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2 Rules of the Levelers Housing Co-operative. Adopted by the Members on the 15th day of October , 20 15. Approved and filed by the Registrar of Companies on the18th day of February , 2016 .
3
4 The Occupancy Agreement appears in the Schedule to the Rules.
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8 {{toc/}}
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13 ----
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17 [[Return to Table of Contents>>doc:]]
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19
20 = RULE 1  Interpretation =
21
22
23 == 1.1         Definitions ==
24
25 In these Rules:
26
27 "Act" means the Cooperative Association Act of British Columbia S.B.C. 1999,
28
29 c. 28, as amended;
30
31 "Co-op" means Levellers Housing Co-operative;
32
33 "Director" means any one director of the Co-op;
34
35 "Directors" means the directors of the Co-op acting collectively as the board of directors, the "Board";
36
37 "Housing Charge" means Occupancy Charge for the purpose of the Act and is 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;
38
39 [f]           "Memorandum" means the memorandum of association of the Co-op as filed with the Registrar of Companies;
40
41 "Occupancy Agreement" means the form of occupancy agreement attached as Schedule A to these Rules;
42
43 "Ordinary Resolution" means
44
45 [1]          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
46
47 [2]          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;
48
49 "Policy" means any policy enacted under Rules 17.2 and 17.3;
50
51 "Rules" means these Rules, as amended or replaced from time to time, including every schedule to these Rules;
52
53 "Share" means a membership share of the Co-op;
54
55 "Special Resolution" means
56
57 [1]          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
58
59 [2]          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
60
61 [m]         "Unit" means the residential premises owned or operated by the Co-op which has been assigned to the member by the Co-op to occupy on a full-time basis. 
62
63 == 1.2         Cooperative Association Act definitions apply ==
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65 (% class="wikigeneratedid" id="HWordsthatarenotspecificallydefinedintheseRuleshavethemeaningsassignedtothemA0intheAct." %)
66 (((
67 Words that are not specifically defined in these Rules have the meanings assigned to them  in the Act.
68 )))
69
70 == 1.3         Cooperative Association Act governs ==
71
72 If there is a conflict or inconsistency between the Act and these Rules, the Act governs.
73
74 == 1.4         Occupancy Agreement attached as Schedule A ==
75
76 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.
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78 ----
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84
85 = RULE  2 Eligibility for membership =
86
87
88 == 2.1         Principal Membership ==
89
90 A person who is at least 18 years old may apply for admission as a principal member by submitting a written application 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.
91
92 == 2.2         Associate membership ==
93
94 A person who is at least 18 years old who lives or will live in the Unit with a principal member, on a full-time basis as their principal residence, may apply for admission as an associate member by submitting a written application and payment for the purchase price of one Share.
95
96 == 2.3         Approval by the Directors ==
97
98 The Directors may, in their discretion, approve or refuse any application for membership or may postpone making a decision about any application for membership.
99
100 == 2.4         Eligibility for membership ==
101
102 Subject to these Rules eligibility for membership in the Co-operative is open in a nondiscriminatory manner to individuals who are able to fulfill the responsibilities and conditions of membership.
103
104 == 2.5         Effective date of membership ==
105
106 Membership is effective when:
107
108 the Directors approve the application for membership;  the applicant complies with the occupancy requirements of [[Rule 2.6>>https://levellerscoop.myxwiki.org/xwiki/bin/view/Main/Occupancy%20Agreement/#H2.6A0A0A0A0A0A0A0A0Membershiplimitedtooccupants]]; and  the applicant purchases the required shares.
109
110 == 2.6         Membership limited to occupants ==
111
112 Membership in the Co-op is limited to persons who live in the Unit in the Co-op on a fulltime 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.
113
114 == 2.7         Number of Units to be occupied by members ==
115
116 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.
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118 ----
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124
125 = RULE 3  Joint membership =
126
127
128 == 3.1         No joint membership ==
129
130 There shall be no joint membership.
131
132 ----
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136 [[Return to Table of Contents>>doc:]]
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138
139 = RULE 4  Withdrawal from membership =
140
141
142 == 4.1         Withdrawal from membership ==
143
144 A member may withdraw from membership in the Co-op:
145
146 by giving to the Co-op at least two full calendar months' written notice calculated from the last day of the month in which the notice is given; or
147
148 [b] with the written consent of the Directors, by giving less than two full calendar months' written notice,
149
150 and in each case, membership ceases on the last day of the notice period.
