall be partially damaged by fire or otherwise, the Co-op shall have the same repaired as speedily as possible at the Co-op’s expense and in conformity with the plans and specifications on which the Development was erected, except as may be required by law or by special resolution of the members, and subject to the provisions of any mortgage charging the Lands. In the case of destruction of substantially all of the Development or total destruction of the Development by fire or otherwise, this Occupancy Agreement shall thereupon terminate unless the insurers shall elect to rebuild and shall rebuild the Development within a reasonable time, in which event the Occupancy Agreement shall continue in force with respect to corresponding premises in the Development so rebuilt, and all assessments herein provided for shall cease from the time of such destruction and until such rebuilding shall have been completed, subject always to the provisions of any mortgage charging the Lands, the provisions of any head lease and all laws having application.

23.02 Damage appraisal

The Co-op shall have an appraisal made of any damage done to each Unit by reason of fire or otherwise, and shall expend any insurance moneys collected by the Co-op proportionately in repairing such damage in accordance with the ratio shown by the appraisal, subject however, to the provisions of any mortgage charging the Lands and Development.

 

24. Visitors


24.01 Obligations for visitors

The Member understands and agrees that:

[a] any adult person residing in the Member’s Unit who is not accepted as a member of the Co op shall have visitor status;

[b] the Member shall submit promptly to the Directors the name of any adult person with visitor status and planning to visit the Member for more than 60 days, in aggregate, during a fiscal year of the Co-op;

[c] the Member shall submit on behalf of any adult person with visitor status and visiting with the Member for more than 60 days, in aggregate, during the fiscal year of the Co-op an income statement for that person as required by the Directors to the Co-op signed by that person, if the Member with whom the person is visiting is receiving rent supplement assistance or other housing subsidy;

[d] persons with visitor status and residing with the Member for more than 2 years, in aggregate, during the fiscal year of the Co-op may make application to the Co-op for membership;

[e] persons with visitor status and planning to reside for more than 60 days shall participate in the Co-op as provided in Subsection 7.04, as required by the Directors in their sole and absolute discretion.

 

25. Right to Enter


25.01 Entry for emergency

If any Co-op employee or agent, including the Co-op co-ordinator or manager, or any Director determines that an emergency exists in or about the Unit and the Member cannot be immediately contacted to authorize entry to the Unit, then any Co-op employee or agent may, and is hereby authorized by the Member, without notice, to enter the Unit to remedy the emergency.

25.02 Costs on emergency entry

Any costs associated with the emergency, the entry or remedial measures shall be borne by the party or parties responsible, as shall be determined by the Directors and the costs to be paid by the Member shall immediately become due and payable by the Member to the Co-op upon written notice to the Member.

25.03 Entry for non-emergency

Where an emergency does not exist, a Co-op employee, agent, or Director shall enter the Member’s Unit only if:

[a] the Member consents; or

[b] the Directors give the Member 24 hours’ written notice that access is required for a reasonable purpose.

25.04 Definition of “reasonable purpose”

Reasonable purposes” shall include, entry to access, inspect, or repair structures or systems of the Development, entry for the purpose of determining if the Member has ceased to occupy the premises or has otherwise abandoned same, and entry for the purposes of showing the Unit to a prospective member.

25.05 Time of entry

Entries except in cases of emergency shall be between the hours of 8:00 a.m. and 9:00 p.m.

 

26. Serving Notices


26.01 Service of notice by the Co-op or by the Member

The Co-op and the Member must serve any notices as required under this Occupancy Agreement in the manner set out in the Rules.

 

27. Limitation of Liability


27.01 Liability limited

It is a condition of the Occupancy Agreement:

[a] that other than the Member, none of the owners, present or future, of the shares of the Co-op, nor any of the Directors, present or future, of the said Co-op, shall be personally liable upon any of the covenants or agreements of the Co-op contained in this instrument;

[b] that the Member shall indemnify the Co-op against, and save the Co-op harmless from all liability, loss, damage and expenses arising from injury to persons or property caused by the failure of the Member or any person dwelling in or visiting the Member’s Unit to comply with any provisions of this Occupancy Agreement, or done wholly or in part to any act, default or omission by the Member or any person dwelling in or visiting the Member’s Unit.

 

28. Miscellaneous Provisions


28.01 Part of the Rules

This Occupancy Agreement is Schedule “A” to, and forms part of, the Rules of the Co-op and is binding on the Member and the Co-op.

28.02 Amendments to the Occupancy Agreement

This Occupancy Agreement may only be amended or modified by a special resolution and any amendment or modification may be of general application to this Occupancy Agreement and other occupancy agreements between the Co-op and other members of the Co-op.

28.03 Interpretation

Wherever the singular or masculine are used in this Occupancy Agreement, the same shall be construed as meaning the plural or feminine or body corporate where the context or the parties hereto so require, and where there are two or more members party hereto, all obligations to be performed by the Member shall be deemed to be joint and several.

28.04 Successors and assigns

The obligations in this Occupancy Agreement shall be binding upon the Member, the respective heirs, executors, administrators, and successors of the Member as if the same had been signed and sealed by the Member. This Occupancy Agreement shall be binding upon and enure to the benefit of the permitted assigns of the respective parties hereto and replaces in its entirety any agreement entered into heretofore with respect to occupancy and use of the Unit.

Rules

R U L E S  O F
Helen’s Court Co-operative Housing Assoc.

 

(Adopted by the Members on the 24th day February, 2014.
Approved and filed by the Registrar of Companies on the 22nd day of July, 2014.)

Table of Contents


RULE 1 Interpretation
1.1 Definitions
1.2 Cooperative Association Act definitions apply
1.3 Cooperative Association Act governs
1.4 Occupancy Agreement attached as Schedule A

RULE 2 Eligibility for membership
2.1 Principal membership
2.2 Associate membership
2.3 Approval by the Directors
2.4 Eligibility for membership
2.5 Effective date of membership
2.6 Number of shares to be held
2.7 Membership limited to occupants
2.8 Number of Units to be occupied by members

RULE 3 Joint membership
3.1 No joint membership

RULE 4 Withdrawal from membership
4.1 Withdrawal from membership
4.2 Deemed withdrawal of membership by a member
4.3 Withdrawal of membership with the consent of the Directors

RULE 5 Termination of membership
5.1 Grounds for termination of membership
5.2 Conduct detrimental to the Co-op
5.3 Material conditions of the Occupancy Agreement
5.4 Notice of meeting
5.5 Notice of outcome of the meeting
5.6 Notice of appeal of termination
5.7 Appeal of termination
5.8 Confirmation of termination
5.9 Appeal to the Supreme Court of British Columbia
5.10 Court filing fees
5.11 Timing of request for filing fees
5.12 Certain sections of the Act and these Rules do not apply

RULE 6 Miscellaneous matters re: withdrawal or termination of membership
6.1 Possession and occupancy rights
6.2 Refund of amount paid for shares
6.3 No release from debts or obligations
6.4 Withholding of refund

RULE 7 Share structure
7.1 Authorized share structure
7.2 Investment shares

RULE 8 Payment for shares
8.1 Payment for shares
8.2 Calls on unpaid amount of shares
8.3 Interest on unpaid calls
8.4 Notice requiring payment of call

RULE 9 Share certificates
9.1 No Issuing of share certificates

RULE 10 Transfer of shares
10.1 Requirements of instrument of transfer
10.2 Form of transfer
10.3 Effective date of transfer of shares

RULE 11 Transmission of shares
11.1 Procedure on death of a member
11.2 Redemption of shares of a deceased member

RULE 12 Redemption of shares
12.1 Co-op authorized to purchase and redeem its shares
12.2 Redemption of shares on cessation of membership
12.3 Amount paid on redemption
12.4 Lien on shares
12.5 Redemption or sale to satisfy a debt due to the Co-op
12.6 Debt to be satisfied first

RULE 13 Register of members
13.1 Register must be kept and maintained

RULE 14 General meetings of the Co-op
14.1 The Annual General Meeting
14.2 Business of the Annual General Meeting
14.3 Order of business
14.4 Frequency of general meetings
14.5 Calling of special general meetings
14.7 Time and place of general meetings
14.8 Notice of meeting to be given
14.9 Notice must specify
14.10 Notice of special resolution
14.11 Financial statement
14.12 Meeting valid despite failure to give notice
14.13 Requirement for quorum
14.14 Lack of quorum
14.15 Adjournment of a meeting at which quorum is present
14.16 Quorum at an adjourned meeting
14.17 Chair
14.18 If no chairperson
14.19 Recording secretary
14.20 Minutes of meetings
14.21 Persons entitled to be present at general meetings

RULE 15 Voting at general meetings
15.1 Actions to be determined by ordinary resolution
15.2 Chair entitled to casting vote
15.3 Decisions by show of hands or secret ballot
15.4 Declaration of result
15.5 Declaration is proof

RULE 16 Voting rights of members
16.1 Voting rights and restrictions
16.2 Call on shares
16.3 Proxy voting
16.4 Production of evidence of authority to vote

RULE 17 Directors
17.1 Duties of Directors
17.2 Policies
17.3 When policies take effect
17.4 Number of Directors
17.5 Persons disqualified to act as Directors
17.6 Declaration of qualifications to act
17.7 Remuneration

RULE 18 Election, appointment, and removal of Directors
18.1 Election at Annual General Meeting
18.2 Nomination of candidates
18.3 Number of candidates
18.4 Candidates declared elected
18.5 Directors elected according to number of votes
18.6 If two or more candidates receive equal number of votes for last vacancy
18.7 When term of office of Directors ends
18.8 Term of office of Directors
18.9 Further terms of office of Directors
18.10 Effect of vacancy on ability of Directors to act
18.11 Director ceasing to hold office
18.12 Removal of Director
18.13 Validity of acts of Directors

RULE 19 Meetings of Directors
19.1 Regulation of meetings
19.2 Time and place of meetings
19.3 Who may call meetings
19.4 Quorum of the Board
19.5 Meeting valid despite failure to give notice
19.6 Chair
19.7 Voting at meetings
19.8 Minutes of the Directors’ meetings
19.9 Directors must sign in at meetings
19.10 Transaction of business by written resolution

RULE 20 Committees of Directors and advisory committees
20.1 Committees of Directors
20.2 Advisory committees
20.3 Duty of advisory committees appointed by the Directors and members to report to the Directors and members

RULE 21 Officers
21.1 Appointment of officers
21.2 Powers and duties of officers
21.3 Remuneration and term of office of officers
21.4 Removal of an officer from their position

RULE 22 Conflict of interest rules for Directors and officers
22.1 Disclosable interest
22.2 Conflict of interest
22.3 Disclosure of “disclosable interest” or “conflict of interest”

RULE 23 Indemnification of Directors and officers
23.1 Indemnification
23.2 Limitations on the indemnity
23.3 Insurance

RULE 24 Finances
24.1 Security may be required
24.2 Non-disclosure of personal financial information
24.3 Borrowing powers
24.4 Restrictions
24.5 Raising money in an emergency situation
24.6 Other approved levy
24.7 Uniform application of levies
24.8 Levy constitutes a debt due
24.9 Investment powers
24.10 Requirement for auditor
24.11 Restriction on who may be auditor
24.12 Provisions of the Act in respect of the auditor
24.13 Accounting records
24.14 Location of books of account

RULE 25 Dispute resolution
25.1 Initial attempts to resolve the dispute
25.2 Initiating mediation
25.3 Resolving through mediation
25.4 Initiating arbitration
25.5 Resolving through arbitration
25.6 Does not apply to terminations of membership

RULE 26 Notices
26.1 Notices to Directors, members, and other persons
26.2 Notice to the Co-op
26.3 Deemed receipt if sent by mail
26.4 Computation of time

RULE 27 Corporate seal and execution of documents and other instruments
27.1 Corporate seal
27.2 Custody of corporate seal
27.3 Use of the corporate seal
27.4 Execution of documents

RULE 28 Alteration of Memorandum or Rules
28.1 Alteration of Memorandum or Rules

Note on dissolution of the Co-op 


RULE 1 Interpretation


1.1 Definitions

In these Rules:

[a] “Act” means the Cooperative Association Act of British Columbia S.B.C. 1999, c. 28, as amended;

[b] “Co-op” means Helen’s Court Co-operative Housing Assoc.;

[c] “Director” means any one director of the Co-op;

[d] “Directors” means the directors of the Co-op acting collectively as the board of directors;

[e] “Memorandum” means the memorandum of the Co-op;

[f] “Occupancy Agreement” means the form of occupancy agreement attached as Schedule A to these Rules;

[g] “occupancy charge” means the amount due by the member to the Co-op on a monthly basis on account of occupancy of the Unit and as determined by the Co-op under the Occupancy Agreement;

[h] “ordinary resolution” means a resolution of the members of the Co-op that is passed at a duly called general meeting by a simple majority of the total votes cast by the members who are entitled to vote on the resolution, or alternatively, a resolution that is

submitted to all members who are entitled to vote on the resolution and passed by being consented to in writing by three-quarters of those members;

[i] “Rules” means these Rules, as amended or replaced from time to time, including every schedule to these Rules;

[j] “share” means a membership share of the Co-op;

[k] “special resolution” means a resolution of the members of the Co-op that is passed at a duly called general meeting by a majority of two thirds of the total votes cast by the members who are entitled to vote on the resolution, or alternatively, a resolution that is submitted to all members who are entitled to vote on the resolution and passed by being consented to in writing by all of them; and

[l] “Unit” means the residential premises owned or operated by the Co-op for which a principal member has entered into an Occupancy Agreement to occupy on a full-time basis.

1.2 Cooperative Association Act definitions apply

Words that are not specifically defined in these Rules have the meanings assigned to them in the Act.

1.3 Cooperative Association Act governs

If there is a conflict or inconsistency between the Act and these Rules, the Act governs.

1.4 Occupancy Agreement attached as Schedule A

The terms and conditions of the Occupancy Agreement attached as Schedule A to these Rules shall be binding upon each member and the Co-op with respect to the occupancy of the Unit by the member.


RULE 2 Eligibility for membership

2.1 Principal membership

A person who is at least 19 years old may be admitted as a principal member by submitting a written application, a subscription for the purchase of shares of the Co-op (which must not be less than one share), and any required payment for shares, each as set by the Directors from time to time.

2.2 Associate membership

A person who is at least 19 years old who lives or will live in the Unit with a principal member, on a full-time basis as their principal residence, may be admitted as an associate member by submitting a written application and a payment equal to the purchase price of one fully paid share.

2.3 Approval by the Directors

The Directors may, in their discretion, approve or refuse any application for membership or may postpone making a decision about any application for membership.

2.4 Eligibility for membership

Subject to these Rules, eligibility for membership in the Co-operative is open in a non-discriminatory manner to individuals that are able to fulfill the responsibilities and conditions of membership.

2.5 Effective date of membership

Membership is effective on the day the Directors approve the application for membership.

2.6 Number of shares to be held

The Co-op, by special resolution, may change the minimum number of shares a member must hold. If the minimum number of shares is increased by special resolution, each member is deemed to have subscribed for the increased number of shares and must make any required additional payments for the shares.

2.7 Membership limited to occupants

Membership in the Co-op is limited to persons who live in the Unit in the Co-op on a full-time basis as their principal residence, however, the Directors may exempt, in their discretion and upon the terms they see fit, an existing member from the application of this Rule.

2.8 Number of Units to be occupied by members

A minimum of 80% of all Units of the Co-op must be occupied by members of the Co-op, unless the Co-op changes the number of Units by an ordinary resolution.

 


RULE 3 Joint membership

3.1 No joint membership

There shall be no joint membership.

 


RULE 4 Withdrawal from membership

4.1 Withdrawal from membership

A member may withdraw from membership in the Co-op:

[a] by giving to the Co-op at least 60 days’ written notice calculated from the last day of the month in which the notice is given; or

[b] with the written consent of the Directors, by giving less than 60 days’ written notice, and in each case, membership ceases on the last day of the notice period.

4.2 Deemed withdrawal of membership by a member

Unless the Directors determine otherwise, a member will be deemed to have given notice of withdrawal of their membership if the member:

[a] surrenders possession of the Unit;

[b] dies; or

[c] is an associate member and the principal member in the Unit withdraws or the membership of the principal member is terminated, and in each case, notice is deemed to have been given when the event occurs and membership ceases 60 days later.

4.3 Withdrawal of membership with the consent of the Directors

The Directors may consent to withdrawal from membership in the Co-op by a member under any other circumstances where it seems just and equitable to do so and may agree on the date on which membership ceases.

 


RULE 5 Termination of membership

5.1 Grounds for termination of membership

Where a member:

[a] has engaged in “conduct detrimental” to the Co-op;

[b] has not paid occupancy charges or any other money due by the member to the Co-op within a reasonable time after receiving written notice to do so from the Co-op; or

[c] in the opinion of the Directors, based on reasonable grounds,

[1] has breached a “material condition” of the Occupancy Agreement; and

[2] has not rectified that breach within a reasonable time after receiving written notice from the Co-op to do so,

the membership of that member may be terminated by a resolution of the Directors requiring a majority of at least three-quarters of all the Directors and passed at a meeting of the Directors called to consider the resolution.

5.2 Conduct detrimental to the Co-op

Conduct detrimental to the Co-op can include, but is not limited to, such things as:

[a] failure to comply, or failure to ensure compliance by any resident or person visiting the member, with any term or provision of:

[1] these Rules or the Occupancy Agreement; or

[2] any house rule or policy which may be in effect;

[b] causing, permitting, or threatening wilful damage to the property or physical premises of the Co-op or the Unit;

[c] causing, permitting, or threatening violence directed against persons on the Co-op’s property;

[d] unauthorized detention of property of the Co-op; or

[e] causing, permitting, or threatening injury or harm to the reputation of the Co-op.

5.3 Material conditions of the Occupancy Agreement

Material conditions of the Occupancy Agreement are those defined as material conditions in the Occupancy Agreement.

5.4 Notice of meeting

A member of the Co-op whose membership is proposed to be terminated by a resolution of the Directors:

[a] must receive at least seven days’ notice of the meeting at which the resolution is to be considered, together with a statement of the grounds on which the membership is proposed to be terminated; and

[b] may appear, either personally or by or with an agent or counsel, to make submissions at the meeting.

5.5 Notice of outcome of the meeting

Within seven days after the date on which a proposed resolution to terminate the membership:

[a] is withdrawn;

[b] is defeated because it does not receive the required majority of three-quarters of all Directors; or

[c] is passed by the required majority of three-quarters of all Directors,

The Directors must

[d] deliver written notice of the outcome to the member; or

[e] if membership is being terminated for non-payment of rent, occupancy charges or other money due by the member to the Co-op, serve written notice of the outcome on the

member along with a notice setting out the person’s right to appeal the termination to the Supreme Court of British Columbia, as well as copies of such forms as may be prescribed by the Act and the Cooperative Association Regulation, as amended from time to time.

5.6 Notice of appeal of termination

If the Directors resolve to terminate a person’s membership, the person may, unless the person’s membership was terminated for non-payment of rent, occupancy charges or other money due to the Co-op, appeal the termination at the next general meeting of the Co-op by delivering a written notice of appeal to the Co-op within seven days after the date of delivery of the written notice given to the member advising the member of the termination of their membership.

5.7 Appeal of termination

A person whose membership in the Co-op is terminated by the Directors on grounds other than non-payment of rent, occupancy charges or other money due by the member to the Co-op, and who appeals the termination of the membership under Rule 5.6 continues to be a member of the Co-op, despite the resolution of the Directors, unless the members, at the general meeting to which the appeal is brought, confirm the termination of membership:

[a] by a special resolution, if the membership is terminated for the “conduct detrimental” of the member, as described in Rules 5.1 and 5.2; or

[b] by an ordinary resolution, if the membership is terminated for a breach of a material condition of the Occupancy Agreement, as described in Rules 5.1 and 5.3.

5.8 Confirmation of termination

If the members of the Co-op confirm the termination of a person’s membership by the Directors, the Co-op must promptly notify the person with:

[a] a notice that the ordinary resolution or special resolution, as the case may be, confirming the termination was passed by the members; and

[b] a notice as prescribed by the Act, setting out the person’s right to appeal the termination to the Supreme Court of British Columbia, as well as copies of forms as  may be prescribed by the Act and the Cooperative Association Regulation, as amended from time to time.

5.9 Appeal to the Supreme Court of British Columbia

If a person’s membership is terminated, the person may appeal the termination to the Supreme Court of British Columbia, in the manner provided in the Act:

[a] within 30 days after the date on which the notice referred to in Rule 5.5 was served on the person if the membership was terminated for non-payment of rent, occupancy charges or other money due to the Co-op;

[b] within 30 days after the date on which the notice referred to in Rule 5.8 was served on the person if the membership was terminated for any other reason.

5.10 Court filing fees

At the written request of the member appealing the termination, and if the member is not in arrears for any monthly occupancy charge, the Co-op must issue to the member a cheque payable to the Minister of Finance (or to the member for reimbursement), for the amount of the fee required by the Supreme Court of British Columbia to file a notice of appeal of the termination. If there is a dispute between the member and the Co-op respecting the amount of the occupancy charge, then the amount of the occupancy charge for the purposes of this Rule 5.10 must be the amount of that charge that is not in dispute.

5.11 Timing of request for filing fees

The request under Rule 5.10 must be made by the member within ten days after the day the member is served with notice of termination under Rule 5.8. If the member fails to make the request within this time, the Co-op may, but need not, issue the cheque for the filing fee.

5.12 Certain sections of the Act and these Rules do not apply

Sections 156 (i.e. oppression remedy) and 208 (i.e. arbitration) of the Act and Rule 25 of these Rules (i.e. dispute resolution) do not apply to terminations under Rule 5.

 


RULE 6 Miscellaneous matters re: withdrawal or termination of membership

6.1 Possession and occupancy rights

The right of a member, or that of any person residing in the Unit, to possession or occupancy of the Unit is terminated upon withdrawal from membership, termination of membership, or if membership ceases for any other reason.

6.2 Refund of amount paid for shares

Subject to any liens of the Co-op and the right of the Co-op to set off any amounts due to the Co-op by the member, and subject to the provisions of the Act, a person who withdraws from membership, whose membership is terminated, or whose membership ceases for any other reason, is entitled to a refund of the amount the member paid for shares if the member:

[a] and all other residents of the Unit, have vacated the Unit, and

[b] has paid all amounts due by the member to the Co-op.

6.3 No release from debts or obligations

Withdrawal from membership, termination of membership, or cessation of membership for any reason does not release the member from any debt or obligation owed to the Co-op.

6.4 Withholding of refund

The Directors may withhold the refund to which a member may otherwise be entitled until a purchaser satisfactory to the Directors purchases the shares of the member.

 


RULE 7 Share structure

7.1 Authorized share structure

The authorized share structure of the Co-op is set out in the Memorandum.

7.2 Investment shares

The Co-op will not issue investment shares.

 


RULE 8 Payment for shares

8.1 Payment for shares

Membership shares are payable on call and may be forfeited for default of payment. All shares must be paid for in cash.