151
152 == 4. 2 Deemed withdrawal of membership by a member ==
153
154 Unless the Directors determine otherwise, a member will be deemed to have given notice of withdrawal of their membership if the member:
155
156 surrenders possession of the Unit;  dies; or
157
158 is an associate member and the principal member in the Unit withdraws or the membership of the principal member is terminated,
159
160 and in each case, notice is deemed to have been given when the event occurs and membership ceases two full calendar months later calculated from the last day of the month in which the event occurs.
161
162 == 4.3         Withdrawal of membership with the consent of the Directors ==
163
164 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.
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166 ----
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172
173 = RULE 5  Termination of membership =
174
175
176 == 5.1         Grounds for termination of membership ==
177
178 Where a member:
179
180 has engaged in conduct detrimental to the Co-op;
181
182 has not paid Housing Charges or any other money due by the member to the Co-op within five days after receiving written notice to do so from the Co-op; or  in the opinion of the Directors, based on reasonable grounds,
183
184 [1]          has breached a material condition of the Occupancy Agreement; and
185
186 [2]          has not rectified that breach within a reasonable time after receiving written notice from the Co-op to do so,
187
188 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.
189
190 == 5.2         Conduct detrimental to the Co-op ==
191
192 Conduct detrimental to the Co-op can include, but is not limited to, such things as:
193
194 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
195
196 [2] any Policy which may be in effect;
197
198 causing, permitting, or threatening wilful damage to the property or physical premises of the Co-op or the Unit;
199
200 causing, permitting, or threatening violence directed against persons on the Co-op's property;  unauthorized detention of property of the Co-op;
201
202 causing, permitting, or threatening injury or harm to the reputation of the Co-op; or  repeated late payment of Housing Charges.
203
204 == 5.3         Material conditions of the Occupancy Agreement ==
205
206 Material conditions of the Occupancy Agreement are those defined as material conditions in the Occupancy Agreement.
207
208 == 5.4         Notice of meeting ==
209
210 A member of the Co-op whose membership is proposed to be terminated by a resolution of the Directors:
211
212 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 member's membership is proposed to be terminated; and
213
214 may appear, either personally or by or with an agent or counsel, to make submissions at the meeting.
215
216 == 5.5         Notice of outcome of the meeting ==
217
218 Within seven days after the date on which a proposed resolution to terminate the membership:
219
220 is withdrawn;
221
222 is defeated because it does not receive the required majority of three-quarters of all Directors; or  is passed by the required majority of three-quarters of all Directors, the Directors must  deliver written notice of the outcome to the member; or
223
224 if membership is being terminated for non-payment of rent, Housing 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 member'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.
225
226 == 5.6         Notice of appeal of termination ==
227
228 If the Directors resolve to terminate a member's membership, the member may, unless the member's membership was terminated for non-payment of rent, Housing 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.
229
230 == 5.7         Appeal of termination ==
231
232 A person whose membership in the Co-op is terminated by the Directors on grounds other than non-payment of rent, Housing Charges or other money due by the member to the Co-op, and who appeals the termination of the membership under [[Rule 5.6>>https://levellerscoop.myxwiki.org/xwiki/bin/view/Main/Occupancy%20Agreement/#H5.6A0A0A0A0A0A0A0A0Noticeofappealoftermination]] 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:
233
234 by a Special Resolution, if the membership is terminated for "conduct   detrimental" of the member, as described in[[ Rules 5.1>>https://levellerscoop.myxwiki.org/xwiki/bin/view/Main/Occupancy%20Agreement/#H5.1A0A0A0A0A0A0A0A0Groundsforterminationofmembership]] and [[5.2>>https://levellerscoop.myxwiki.org/xwiki/bin/view/Main/Occupancy%20Agreement/#H5.2A0A0A0A0A0A0A0A0ConductdetrimentaltotheCo-op]]; or
235
236 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>>https://levellerscoop.myxwiki.org/xwiki/bin/view/Main/Occupancy%20Agreement/#H5.1A0A0A0A0A0A0A0A0Groundsforterminationofmembership]] and
237
238 5.3.
239
240 == 5.8         Confirmation of termination ==
241
242 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:
243
244 a notice that the Ordinary Resolution or Special Resolution, as the case may be, confirming the termination was passed by the members; and  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 such forms as may be prescribed by the Act and the Cooperative Association  Regulation, as amended from time to time.