8.2 Calls on unpaid amount of shares

The Directors may make calls on the members for any of the money unpaid on shares and a call is deemed to have been made at the time when the resolution of the Directors authorizing the call was passed.

8.3 Interest on unpaid calls

If a call is not paid on or before the date set for payment, the member from whom the money is due must pay interest on the unpaid amount of the call at the rate of 8% per year from the date set for payment until the date of payment and the interest that accumulates is a debt due to the Co-op. The Directors may waive payment of any or all of the interest due.

8.4 Notice requiring payment of call

If a member fails to pay a call on or before the date set for payment, the Directors may, at any time after that date, deliver a notice on the member requiring payment within 14 days from the date of service of the unpaid amount of the call together with any interest that has accrued.

 


RULE 9 Share certificates

9.1 No issuing of share certificates

No share certificates shall be issued.

 


RULE 10 Transfer of shares

10.1 Requirements of instrument of transfer

An instrument of transfer of any shares in the Co-op must:

[a] be in writing,

[b] specify the number of shares being transferred, and

[c] be executed and dated both by the transferor and transferee,

[d] and the transferor remains the holder of the shares until the name of the transferee is entered in the register of members.

10.2 Form of transfer

Shares in the Co-op may be transferred in a form approved by the Directors.

10.3 Effective date of transfer of shares

A transfer of shares does not take place until:

[a] a duly executed instrument of transfer and the share certificate, if one was issued, has been delivered to the Co-op;

[b] any lien of the Co-op on the shares has been satisfied;

[c] the transfer has been authorized by the Directors; and

[d] the name of the transferee is entered in the register of members.

 


RULE 11 Transmission of shares

11.1 Procedure on death of a member

The person entitled to the shares of a deceased member, on providing proof satisfactory to the Directors of the death of the member and the person’s entitlement, may:

[a] if the person is not a member but is residing in the Unit as their principal residence on a full-time basis, apply under Rule 2 for membership in the Co-op;

[b] if the person is an associate member, request that the Directors register the shares of the deceased principal member in the name of the associate member;  or

[c] apply to the Directors to redeem the shares.

11.2 Redemption of shares of a deceased member

If the person entitled to the shares of a deceased member does not qualify for membership under Rule 2 or the Directors do not approve the transfer of shares to that person, the Co-op must, subject to the provisions of the Act, redeem those shares by paying to that person, within 90 days of the date on which the person provided the Co-op with proof of their entitlement, the amount paid up on shares.

 


RULE 12 Redemption of shares

12.1 Co-op authorized to purchase and redeem its shares

Subject to the Act, the Co-op may, by a resolution of the Directors, redeem any of its shares at the price and on the terms specified by the resolution.

12.2 Redemption of shares on cessation of membership

Subject to these Rules and the Act, the Co-op must redeem the shares of a person who withdraws from membership, whose membership is terminated, or whose membership ceases for any reason.

12.3 Amount paid on redemption

A member is entitled to the amount paid up on the share on redemption by the Co-op.

12.4 Lien on shares

The Co-op shall have a lien on a member’s shares for a debt or any other amount whatsoever due to the Co-op by the member and the lien will extend to the proceeds of any redemption or sales of the shares.

12.5 Redemption or sale to satisfy a debt due to the Co-op

Despite any other provisions of this Rule, the Directors may, upon 30 days written notice to a member, cause the Co-op to sell or redeem all or a sufficient number of the shares of the member to satisfy the lien of the Co-op.

12.6 Debt to be satisfied first

Upon any sale or redemption of shares, the Directors must apply the proceeds of the sale or redemption in satisfaction of the lien of the Co-op by the member and any surplus or excess from the proceeds will be paid to the member or other person entitled to the shares.

 


RULE 13 Register of members

13.1 Register must be kept and maintained

The Co-op must keep and maintain a register of members which shall contain the following:

[a] the names and addresses of the members, the number of shares held by each member and the amount paid on each share;

[b] the date on which the name of any person was entered in the register as a member; and

[c] the date on which any person ceased to be a member.

 


RULE 14 General meetings of the Co-op

14.1 The Annual General Meeting

The Co-op must hold an Annual General Meeting at least once each calendar year and which meeting must take place not later than four months after the fiscal year end of the Co-op, but the Registrar may approve of the meeting being held on a suitable date close to the date when the meeting ought to have been held.

14.2 Business of the Annual General Meeting

At each Annual General Meeting, and subject to the Act, the following business must be considered:

[a] report of the Directors;

[b] financial statement;

[c] auditor’s report;

[d] election or appointment of Directors; and

[e] appointment of auditor.

14.3 Order of business

The order of business at the Annual General Meeting, to the extent appropriate in the circumstances and subject to the approval of the members at the meeting, must be as follows:

[a] call to order;

[b] approval or variation of agenda;

[c] minutes of preceding meeting to be disposed of;

[d] business arising out of minutes;

[e] financial statements;

[f] report of the auditor;

[g] appointment of the auditor;

[h] report of the Directors and any committees;

[i] election of Directors;

[j] special business, unfinished business, and new business; and

[k] adjournment.

14.4 Frequency of general meetings

In addition to the Annual General Meeting, the Directors must call a general meeting not less than once each year to review the business and operations of the Co-op and any other business as may be brought before the meeting, on a day and at an hour and place determined by the Directors in their discretion.

14.5 Calling of special general meetings

The Directors may call a special general meeting when they think fit and must call a special general meeting when requisitioned to do so in accordance with the Act.

14.6 Order of business at general meetings other than the Annual General Meeting

The Directors may, subject to the approval of the members at the meeting, determine the order of business at a general meeting, other than the Annual General Meeting, which is governed by Rule 14.3.

14.7 Time and place of general meetings

General meetings must be held at the time and place in British Columbia that the Directors specify.

14.8 Notice of meeting to be given

Every member and the auditor must receive:

[a] at least 14 days’ notice of every Annual General Meeting of the Co-op and of every general meeting at which a special resolution is to be proposed; and

[b] at least seven days’ notice of any other type of general meeting.

14.9 Notice must specify

The notice of meeting must specify:

[a] the place, day, and the hour of the meeting; and

[b] the general nature of the business to be considered at the meeting.

14.10 Notice of special resolution

If a special resolution is to be proposed at a general meeting, the notice of the meeting must include the full text of the special resolution. If amendments to the text of the special resolution are reasonably anticipated to be made, the notice of the meeting shall state that amendments may be considered and voted upon by the members at the meeting.

14.11 Financial statement

A copy of the financial statement that is to be placed before the Annual General Meeting must be provided to the members in advance of the date of the meeting.

14.12 Meeting valid despite failure to give notice

The accidental omission to give notice of any general meeting to, or the non-receipt of any notice by, a member or person entitled to receive notice, or any error or omission in the notice does not in itself invalidate any proceedings at that meeting.

14.13 Requirement for quorum

No business, other than the election of a chair and the adjournment of the meeting, may be transacted at any general meeting unless:

[a] a quorum of 1/4 of the members entitled to vote are present in person at the commencement of the meeting; and

[b] at all times not less than nine members are personally present.

14.14 Lack of quorum

If within 60 minutes from the time appointed for a general meeting a quorum is not present, the meeting, unless the notice of meeting specifies otherwise as to adjournment, is dissolved.

14.15 Adjournment of a meeting at which quorum is present

Despite any other provision of Rule 14, the chair of the meeting may, and if so directed by the members must, adjourn a meeting at which quorum is present from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.

14.16 Quorum at an adjourned meeting

If the quorum required by Rule 14.13 is not present within 60 minutes from the time appointed for an adjourned meeting, those members present shall constitute quorum, unless the notice specifies otherwise as to quorum.

14.17 Chair

Every general meeting will be chaired by:

[a] the president; or

[b] the vice-president, if the president is absent, unable, or unwilling to chair the meeting, unless the majority of the Directors choose another person, who need not be a member, to be the chair.

14.18 If no chairperson

If there is no such chairperson present within 30 minutes after the time appointed for holding the meeting, the members present at a general meeting must elect a member to chair the meeting.

14.19 Recording secretary

The Directors must appoint a recording secretary, who need not be a member, for the general meetings.

14.20 Minutes of meetings

The minutes of all resolutions and proceedings at a general meeting must be filed in the books provided by the Directors for that purpose.

14.21 Persons entitled to be present at general meetings

The only persons entitled to be present at a general meeting are members, the auditor of the Co-op, and others who are entitled or required under any provisions of the Act or these Rules. Other persons may be admitted to the meeting only on the invitation of the chair or with the consent of the members at the meeting.

 


RULE 15 Voting at general meetings

15.1 Actions to be determined by ordinary resolution

At a general meeting, every motion must be determined by ordinary resolution unless otherwise required by the Act or these Rules.

15.2 Chair entitled to casting vote

In case of an equality of votes, and provided that the chair is a member, the chair of a general meeting is entitled to a second or casting vote.

15.3 Decisions by show of hands or secret ballot

Unless otherwise provided in the Act or these Rules, every motion for a resolution put to a vote at a general meeting is to be decided on a show of hands unless, before the vote is taken, the chair designates, or three or more members request, a secret ballot.

15.4 Declaration of result

The chair must declare to the general meeting the decision on every motion in accordance with the result of the show of hands or the secret ballot, and that decision must be entered in the minutes of the meeting.

15.5 Declaration is proof

Unless a secret ballot is required or demanded, a declaration by the chair of the decision on a motion and an entry in the minutes to that effect, in absence of evidence to the contrary, shall be conclusive evidence of the result.

 


RULE 16 Voting rights of members

16.1 Voting rights and restrictions

Every principal and associate member will have one vote on all matters to be decided by the members.

16.2 Call on shares

A member with an unpaid call on the member’s shares may not exercise any right to vote.

16.3 Proxy voting

There will be no proxy voting.

16.4 Production of evidence of authority to vote

The chair of any meeting may, but need not, inquire into a person’s entitlement to vote at the meeting and may make a determination as to the person’s entitlement to vote.

 


RULE 17 Directors

17.1 Duties of Directors

The Directors must manage or supervise the management of the business of the Co-op in accordance with the responsibilities, duties, and powers set out in the Act, the Memorandum of the Co-op and these Rules and may exercise all the powers of the Co-op that are not required by the Act or the Rules to be exercised by the members.

17.2 Policies

The Directors may propose policies with respect to:

[a] the operation and maintenance of the Co-op; and

[b] the conduct of members and other persons in relation to the use and enjoyment of the Co-op and its property including the residential premises operated by the Co-op.

17.3 When policies take effect

The policies do not take effect until approved by an ordinary resolution at a general meeting.

17.4 Number of Directors

The number of Directors may be set, increased, or reduced from time to time in a general meeting, but at all times, the number of Directors will not be less than three and unless otherwise determined will be nine.

17.5 Persons disqualified to act as Directors

No person is qualified to become or act as a Director who is:

[a] under the age of 18 years;

[b] found by a court, in Canada or elsewhere, to be incapable of managing their own affairs;

[c] an undischarged bankrupt;

[d] convicted of an offence in connection with the promotion, formation, or management of a corporation or of an offence involving fraud;

[e] not a member of the Co-op;

[f] employed by the Co-op in any office except that of manager, financial manager, secretary or treasurer;

[g] indebted to the Co-op and the indebtedness remains unpaid for more than 60 days unless payment is being made in accordance with a plan approved by the Directors; or

[h] a person whose office as Director would be vacated under any provision of Rule 18.11.

17.6 Declaration of qualifications to act

Before standing for election or appointment to serve as a Director, every person must declare in writing or in person at the meeting at which the election or appointment takes place that they consent to serve as a Director and that they are qualified to act as a Director.

17.7 Remuneration

Directors will serve without remuneration and a Director must not receive, directly or indirectly, any profits from their position as Director but, in accordance with policies approved by the members, a Director may be paid reasonable expenses incurred in the performance of their duties as Director.


RULE 18 Election, appointment, and removal of Directors

18.1 Election at Annual General Meeting

At every Annual General Meeting, the Directors will be elected to fill the vacancies of Directors whose terms are expiring and any other vacancies as may then exist.

18.2 Nomination of candidates

A member may nominate a candidate for Director, or a member may volunteer to be a nominee for Director, either before or at a meeting at which Directors are to be elected.

18.3 Number of candidates

If the number of candidates in an election for Directors exceeds the number to be elected at the election:

[a] there must be an election by secret ballot.

18.4 Candidates declared elected

If the number of candidates in an election for Directors is equal to or less than the number of Directors to be elected, subject to the minimum number of Directors required by these Rules, those nominated are declared elected and no election is required.

18.5 Directors elected according to number of votes

In an election for Directors, the chair must declare elected the candidates who received the highest number of valid votes up to the number of Directors to be elected.

18.6 If two or more candidates receive equal number of votes for last vacancy

If two or more candidates receive an equal number of votes for the last vacancy on the Board, those candidates may agree on who will fill the vacancy, but if they cannot agree, the members will immediately hold a run-off election, by secret ballot, between those candidates, in which case, if the run-off election results in a tie vote, the last vacancy shall be decided by lot.

18.7 When term of office of Directors ends

The term of office of a Director ends at the end of the Annual General Meeting at which a replacement is to be elected.

18.8 Term of office of Directors

In the election of Directors:

[a] held at the first Annual General Meeting after these Rules come into effect, half of the Directors (rounded up in the case of an odd number of Directors) must be elected for a term of two years and the remainder must be elected for a term of one year; and

[b] held at each subsequent Annual General Meeting, the Directors must each be elected for a term of:

[1] one year, if the Director is completing the term of a Director who vacated their office in the first year of their two-year term; or

[2] two years, in a manner to ensure that no more than a simple majority of Directors is elected for a term of two years at any Annual General Meeting.

18.9 Further terms of office of Directors

A Director must not serve as such for greater than a continuous period of four years, unless an additional term not to exceed two years is approved by an ordinary resolution of members, and the Director may again serve after an absence of at least one year.

18.10 Effect of vacancy on ability of Directors to act

Despite any vacancy on the Board, the continuing Directors,

[a] if and so long as the number of continuing Directors constitutes a quorum of the Board, may continue to function without filling the vacancy or may appoint a qualified member to fill the vacancy or may call a general meeting and hold a by-election to

fill the vacancy, which new Director in either case will hold office for the balance of the term of the vacating Director, or

[b] if the number of continuing Directors does not constitute a quorum of the Board, may appoint qualified members as Directors for the purpose of increasing the number of Directors for the sole purpose of calling a general meeting in order to hold a by-election by secret ballot to fill the vacancy.

18.11 Director ceasing to hold office

A Director of the Co-op will cease to hold office if:

[a] the term of office of that Director expires in accordance with the Act or these Rules;

[b] the Director is removed in accordance with Rule 18.12;

[c] the Director dies;

[d] the Director resigns in writing;

[e] the Director ceases to be qualified under any provision of Rule 17.5;

[f] the Director ceases to be a member;

[g] the Director ceases to live in the Unit on a full-time basis as their principal residence;

[h] the Director is absent from three consecutive regular meetings of the Directors without the consent of the Directors;

[i] the Director holds any office of profit under the Co-op, except that of manager, financial manager, secretary or treasurer;

[j] the Director is a shareholder, Director, or employee of a corporate entity with whom the Co-op considers entering into or has entered into a contract, unless the Director complies with the provisions of Rule 22; and

[k] the Director considers entering into or has entered into a contract directly with the Co-op, unless the Director complies with the provisions of Rule 22.

18.12 Removal of Director

A Director may be removed before the expiration of the Director’s term of office by a special resolution. The Director, if any, who is to fill the vacancy, must be elected by the members at a general meeting.

18.13 Validity of acts of Directors

Every act of a Director of the Co-op is valid, despite any defect in the Director’s appointment, election, or qualification.

 


RULE 19 Meetings of Directors

19.1 Regulation of meetings

Subject to the Act and these Rules, the Directors may meet together to conduct business, adjourn, and otherwise regulate their meetings, as they consider appropriate.

19.2 Time and place of meetings

Meetings of the Directors must be held at the time and place in British Columbia that they determine is appropriate, and if they don’t determine the time and place, the president or any two Directors may make that determination.

19.3 Who may call meetings

The president may, and the secretary of the Co-op on the written request of three Directors must, call a meeting of the Directors at any time.

19.4 Quorum of the Board

The quorum necessary for the transaction of business may be fixed by the Directors, and unless so fixed shall be five.

19.5 Meeting valid despite failure to give notice

The accidental omission to give notice of any meeting of the Directors to, or the non-receipt of any notice by, a Director does not in itself invalidate any proceedings at that meeting.

19.6 Chair

Every meeting of the Directors will be chaired by:

[a] the president; or

[b] the vice-president, if the president is absent, unable, or unwilling to chair the meeting, unless the majority of the Directors choose another person, who need not be a member, to be the chair.

19.7 Voting at meetings

Questions arising at any meeting of the Directors are to be decided by a majority of votes, unless the Act or these Rules require otherwise, and in the case of an equality of votes, and provided that the chair is a member, the chair of the Directors’ meeting is entitled to a second or casting vote.

19.8 Minutes of the Directors’ meetings

The Directors must cause minutes of the following to be filed in books provided for the purpose:

[a] all appointments of officers made by the Directors;

[b] the names of the Directors present at each meeting of Directors or of any committee of Directors; and

[c] all resolutions and proceedings at all meetings of the Directors, or any committee of Directors.

19.9 Directors must sign in at meetings

A Director who is present at a meeting of the Directors or of a committee of Directors must sign their name in a book kept for that purpose, but a failure to sign does not invalidate the meeting.

19.10 Transaction of business by written resolution

A resolution of the Directors signed by all Directors shall have the same force and effect as if passed at a duly constituted meeting of the Directors and the signed resolution must be kept with the minutes of proceedings of the Directors.

 


RULE 20 Committees of Directors and advisory committees

20.1 Committees of Directors

The Directors may delegate any of their powers to committees consisting of a member or members of the Directors as they think fit and any committee to whom powers are delegated shall, in the exercise of its powers so delegated, conform to any policies that may be imposed by the Directors and must keep the records required of them under Rule 19.8.

20.2 Advisory committees

The Directors and the members in general meeting may appoint advisory committees consisting of a member or members of the Co-op and may assign duties and responsibilities to those committees that are not inconsistent with the Act and these Rules and may make policies governing their conduct.

20.3 Duty of advisory committees appointed by the Directors and members to report to the Directors and members

Advisory committees appointed by the Directors and members report to, and serve at the pleasure of, the Directors and members, and must cause minutes of the following to be filed in books provided for the purpose:

[a] the names of those present at each meeting of the advisory committee; and

[b] all proceedings at all meetings of the advisory committee, and those minutes must be made available to the Directors and members on request.

 


RULE 21 Officers

21.1 Appointment of officers

The Directors must appoint, by resolution, a president, a vice-president, a treasurer, and a secretary of the Co-op from among the Directors.

21.2 Powers and duties of officers

Subject to the Act, the Directors may specify the powers, duties, and responsibilities of the officers, and may vary, add to, or limit the powers, duties, and responsibilities of any officer.

21.3 Remuneration and term of office of officers

Officers will serve without remuneration and the term of office of an officer will be determined by resolution of the Directors.

21.4 Removal of an officer from their position

The Directors, at their discretion, may remove any officer from their position by a resolution of the Directors.

 


RULE 22 Conflict of interest rules for Directors and officers

22.1 Disclosable interest

A Director or officer holds a “disclosable interest” in a contract or transaction if:

[a] the contract or transaction is material to the Co-op;

[b] the Co-op is or proposes to become a party to the contract or transaction; and

[c] the Director or officer has a material interest in the contract.

22.2 Conflict of interest

A Director or officer of the Co-op is in a “conflict of interest” if that person holds any office or possesses any property or right or interest that could result, directly or indirectly, in the creation of a duty or interest that materially conflicts with that person’s duty or interest as a Director or officer.

22.3 Disclosure of “disclosable interest” or “conflict of interest”

A Director or officer of the Co-op must disclose and the Co-op must approve the nature and extent of any disclosable interest held by that person or any conflict of interest in which that person is involved in the manner set out in the Act.

 


RULE 23 Indemnification of Directors and officers

23.1 Indemnification

Subject to the provisions of the Act and to Rule 23.2, the Directors must cause the Co-op to indemnify a person who is or was a Director or officer of the Co-op, as well as the person’s heirs and personal representatives, against all costs, charges, and expenses whatsoever, including legal fees and any amount paid to settle any action or proceeding or to satisfy any judgment in respect of any threatened, pending or completed civil, criminal or administrative action or proceeding to which the person is or is threatened to be made party by reason of the person being or having been a Director or officer of the Co-op.

23.2 Limitations on the indemnity

The Director or officer must not be entitled to be indemnified under Rule 23.1 if, in relation to the subject matter of the proceeding referred to in that Rule, that person did not act honestly and in good faith with a view to the best interests of the Co-op or in the case of a proceeding that is not a civil proceeding, that person did not have reasonable grounds for believing that his or her conduct in respect of which the proceeding was brought was lawful.

23.3 Insurance

The Directors may cause the Co-op to purchase and maintain insurance for the benefit of a Director or officer of the Co-op or the heirs or other legal representative of the Director or officer against any liability that may be incurred by reason of the Director or officer being or having been a Director or officer of the Co-op.

 


RULE 24 Finances

24.1 Security may be required

Every Director, officer, member, or employee of the Co-op having receipt or charge of money must, before entering upon their duties, give such security as may from time to time be deemed necessary by the Directors.

24.2 Non-disclosure of personal financial information

Every Director, officer, member, agent, or employee of the Co-op must not disclose personal financial information pertaining to a member, prospective member, or tenant to any person except:

[a] Directors, officers, committees, employees, agents, managers, or advisors of the Co-op for use in connection with their official duties;

[b] those legally entitled to the information; and

[c] at a general meeting at which a member is appealing a decision of the Directors of the Co-op to terminate the member’s membership and a ground of termination is the failure of the member to pay money due to the Co-op or a breach of a material condition relating to financial information to be provided to the Co-op.

24.3 Borrowing powers

The Directors may, at their discretion, raise or borrow money for the purposes of the Co-op, on behalf of the Co-op, and secure payment thereof in any manner which they see fit, whether by charge upon any or all of the assets of the Co-op, both real or personal, present or future, or otherwise.

24.4 Restrictions

If any security proposed to be given in the exercise of the borrowing powers described in Rule 24.3 is intended to charge the whole or substantially the whole of the undertaking of the Co-op, the borrowing power must not be exercised by the Directors without the authority of a special resolution.

24.5 Raising money in an emergency situation

Notwithstanding Rule 24.6, the Directors from time to time, if in their opinion an emergency exists for which additional funds are required, may levy and collect an additional sum from each member to raise the additional funds to meet the emergency and the same must be payable by the member upon notice to the member.

24.6 Other approved levy

If the members of the Co-op, by ordinary resolution at a general meeting of the Co-op, approve a levy to raise additional funds for any purpose, the Directors may levy and collect an additional sum from each member and the same must be payable by the member upon notice to the member.

24.7 Uniform application of levies

All levies under Rule 24.5 and Rule 24.6 shall apply uniformly to all members without preference, but may be prorated in accordance with the number of shares for which the member has subscribed.

24.8 Levy constitutes a debt due

Upon notice to a member of the levy under Rule 24.5 or Rule 24.6, the same shall constitute a debt due from the member to the Co-op payable on demand.

24.9 Investment powers

The Directors must invest and deal with any part of the funds of the Co-op in such manner as they think fit provided that the Directors must not invest any part of the funds of the Co-op other than:

[a] in a security or class of securities in which trustees are permitted to invest trust funds under the Trustee Act, or

[b] by deposit in a savings institution in which deposits may be made by trustees under the Trustee Act.

24.10 Requirement for auditor

An auditor or firm of auditors, meeting the qualifications provided in the Act, must be appointed by the Co-op by ordinary resolution at every Annual General Meeting, but if an appointment is not made at that meeting, the auditor in office continues as auditor until a successor is appointed.

24.11 Restriction on who may be auditor

No Director, officer, or member of the Co-op may be appointed or may act as auditor.

24.12 Provisions of the Act in respect of the auditor

The Co-op must comply with the other provisions in respect of the auditor as set out in the Act.

24.13 Accounting records

The Directors must cause accounts to be kept in accordance with the Act.

24.14 Location of books of account

Subject to Rule 24.2, the books of accounts must be kept at the registered office of the Co-op, but may be kept at such other place or places as the Directors see fit, and shall at all reasonable times be open to the inspection of the Directors and members.

 


RULE 25 Dispute resolution

25.1 Initial attempts to resolve the dispute

Any member having a dispute with another member of the Co-operative may first attempt to resolve the dispute with the other parties to the dispute.

25.2 Initiating mediation

If the dispute cannot be resolved by the parties involved, a member wishing to initiate a resolution of the dispute may submit the dispute in writing to the Directors.

25.3 Resolving through mediation

Upon receipt of the written dispute, the Directors, or a mediation committee duly appointed by the Directors, must review the dispute and may try to promptly resolve the dispute as mediators.

25.4 Initiating arbitration

If the dispute is not resolved to the satisfaction of the parties, the Directors may, but need not refer the matter to an arbitration committee consisting of three persons, being a member appointed by each party and a chairperson, who need not be a member, who is mutually agreed upon by those two persons.

25.5 Resolving through arbitration

The decision of the arbitration committee shall be final and binding on all parties and may be enforced on application to the Supreme Court of British Columbia.

25.6 Does not apply to terminations of membership

None of the provisions of this Rule 25 apply to the termination of the membership of a member under Rule 5.

 


RULE 26 Notices

26.1 Notices to Directors, members, and other persons

Any notice or document under these Rules to be given to or served upon a Director, member, or any other person must be in writing and is sufficiently given if it is:

[a] delivered personally;

[b] placed in a mail receptacle at or on the principal entrance to the Unit or placed through or affixed to the principal entrance to the Unit;

[c] delivered or mailed by prepaid mail to the person’s last known address, as recorded in the Co-op’s register of members or other record of the Co-op; or

[d] sent to the person by facsimile transmission to a telephone number provided by that person for that purpose.

 


26.2 Notice to the Co-op

Any notice or document under these Rules to be given to or served upon the Co-op must be in writing and is sufficiently given if it is:

[a] delivered to the registered office of the Co-op;

[b] mailed by registered mail to the registered office of the Co-op as recorded under the Act; or

[c] personally served on a Director of the Co-op.

26.3 Deemed receipt if sent by mail

A notice or document may be delivered or served by addressing, prepaying and mailing the notice or document by ordinary mail, and shall be deemed received on the second day, Saturdays, Sundays, and holidays excepted, after the date of mailing.

26.4 Computation of time

In computing the date when notice must be given under any provision requiring a specified number of days notice of any meeting or other event, the date of giving notice must be excluded and the date of the meeting or other event must be included.

 


RULE 27 Corporate seal and execution of documents and other instruments

27.1 Corporate seal

The Directors may provide a seal for the Co-op and may determine its form.

27.2 Custody of corporate seal

The Directors must provide for the safe custody of the seal, which may be stored at the registered office of the Co-op or kept at such other place or places as the Directors see fit.

27.3 Use of the corporate seal

The impression of the seal on any document or instrument must be attested by the signatures of any two Directors or other persons as determined by resolution of the Directors.

27.4 Execution of documents

Documents and other instruments may be executed by the Directors or other persons so authorized without the impression of the seal.

 


RULE 28 Alteration of Memorandum or Rules

28.1 Alteration of Memorandum or Rules

Amendments to the Memorandum and the Rules of the Co-op must be in accordance with the Act and these Rules.


Note on dissolution of the Co-op

The existing dissolution provision, Rule 68, filed and registered the 6th day of December, 1982, remains in force under section 173 of the Cooperative Association Act.

Reproduced here for reference only:

Rule 68 Dissolution

In the event of dissolution of the Association, for whatever reason and in whatsoever manner, no part of the assets remaining after the discharge of payment of all obligations, liabilities and debts including payment of the amount actually paid up on account of shares of the Association shall be distributed or paid to any member of the Association.

In the event of the winding up or dissolution of the Association, for whatever reason and in whatsoever manner, or if the members of the Association take proceedings to surrender the Certificate of Incorporation, of the Association, the whole of the surplus remaining after the discharge in payment of all obligations, liabilities and debts of the Association shall be paid over to a trust company incorporated under the laws of British Columbia or of Canada, or to a central credit union incorporated under the Credit Union Act of British Columbia, or to a non-profit corporation incorporated under the laws of British Columbia having among its objects the encouragement, promotion, maintenance or improvement of housing conditions in British Columbia, as the directors of the Association may designate by resolution or if the directors shall fail to designate then to a trust company or central credit union or non-profit corporation designated by the Superintendent of Co-operatives upon the condition that any surplus so paid over shall be used for the purpose of encouraging, developing, establishing or maintaining co-operative housing or improvements in housing conditions in the Province of British Columbia, in such a manner or means as the trust company or central credit union or non-profit corporation may determine and whether by way of loan, guarantee, grant or donation.

 

 

 

Gardening

Helen’s Court Co-op Handbook
Section 15. Gardening


Helen’s Court Co-op Gardening Committee is informal and has no set policies. We are always open to taking on new committed members. Helen’s Court gardeners have a wealth of experience and knowledge and are willing to educate anyone wishing to learn and help out.

 

COMMITTEE GOAL

The Gardening Committee’s goal is to create and maintain gardens for the community to enjoy. We are committed to organic gardening and environmentally sound practices.

Areas Maintained: The Co-op gardens consist of common areas and private member gardens.

Common areas maintained by the Gardening Committee are:

  •   central courtyard
  •   west and east outside perimeters
  •   front gardens and lawns

Private areas which are privately maintained:

  •   units 1-11 on the north side
  •   units 12-20 on the south side

Within the private gardens, the Gardening Committee maintains the large fruit trees and ornamental cherry trees. The Gardening Committee maintains all plants, trees and lawn in the common area.

Remember, if you want to re-do your patio or make any physical changes, i.e. move stones or fences, you must get Board and Maintenance Committee approval.

 

THE FOUR SEASONS

The Gardening Committee meets seasonally.

Spring is the first season of activity. In the spring, planning, tree pruning, lawn aeration, preparing the beds and planting all take place. The committee rakes dead leaves out of the gardens and prunes where needed.

 

We appreciate the help of all members in cleanup of fallen leaves on walkways and lawns. Leaves are put in clear plastic bags in the alleyway for composting by the city. Help removing the full bags from the courtyard to the alleyway for pick up is also greatly appreciated.

Summer time means weeding, watering, fertilizing (we make our own organic fertilizer), light pruning and major deadheading of spent flowers. We require more members for watering – especially if it’s a hot summer. The grass is cut high and some re-seeding may be required. Please leave the flowers on the plants for everyone to enjoy.

 

Autumn is cleaning time for everyone on the Gardening Committee: annuals are discarded, perennials cut back, divided and transplanted. We also endeavor to propagate plants and find the best location for each species. Fallen leaves are raked and some plants are removed and protected in sheltered areas.

Winter is a time for reflecting on our successes and planning changes. Each area of the Co-op gardens is designed with all others in mind. Within each area, variety exists.

 

GARDEN TOOLS

Garden tools in the storage room are for the use of Garden Committee members. If you need to borrow a tool, please speak with a member of the Garden Committee.

 

HOSES

Please do not play with the outside taps. Leaving them on will quickly cause flooding.

When an adult is present, kids may play with the hoses. The adult then assumes responsibility to abide by the watering guidelines as defined by the City of Vancouver.

Roll and replace hoses when you are done. Make sure your hose has a washer (rubber fitters inside the mouth of the hose) and please don’t drag the couplings (metal fittings outside the mouth of the hose).

Please do not put kinks in the water hose to stop the flow, as this will wreck them.

 

ANIMALS

“Picking up of poo” is not a Garden Committee duty. Pet owners are responsible for cleaning up after their animals and dogs should be leashed in the courtyard.

Thank you for all your support and encouragement for all our work.

Health and Safety Committee

Helen’s Court Co-op Handbook
Section 14. Health and Safety Committee


PURPOSE: To improve and maintain a healthy living environment at Helen’s Court Co-operative.

RESPONSIBILITIES: To implement policies and educate members regarding health and safety at Helen’s Court.

DUTIES:

  1. Develop and implement emergency plans for Helen’s Court
  2. Create and carry out bi-annual fire safety drills (optional)
  3. Address any health concerns within Helen’s Court and work with other committees to eliminate health
    related issues.
  4. Address and take action on any safety concerns within Helen’s Court
  5. Create health and safety educational opportunities for all Helen’s Court members
  6. Create resources regarding health and safety issues that are available to members of Helen’s Court (clip
    boards, pamphlets, posters etc.)
  7. Review regularly the measureable improvements to health and safety to members of Helen’s Court.

 

POLICIES AND PROCEDURES:

  1. The Health and Safety Committee will meet regularly to discuss and implement improvements to member’s safety within Helen’s Court
  2. Members of Health and Safety Committee will create a resource library for health and safety related information

Roles: Health and Safety Committee will be a voluntary Committee consisting of a Secretary who will regularly report to the BOD. Health and Safety may require a Treasurer.

Specific Management tasks:

  1. Create a fire safety procedure:
  2. Educate membership about the procedure
  3. Run biannual fire drills (optional)
  4. Evaluate and plan improvements for fire drills
  5. Create an Emergency Disaster Plan:
  6. Educate membership about the procedure
  7. Run education sessions regarding Disaster Preparedness
  8. Take part in Vancouver’s “ShakeOutBC” earthquake awareness program
  9. Evaluate and plan improvements
  10. Create a resource ‘library’ with Health and Safety resources that can be used by Helen’s Court members:
  11. Car-sharing information
  12. Car disposal information
  13. Bike related transportation resources
  14. Smoking Cessation resources
  15. Senior’s Care resources
  16. Mould resources
  17. Mental Health resources

Review procedures: The Health and Safety Committee will report to the Board of Directors once a quarter and to members at least once a year.

Garage Committee

Helen’s Court Co-op Handbook
Section 13. Garage Committee


Passed by membership January 13, 2014 GM.

PURPOSE OF THE GARAGE

The main purpose of the garage is to provide a safe, clean place for Helen’s Court Housing Co-op residents to park their vehicles in the spaces provided.

The Garage Committee must be informed in writing if a resident:

  •   Requires a space
  •   No longer requires a space
  •   Would like a different parking space
  •   Would like to trade a space with another resident
  •   Has a problem with their parking space
  •   Changes their car
  •   Intends to store a non-motorized personal watercraft
  •   Intends to discontinue use of their vehicle for up to 6 months

 

USE OF THE GARAGE

The primary purpose of the garage is as space for Helen’s Court Housing Co-op residents to park their vehicles.  

In accordance with Fire Department regulations, no non-vehicle items may be stored in the garage. In particular, no hazardous materials (such as propane or paint) may be left in the garage. Standard blue bin recyclables are permitted by the Fire Department only in the bins provided, due to adequate sprinklers overhead.

All motor vehicles must have valid insurance, and be registered to a resident of Helen’s Court Co-op. Vehicles with storage insurance may be stored up to six months; residents wishing to store vehicles with storage insurance for longer than six months must present their case in writing to the Garage Committee for consideration at least one month in advance of their insurance expiry date. Residents must buy insurance for a minimum of 6 months.

Storage of non-motorized personal watercraft is generally allowed so long as it does not replace or impede vehicle parking. Boat storage must adhere to Fire Department Regulations.

Parking spaces may not be rented.

Use of the garage shall be co-operative and must comply with policies passed by the membership as well as municipal bylaws.

 

ELIGIBILITY FOR PARKING SPACES

As a resident of Helen’s Court Co-op you are not automatically ensured a parking space as the Co-op has fewer parking spaces than households.

Priority is given to running vehicles.

Residents who are members are prioritized over residents who are roommates or subletters.  Roommates are prioritized over subletters.

ASSIGNMENT OF PARKING SPACES

Wherever possible, one parking space will be available for every household that has an operating motor vehicle.

If, after every household with an operating vehicle has been assigned one space, there are additional spaces remaining, residents may apply for (an) additional space(s).

Households with more than one parking space may be required to give up a space if a household without a space needs one. If more than one household has (an) additional parking space(s), then a lottery shall be held to see which of these will have to give up a space.

The number of parking spaces per household shall not exceed the number of resident licensed drivers per household.

If demand for additional spaces exceeds supply, a lottery will be held to see who will be assigned the available space(s).

UNAUTHORIZED PARKING

All unauthorized vehicles parked in the garage, the fire lane or the back alley are subject to towing.

Any resident can call Drake Towing for a vehicle parked illegally outside the garage.

For unauthorized vehicles parked in a resident’s designated space or in an unauthorized area inside the garage, residents must inform a member of the Garage Committee, or failing that, the Maintenance Committee or Board.

OTHER ACTIVITIES IN THE GARAGE

Car Maintenance:

Car maintenance is permitted in the garage only when it is carried out in a safe fashion that is considerate of neighbours and presents no risk of harm to someone else’s property. Residents are expected to exercise common sense by only undertaking car maintenance tasks they are suitably trained for.

The following activities are NOT permitted in the garage under any circumstance:

  • Any activity involving an open flame (including a torch) or spark
  • Running a vehicle’s engine for more than 5 minutes
  • Painting, particularly where spray paints are used (touch ups are permitted)
  • Sanding
  • Grinding
  • Washing vehicles (or any activity that would result in water running into the drain)

 

Provided the above restrictions are met, the following basic vehicle maintenance activities may be performed in the garage:

  • Tire changes
  • Wheel alignment
  • Brake repairs
  • Repair and replacement of shocks and shock absorbers
  • Exhaust work
  • Diagnosing problems such as hesitation, overheating, not stopping or other problems that arise from day to
    day driving
  • Final drive work (loose parts and the like)
  • Body work
  • Pressure testing systems
  • Steering (rack and pinion or mechanical) repairs
  • Seal replacement
  • Air filter system, spark plugs, wires, and cooling system work
  • Automotive wiring and replacement of batteries
  • Repair and replacement of belts and starter motors
  • Oil changes and topping up of other fluids

Vehicle maintenance may be performed only in the resident’s assigned parking stall.

All messes and spills, including oil spills, must be cleaned up immediately and not left overnight.

No materials, including oil, may be left in the garage overnight.

Hobbies & Projects:

Spray painting and sanding are NOT permitted in the garage.

Projects, such as painting or woodwork, may be carried out in the garage, provided that nothing is left in the garage overnight and any messes are cleaned up immediately. Paint, wood shavings, and sawdust are a particular concern for fire, and must always be used and cleaned up with care.

Residents without parking spaces who wish to use the garage for projects can arrange with another resident to use their space on a day-by-day basis. Note that if you leave spills, messes, or materials in your neighbour’s space, you will cause problems for your neighbour which may result in their loss of parking privileges.

CLEANING UP SPILLS

Residents must clean up any fluids, leaks, spills, etc. in their parking space immediately. The Garage Committee will be responsible for supplying and maintaining a spill kit for the garage for members use.

 

NO SMOKING IN THE GARAGE

There is no smoking permitted in the garage.

 

CURFEW APPLIES

The garage is a common area, and therefore the existing curfew for noise at Helen’s Court applies. Hours: Monday – Friday 9-9 Saturday, Sunday 10-9.

 

BREACH OF POLICY

Upon failure to adhere to Garage Policy the resident responsible will receive a written notice of warning giving a time frame for a solution to occur and outlining the resident’s responsibilities according to Garage Policy.

If the resident meets the conditions within the approved timeline, then no further action will be taken.

If the resident has not complied or approached the garage committee with a written explanation and suggested viable solution within the allotted time frame, or goes on to breach the policy repeatedly, then that resident is considered in breach of policy.

In this case, the matter will be forwarded to the Board with a suggested course of action which could result in towing and/or the loss of the resident’s parking privileges.

LOSS OF PARKING PRIVILEGES

If a resident repeatedly breaches Garage Policy, even if that resident resolves each problem after being informed by the Garage Committee, the Committee may recommend to the Board that the resident’s parking privileges be revoked.

If a resident breaches Garage Policy and fails to resolve the problem after being informed by the Garage Committee, the Committee may recommend to the Board that the resident’s parking privileges be revoked.

In all cases, once a resident’s parking privileges are revoked, the resident must remove their vehicle(s) from the space within the time frame given. Failure to do so may result in towing. If a resident wants to re-apply for parking privileges, they must do so, in writing, directly to the Board.

 

COSTS PASSED ONTO RESIDENTS

Any costs incurred by the Co-op in carrying out Garage Policy, such as waste removal costs, will be passed on to the resident.

Common Room Committee

Helen’s Court Co-op Handbook
Section 12. Common Room Committee


(August 2012)

The Common Room is a place for all of us to use, enjoy, and respect.

The Common Room hours are 9:00 am – 12:00 am.

BOOKING THE COMMON ROOM

The common room must be booked by writing down your name, unit number and times of intended usage on the common room calendar (located in the mail room) or through the Common Room coordinator – whether it is for private use, a co-op committee meeting, or for a general meeting. If you wish to use the common room for a private party please see the additional steps required in the Private Party section below.

Please take note co-op meeting do take precedence over private usage. To avoid cross booking please book room as far in advance as possible.

Note: after booking the room you will need to contact the Common Room Coordinator or a Key Holder (listed below) to secure a key to the room on the date you booked.

 

USING THE COMMON ROOM

All activities (including children’s activities and parties) must be sponsored and attended by one adult co-op member (19 years or older). This member is responsible for any/all damages. Members sponsoring activities that may create excess noise must consult adjacent units. Special activities like classes require permission from the Common Room Committee.

No Shoes

No shoes are to be worn in the common room please

No Smoking

There is no smoking in the common room at any time.

No Personal Storage

The Common Room is not to be used by the members as a place to store personal belongings.

Private Parties

If you would like to book the common room for a private party you must:

  1. Notify the units adjacent to the common room and receive their consent.
  2. Supply ashtrays outside for those guests who are smoking.
  3. Adhere to the Co-op noise and curfew policies
  4. Complete cleanup of the common room by 12:00 noon the following day.

 

COMMON ROOM CLEAN-UP

Before you leave the common room, please:

  •   Put chairs away
  •    Sweep the floor
  •    If floor needs washing after using – wash it
  •    Empty all garbage – especially perishables
  •    If walls need cleaning – wash them
  •    Turn heat down
  •    Turn off lights
  •    Report any damage and return the common room key to the common room co-ordinator

Once the common room key has been returned to the keyholder, the keyholder and/or coordinator will check the common room for cleanliness.

Dialogue & Peace Committee

Helen’s Court Co-op Handbook 
Section 11. Dialogue & Peace Committee


(October 2004)

 

NOTE: the Dialogue & Peace Committee changed its name from the Grievance Committee in 2013.

MISSION

The Grievance Committee works to foster participation, co-operation, agreement and peaceful living. The Grievance Procedure provides a structure for members to resolve their differences cooperatively. A member’s failure to participate in a grievance lodged against him or her jeopardizes the spirit of cooperative living for everyone at Helen’s Court.

 

GRIEVANCE COMMITTEE RESPONSIBILITIES AND POLICY

  1. To develop and provide the co-op membership with a structured grievance procedure.
  2. To provide non-judgmental support to those members involved in a grievance.
  3. To provide unbiased delivery and management of the Grievance Procedure. Grievance Committee members will not participate when friends or relatives are involved in a grievance.
  4. To observe the right to all members’ confidentiality regarding the specific grievance and the outcome.
  5. Should the facilitation process become necessary, the Grievance Committee will appoint an experienced facilitator (from within the co-op or professional). Facilitation implies supporting both parties to find their own resolutions to the dispute. With the Board’s approval, Helen’s Court will pay for reasonable, professional facilitation fees.
  6.    The facilitation meeting will include both parties involved in the grievance, a facilitator that all parties agree on, and a note-keeper from the Grievance Committee. (The note-keeper will record only resolutions and agreements for the purpose of reporting to the Board).
  7.    Resolutions reached through the grievance procedure will be documented in written form and provided to those involved. Resolutions may result in a written agreement to be drawn up within one week of the facilitated meeting. Both parties will sign the agreement. Copies will be given to both parties, the Grievance Committee and the Board.
  8. Minutes of Grievance Committee meetings, written correspondence, facilitation notes, and agreements will be kept confidential along with general Board minutes.
  9. Grievance Committee will provide representation to the Board of Directors to report any unresolved grievances.

 

GRIEVANCE PROCEDURE

If a grievance involves a resident who will not participate in the grievance procedure, the shareholder of the unit must participate on their behalf and be fully responsible to Helen’s Court for the actions of all residents of the unit.

  1. If a member has a grievance with another member or non-member, the aggrieved member will first attempt to resolve the problem directly with the member or members involved.
  2. If no solution to the problem can be found, the aggrieved member, or both members shall notify the Grievance Committee in writing stating the nature of the grievance and their desired resolution.
  3. The Grievance Committee will contact both parties in writing notifying them that a formal grievance has been lodged. The Grievance Committee will then encourage both parties to meet and try to resolve the grievance. This meeting must be arranged within two weeks of the date on the Grievance Committee letter.
  4. If the problem remains unresolved, the Grievance Committee will consult all parties to arrange a time, place, and date for a facilitated meeting to discuss the grievance and help the parties find a resolution.
  5. If the problem remains unresolved the Grievance Committee will turn the matter over to the Board for arbitration. The Board may elect to take the grievance to the General Membership for arbitration.
  6. If at any point in the grievance procedure any party is unwilling to participate, that member is in breach of the terms of the Occupancy Agreement and will face eviction.

Replacement Reserve

Helen’s Court Co-op Handbook
Section 10. Replacement Reserve


The Replacement Reserve Fund is currently being managed by The Maintenance Committee. The Replacement Reserve Fund covers the costs of replacing capital items, such as roofs, carpets, and appliances.

 

REPLACEMENT RESERVE RESPONSIBILITIES

to be carried out by the Maintenance Committee are:

  • To oversee the use of the Replacement Reserve Fund.
  • To ensure that the Fund is used responsibly to maintain the long-term integrity and safety of the buildings of
    Helen’s Court.
  • To ensure that a reasonable minimum is retained in the Fund and that the Fund is replenished yearly
    through the budget process.
  • To maintain and analyse a database in order to implement planning and preventative programs, and to
    prioritize expenditures.
  • To research new items and materials as the need arises.
  • To liaise with Maintenance Committee on a regular basis to ensure efficient and timely upkeep of co-op’s
    needs.

 

REPLACEMENT RESERVE POLICY

As goods or materials are replaced at Helen’s Court Housing Co-op, it is the policy of the Co-op to match or exceed the specifications of the original goods or materials used.

Helen’s Court Housing Co-op encourages Co-op members to upgrade the goods supplied to their individual units (eg: floor covering, appliances, hardware, etc.) because these improvements are to the benefit of the Co-op as a whole. If Co-op members wish to upgrade the goods supplied to their units they may do so, provided:

  • They get prior approval from the Replacement Reserve Committee, to ensure overall conformity of design (aesthetics) and integrity (quality). In the event of a dispute between the member and the Replacement Reserve Committee, the matter will be referred to the Board.
  • They pay the difference in actual costs (materials and labour) between what they would like and what the Co-op can provide. The goods remain the property of Helen’s Court Housing Co-op on member’s move-out.

On move-out, any alterations that have been made to the unit will be accepted (ie: the unit does not have to be returned to original condition), provided:

  • Permission for the changes made had been previously given by the Board, or
  • The Board considers the changes made to be improvements to the unit’s original condition.

Otherwise, the unit must be returned to its original condition at the member’s expense.


LIST OF STANDARD CAPITAL ITEMS


MAJOR BUILDING COMPONENTS

  • Roofs, including coating, flashing, eaves trough and downspouts.
  • Exterior wall finishes having a generally expected definite useful life expectancy that is less than the life
    expectancy of the project, including exterior painting and stucco.
  • Exterior doors and windows.
  • Exterior caulking where accessibility is a major restriction (e.g., requiring scaffold and the replacement is therefore a major undertaking).
  • Above ground waterproofing including vapour barriers.


MAJOR BUILDING SERVICES

  • Heating systems, including boilers (hot water or steam), forced air furnaces, radiant heat components, solid fuel burning systems, chimneys and related components.
  • Domestic hot water tanks, booster pumps, circulating pumps and sump-pumps found in multiple unit buildings (fittings and controls replaced during the course of regular, routine maintenance are not eligible.
  • Septic tanks and tile beds.
  • Required air handling systems.


BASIC FACILITIES

  • Kitchen facilities such as stoves and refrigerators, sink and faucet installations, countertops and cabinets.
  • Bathroom facilities such as toilets, sinks and fixtures, vanities, tubs and fixtures.

SAFETY FEATURES

  • Fire alarm systems such as hardwired smoke alarms, smoke and heat detectors linked to central alarm.
  • Required fire-fighting or prevention equipment.
  • Emergency lighting.
  • Intercom system in multiple unit buildings.
  • Other safety items.

 

OTHER MAJOR FACILITIES, EQUIPMENT AND FEATURES

  • Parking lot, enclosed garage, driveway and walkway surfaces including multiple unit garage surfaces and concrete slabs
  • Garbage disposal systems in multiple unit building (e.g., compactors, disposers)
  • Interior floor coverings, including common areas and suites
  • Exterior fences
  • Laundry equipment
  • Water softeners where hardness of well water makes these a necessity

REGULATED CHANGES

Regulatory or legislated requirements for changes that apply to existing buildings and where the authority.

EXTENSIONS TO THE STANDARD LIST

Items which were designed, manufactured and installed to function and perform indefinitely but due to a construction or manufacturing deficiency or to external environmental factors, are failing or are about to fail can be added to Standard List.

Because of the variety of construction types and ages within the portfolio, some projects, such as older existing building acquisitions, may have one or more items that would be considered extensions to the Standard List.

The deficiency must be investigated and reported on by a qualified technical expert. The cost of consulting or engineering fees would be eligible for funding from the replacement reserve.

Use of the replacement reserve to pay for the cost of replacement or major repair to these items must be approved by CMHC on a project specific basis.

In these cases, the CMHC Branch will usually carry out a site visit.

Extensions to the Standard List can include:

  • Repairing foundations or significant sections of foundations
  • Other structural components such as wall, floor and roof framing
  • Brickwork, pre-cast concrete panels
  • Emergency generators
  • Retaining walls
  • Plumbing systems
  • Electrical installations incl project transformers, emergency generators
  • Balconies

NOTE: Every effort should be made to determine and establish an appropriate and comprehensive project specific list at the time a capital item assessment report is prepared by or on behalf of the sponsor for inclusion in the next replacement reserve review.

Maintenance Committee

Helen’s Court Co-op Handbook
Section 09. Maintenance Committee


A volunteer Maintenance Committee oversees the maintenance of Helen’s Court Co-op. A paid Maintenance Coordinator, under the direction of the Committee, carries out routine maintenance and coordinates other maintenance activities as needed. The committee meets once a month, reports to the Board once a month, and reports to members at least once a year. All residents of Helen’s Court are welcome to participate.

Chair: The members of the committee elect the chair every two years. The chair serves as the Maintenance Committee representative on the Board.

PURPOSE

  • To ensure the long term physical stability and integrity of the Co-op through responsible maintenance of the buildings, common areas, and grounds.
  • To meet the property management obligations set out in the Operating Agreement between the Co-op and Canada Mortgage and Housing Corporation (CMHC).

DUTIES AND RESPONSIBILITIES OF THE COMMITTEE

Coordination/implementation:

  • Develop a plan to respond quickly and appropriately to maintenance emergencies.
  • With Maintenance Coordinator, conduct regular unit, building, and move-in and move-out inspections and keep appropriate records.
  • Develop and implement an annual maintenance plan, including routine and preventative maintenance and special projects (in consultation with the Replacement Reserve Committee where appropriate).
  • Coordinate maintenance for movin and move-out as per coop policy.
  • Coordinate maintenance work with Maintenance Coordinator.
  • Delegate and coordinate volunteer tasks, including janitorial maintenance of grounds and common areas (excluding Common Room and gardens).
  • Hire and coordinate the activities of those individuals paid to clean the laundry, recycling, and garbage areas.

Finance/planning:

  • . Monitor maintenance operating expenses regularly.
  • Work with the finance manager to develop the draft annual maintenance budget for approval at the annual general meeting.
  • Develop and implement a long term maintenance plan.
  • Where appropriate, make recommendations to Replacement Reserve Committee for revisions to the Co-op replacement reserve plan.

Policy implementation

  • Adhere to Co-op policy, procedures and budget when purchasing, tendering and issuing work orders, etc.
  • Administer maintenance related policies and make recommendations for revisions or new policies.

Training

  • Provide training for maintenance committee members and educate members regarding Co-op maintenance.
  • Keep confidential all applicants’ and members’ personal information, except where that information is required by a committee member, the board or other committees to carry out their responsibilities. Each committee member will sign the confidentiality agreement.

UNIT MAINTENANCE POLICY

Purpose of the Policy: To identify the responsibilities of members and the Co-op in keeping units in good repair.

Member responsibilities

  • Units must be kept in a sufficient state of repair and cleanliness to make sure that there is no health or safety risk to members or undue financial risk to Co-op, and a reasonable life expectancy for capital items.
  • Members must immediately report damage or needed repairs in their unit.
  • Dishwashers must be installed by a licensed plumber, at the expense of the member.
  • Members are responsible for cleaning up after their animals. Cat owners must have a clean litter box in their unit.
  • Members are financially responsible for damages that result from the negligence of the member or of any person or animal for whom the member is responsible.
  • Members must make their units available for regularly scheduled inspections.
  • Members must obey municipal regulations regarding fire codes, emergency access, etc.
  • Members may not perform their own electrical, plumbing, gas, or other repair or renovation covered under the building code without consulting with the Maintenance Coordinator or Committee.

Co-op responsibilities

  • Units will be maintained to ensure the health, safety and comfort of members.
  • Appliances and furnishings supplied by the Co-op will be kept in working order and useable condition.
  • The Co-op will use licensed professional tradespeople for necessary plumbing, electrical and other work as required by building codes.
  • The Co-op will conduct inspections in accordance with the Co-op’s unit inspection policies to identify and schedule necessary maintenance.

PAINT AND ALTERATIONS (UNITS) POLICY

Purpose of the policy: To maintain Co-op property and set out Co-op requirements for members who wish to paint or alter their units.

Wall treatments

  • Members must use paint types appropriate to the room (for example, specialized paint for bathroom and kitchen areas).
  • On move-out, the member will paint the unit at the member’s expense.

Minor alterations

  • Members may attach pictures, paintings, shelving and other objects to the unit’s interior. As required by the Co-op, members will be responsible for any repair or repainting resulting from installation or removal of minor alterations or improvements.

Major alterations and structural changes

  • Any major alterations or structural changes must comply with Replacement Reserve Committee Policy, and be approved by the Replacement Reserve Committee.

 

BUILDING AND EXTERIOR MAINTENANCE POLICY

Purpose of the policy: To identify the responsibilities of members and the Co-op in keeping building exteriors and property in good repair, and to prolong the life of Co-op buildings and

property through planning and routine and preventative maintenance.

Member responsibilities

  • Members must immediately report any building or property damage or needed repairs that may pose a health, safety, or financial risk to the Co-op.
  • Members are responsible for routine exterior maintenance of their unit including: sweeping sidewalks, stairwells and entrance ways, and keeping building foundations and accessible gutters free of plant growth and soil
  • Patios, balconies, decks, and parking areas must be kept clean and tidy.
  • Garbage and recycling must be stored and disposed of as defined in the maintenance procedures.
  • Members must obey municipal regulations regarding fire codes, emergency access, etc.

Co-op responsibilities

  • Co-op buildings and property must be kept in a sufficient state of upkeep and repair to make sure that there is no health or safety risk to people or undue financial risk to the Co-op, and a reasonable life expectancy for buildings and Co-op property
  • Co-op tools and equipment will be kept in working order and useable condition.
  • The Co-op will clean, paint, maintain, repair or replace Co-op property and building exterior items to comply with the Co-op maintenance and replacement reserve plan schedules, and to ensure the health and safety of the Co-op.
  • The Co-op will establish and follow a regular schedule of inspection and preventative maintenance routines for major building components, machinery and fire protection equipment.
  • The Co-op will use licensed professional trades people for necessary plumbing, electrical and other work as required by building codes.
  • The Co-op will conduct Co-op property and building exterior inspections, at least annually, to identify and schedule necessary maintenance.

 

ANNUAL UNIT INSPECTIONS POLICY

Purpose of the policy:

  • To set up consistent, standardized unit inspections
  • To identify and complete maintenance needed to keep units in good repair and marketable
  • To gather the information necessary to help prepare the annual maintenance plan and budget, and to provide guidance to the Replacement Reserve Committee regarding the capital replacement plan and funding of the Co-op replacement reserves.
  • Units will be inspected annually.
  • Each inspection team will be made up of the Maintenance Coordinator and one member of the Maintenance Committee.
  • The Co-op will provide at least two weeks’ notice prior to unit inspection.
  • The Co-op will make reasonable effort to conduct inspections at a time convenient to the member and with the member present.
  • Members may request that a unit inspection be done in their absence. They must provide written permission to the Co-op with the purpose, date and time of access specified.
  • If a member fails to respond to two attempts to schedule a unit inspection, the board will give 24 hours’ written notice that access is required. The Co-op will inspect the unit at the date and time specified in the notice.
  • The Co-op will provide the member with a copy of their completed unit inspection form and an itemized list and timeline showing maintenance responsibilities of the member and/or the Co-op.
  • The member must sign the inspection form and the itemized list and timeline to indicate that the member concurs with the assessed condition of the unit and the member and/or Co-op responsibilities at the time of inspection. In case of disagreement, the member may appeal to the Board.
  • The Maintenance Committee will verify that all work required is completed according to the timelines established.

 

UNIT INSPECTIONS (MOVE-IN AND MOVE-OUT) POLICY

Purpose of the policy:

  • To make sure units are in good condition on move-out
  • To assess and schedule necessary maintenance including cleaning, repairs, changes, alterations and restorations
  • To identify who is responsible for maintenance work and related costs.
  •   The Co-op will conduct a minimum of two move-out inspections. The first unit inspection will take place within seven days after a member gives notice.
  • The inspection team will be made up of the Maintenance Coordinator and one member of the Maintenance Committee.
  • The Co-op will make reasonable effort to conduct move-out inspections at a time convenient to the member, and with the member present.
  • Members may request that a move-out inspection be done in their absence. They must provide written permission to the Co-op with the purpose, date and time of access specified.
  • If a member fails to respond to two attempts to schedule a unit inspection, the board will give 24 hours’ written notice that access is required. The Co-op will inspect the unit at the date and time specified in the notice.
  • Within two days of the first unit inspection, the Co-op will give the member a written list of cleaning, repairs, changes, alterations and restorations for which the member is responsible. The Co-op will set timelines for work completion, which will be at least seven days before move-out.
  • Within two days of the first unit inspection, the Maintenance Coordinator will be provided with a written list of work the Co-op must do. Timelines for work completion will be set.
  • A final unit inspection will be done at the deadline for completion date (seven days before move-out) to check the condition of the unit and assess whether satisfactory work has been done by the member and Co-op as identified in the inspection report and outlined in the written list.
  • The Co-op will not charge a member for the replacement or repair of items which are at the end of normal useful life, regardless of condition at move-out, and reasonable wear and tear.
  • The Co-op will charge a member for unit damage caused by negligence and/or wilful damage.
  • Carpets must be cleaned by an approved professional carpet cleaning firm on move-out and receipts must be submitted to the Co-op for verification. The Co-op will have the carpets cleaned professionally at the member’s expense if either of these conditions is not met.
  • An outgoing member must sign the final inspection form to indicate that they concur with the assessed condition of the unit at the time of move-out.
  • An incoming member must sign an inspection form to indicate that they concur with the assessed condition of the unit at the time of move-in.
  • Upon move-out, the Co-op will give the outgoing member a written schedule of estimated charges for cleaning, repairs, changes, alterations and restorations not carried out, as soon as practical after vacating the unit. The total charges shall be due and payable immediately on written notice to the member and may be deducted from the member share.
  • A member may appeal disagreements to the board.

NOTE: This policy must not be in conflict with the Co-op’s Rules and Occupancy Agreement. Sections 10 and 11 of the Occupancy Agreement cover a number of issues related to this policy.

 

KEYS AND LOCKS POLICY

Purpose of the policy:
To protect member and Co-op property through the control of unit and building access and the issuing of keys.

  • The Co-op will provide each unit with one set of keys to the unit. Additional copies are the responsibility of the member.
  • The Co-op will provide each unit with one mailbox key.
  • The Co-op will provide each unit with one key to: the Co-op’s laundry room, garage, and storage room.
  • The Co-op will provide a remote garage door opener to each member with a parking spot.
  • Four master keys will be cut, signed out and issued in the Co-op as follows: One master key will be kept in a secured location in the Co-op office, and
  • One master key will be provided to each of two designated members, and one master key will be provided to the maintenance coordinator.
  • The master key may be used by designated members only to:

Access units in an emergency

Admit members and residents to their own unit, and Access a unit for repair or inspection with the consent of the member.

  • A member may not change or add unit door locks without notifying the Maintenance Coordinator. New locks must be keyed to the master key.
  • A member must immediately report the loss of any Co-op key to the Maintenance Coordinator and may be charged for additional sets of keys.
  • A member must immediately report the loss of a remote garage door opener to the Maintenance Coordinator and will be charged for a replacement remote garage door opener.

 

DIY REPAIR

Members may not perform their own electrical , plumbing, gas or other repair or renovation covered under the building code without consulting with the Maintenance person AND the Maintenance Committee or Replacement Reserve Committee where applicable. To ensure a standard of quality of work and safety, all lighting fixtures and switches must be installed by the Helen’s Court Maintenance person whose time will be covered by the Co-op.


PAINTING POLICY

  • Upon move-out, the Co-op will paint the unit a shade of white at the Co-op’s expense. If the member moving in wants another colour, the cost of labour and paint for the new colour(s) will be incurred by the member moving in, not the Co-op. (June, 2008)  
  •   Any further painting is the member’s responsibility.
  • Members must use paint types appropriate to the room (for example specialized paint for bathroom and kitchen areas.)
  • Upon move-out, the outgoing member must cover extra costs incurred by the Co-op for repainting over darker or textured surfaces.   
  • It is the Co-op’s responsibility to ensure that all units are maintained to a reasonable standard. The Co-op recognizes that, periodically, there may be members residing in the Co-op who are on fixed or lower incomes, and who may not be able to cover the cost of painting their units routinely. In order to maintain the units, the Co-op will consider, on a case-by-case basis, providing such members with paint for their units no more often than once every ten years. This opportunity is dependent on money being available in the Maintenance budget. To avail themselves of this opportunity, members should approach the Maintenance Committee.

•   The Co-op also recognizes that, periodically, there may be members residing in the Co-op who have physical challenges that could hinder or prevent them from maintaining their units.  In order to maintain the units, the Co-op will consider assisting members, on a case-by-case basis, by covering the cost of the labour to prepare the walls and to paint the unit no more often than once every ten years. This opportunity is dependent on money being available in the Maintenance budget. To avail themselves of this opportunity, members should approach the Maintenance Committee.

General Information

Helen’s Court Co-op Handbook
Section 03. General Information


HELEN”S COURT CO-OP QUICK FACTS

  • Helen’s Court Co-operative Housing Association was formed in 1982.
  • Our 44 unit housing co-op was completed and occupied in Spring 1984.
  • Our mortgage will be fully paid by April 1, 2019.
  • The co-op has a land lease with the City of Vancouver until May 31, 2024.

OPERATING AGREEMENT

The Operating Agreement is our contract with CMHC which governs some of our obligations in the management of Helen’s Court. It is necessary for us to follow these set out obligations in order for us to keep receiving funding.

CMHC are insurers of our mortgage, in other words they guarantee our mortgage. If we default on our mortgage payment we break our agreement with CMHC. The corporation would then take over the co-op by appointing a receiver or a trustee, which would hold co-op monies in trust and the Board of the co-op would lose control of its management.

Information in our Operating Agreement with CMHC addresses the following topics:

  • Conditions for receiving subsidy
  • Definitions
  • Calculation of assistance
  • Reduced principal and interest
  • Application of assistance
  • Subsidy surplus fund
  • Housing charges
  • Subsidy breakdown – setting housing charges
  • Declaration of income (56.1) example
  • Definition of income
  • Income-tested members
  • Non-income tested members
  • Tenant
  • Replacement reserve
  • Leases
  • Occupancy agreements
  • Articles of incorporation
  • Mortgage renewal
  • Project management
  • Yearly reporting requirements
  • Breach of agreement
  • Payment in full of mortgage
  • Reconciliation of Section 56.1 assistance
  • Subsidy surplus fund
  • Annual project data report

Copies of the Operating Agreement are available from finance manager Charlie Wyse (Unit #25.)


SECTION 56.1

Helen’s Court comes under the 56.1 agreement of the National Housing Act, now known as Section 95.

Section 95 is a mortgage assistance program, which was originally designed to enable public housing projects and was adapted for co-ops. The purpose of the section is to provide assistance with the payment of the mortgage. CMHC will pay mortgage interest over a baseline of 2%. If the average rate of interest was 7%, the Federal assistance would then be the difference between the actual cost of the mortgage and what the mortgage would cost if the interest rate was 2%.

This program was cancelled by the Federal Liberal government in 1984.

Most of our financial obligations to CMHC are reflected in the Finance committee policy section of the Handbook.

Our mortgage will be fully paid by April 1, 2019.

 

THE LAND (OR GROUND) LEASE AGREEMENT

This is our agreement with the City of Vancouver. The City owns this land–we don’t–which makes the City of Vancouver our landlord.

Our lease agreement includes:

  • The length of our lease
    Payment of property tax
    Agreements re: buildings
    Insurance (commercial property insurance on the buildings)
    Maintenance and management of our buildings
    (for example, shovelling snow and ice off sidewalks according to City bylaws)
    Bankruptcy information

Our lease will expire May 31, 2024.
Copies of the lease are available from finance manager Charlie Wyse (Unit #25.)

 

COOP PRINCIPLES (from CHFBC)

Open membership
Co-ops are open without exception to anyone who needs their services and freely accepts the obligations of membership.

Democratic control
Co-ops are controlled by their members, who together set policy, make decisions and elect leaders who report to them. In primary co-ops each member has one vote.

Economic participation
All members contribute fairly to their co-ops, which they own in common. Co-ops pay a limited return (if any) on money people have to invest to become members. Surpluses are held for the future and used to improve the co-op’s services.

Independence
All agreements co-ops sign with outside organizations or governments should leave the members in control of the co-op.

Co-operative education
Co-ops offer training to their members, directors and staff. Coops tell the public what they are and what they do.

Co-operation among co-operatives
Co-ops work together through local, national and international structures to serve their members.

Community
Co-ops meet members’ needs in ways that build lasting communities within and beyond each co-op.

A housing co-op is…

A business:
Housing complex
Mortgage payments and sound financial management
Maintenance
Safety and security
Short and long-term planning

A community:
Social interaction
Quality of life
Mutual support

A co-operative:
A legal entity
Guided by co-op principles
Volunteer governance structure
The vehicle for the business and community to develop

A well-run housing co-op maintains a balance among these functions.
(Adapted from CHFBC’s Guide to the Co-op Act)


CHAIN OF LEGAL AUTHORITY:

1.
Co-op’s Memorandum and Rules

 

2.
Co-op’s Occupancy Agreement


3.
Co-op Policies


4.
Standing Resolutions


5.
Board and Staff Decisions

 

The Cooperative Association Act is provincial law that governs all co-operatives including housing co-ops. Only the BC Government can change the Act.

Memorandum of Association is an official document that proves a co-op is incorporated as a legal association under the Co-op Act. Changes to the Memorandum must be consistent with the Act.

Rules set out how the co-op will carry on its business. Rules deal with things like how to become a member, membership shares, elections and how meetings will be run. All co-ops must have written Rules. These Rules must be consistent with the Act and the co-op’s Memorandum.

Occupancy Agreement is the lease between the housing co-op and each member. It is Schedule A of the Rules and must be consistent with the Rules. If the Rules and Occupancy Agreement are in conflict then the Rules take priority.

Policies are set by the members or the board of directors. Policies deal with the daily business of the co-op. Most co-ops have policies around parking, pets, maintenance, participation and more.

A co-op can change its policies by a simple majority vote at a general meeting or board meeting.

Policies must be consistent with the Rules and Occupancy Agreement.

Standing Resolutions are decisions made by the board or members that do not need a formal policy. Standing resolutions cannot contradict co-op Policies, Occupancy Agreement, Rules, Memorandum of Association or the Act.

Operating Agreement is a contract with CMHC. The operating agreement covers the conditions of the government funding the co-op receives. The operating agreement is not part of the co-op’s governance framework, but it a binding contract and the co-op must live up to it’s terms. It can not be changed without consent of both parties.