245
246 == 5.9         Appeal to the Supreme Court of British Columbia ==
247
248 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:
249
250 within 30 days after the date on which the notice referred to in [[Rule 5.5>>https://levellerscoop.myxwiki.org/xwiki/bin/view/Main/Occupancy%20Agreement/#H5.5A0A0A0A0A0A0A0A0Noticeofoutcomeofthemeeting]] was served on the person if the membership was terminated for non-payment of rent, Housing Charges or other money due to the Co-op;
251
252 within 30 days after the date on which the notice referred to in [[Rule 5.8>>https://levellerscoop.myxwiki.org/xwiki/bin/view/Main/Occupancy%20Agreement/#H5.8A0A0A0A0A0A0A0A0Confirmationoftermination]] was served on the person if the membership was terminated for any other reason.
253
254 == 5.10       Court filing fees ==
255
256 At the written request of the member appealing the termination, and if the member is not in arrears for any monthly Housing 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 Housing Charge, then the amount of the Housing Charge for the purposes of this Rule 5.10 must be the amount of that charge that is not in dispute.
257
258 == 5.11       Timing of request for filing fees ==
259
260 The request under [[Rule 5.10 >>https://levellerscoop.myxwiki.org/xwiki/bin/view/Main/Occupancy%20Agreement/#H5.10A0A0A0A0A0A0Courtfilingfees]]must be made by the member within ten days after the day the member is served with notice of termination under Rules [[5.5>>https://levellerscoop.myxwiki.org/xwiki/bin/view/Main/Occupancy%20Agreement/#H5.5A0A0A0A0A0A0A0A0Noticeofoutcomeofthemeeting]] and [[5.8.>>https://levellerscoop.myxwiki.org/xwiki/bin/view/Main/Occupancy%20Agreement/#H5.8A0A0A0A0A0A0A0A0Confirmationoftermination]] 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.
261
262 == 5.12       Certain sections of the Act and these Rules do not apply ==
263
264 Sections 156 (i.e. oppression remedy) and 208 (i.e. arbitration) of the Act and Rule 25 of these Rules (i.e. disputes) do not apply under Rule 5.
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266 ----
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272
273 = RULE 6  Miscellaneous matters re: withdrawal or termination of membership =
274
275
276 == 6.1         Possession and occupancy rights ==
277
278 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.
279
280 == 6.2         Refund of amount paid for Shares ==
281
282 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:
283
284 and all other residents of the Unit, have vacated the Unit, and  has paid all amounts due by the member to the Co-op.
285
286 == 6.3         No release from debts or obligations ==
287
288 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.
289
290 == 6.4         Withholding of refund ==
291
292 The Directors may withhold the refund to which a member may otherwise be entitled until a new member has been admitted to the Co-op.
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294 ----
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300
301 = RULE 7 Share structure =
302
303 == 7.2         No investment shares ==
304
305 The Co-op will not issue investment shares.
306
307 ----
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313
314 = RULE 8  Payment for Shares =
315
316
317
318
319 == 8.1         Number of Shares to be held ==
320
321 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.
322
323 == 8.2         Payment for Shares ==
324
325 Membership Shares are payable on call and may be forfeited for default of payment. All Shares must be paid for in cash.
326
327 == 8.3         Calls on unpaid amount of Shares ==
328
329 The Directors may make calls on a member or 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.
330
331 == 8.4         Interest on unpaid calls ==
332
333 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.
334
335 == 8.5         Notice requiring payment of call ==
336
337 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. The unpaid amount shall be a debt due to the Co-op.
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345
346 = RULE 9  Share certificates =
347
348
349 == 9.1         No issuing of share certificates ==
350
351 No share certificates shall be issued.
352
353 ----
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359
360 = RULE 10               Transfer of Shares =
361
362
363 == 10.1       Requirements of transfer document ==
364
365 A transfer document of any Shares in the Co-op must:
366
367 be in writing;  specify the number of Shares being transferred; and  be executed and dated both by the transferor and transferee,
368
369 and the transferor remains the holder of the Shares until the name of the transferee is entered in the register of members.
370
371 == 10.2       Form of transfer ==
372
373 Shares in the Co-op may be transferred in a form approved by the Directors.
374
375 == 10.3       Effective date of transfer of Shares ==
376
377 A transfer of Shares does not take place until:
378
379 a properly executed transfer document has been delivered to the Co-op;  any lien of the Co-op on the Shares has been satisfied;
380
381 the transfer has been authorized by the Directors, who in their discretion may approve or refuse; and  the name of the transferee is entered in the register of members.
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383 ----
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389
390 = RULE 11               Death of a member =
391
392
393 == 11.1 Procedure on death of a member ==
394
395 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:
396
397 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;
398
399 if the person is an associate member, and subject to Rule 2, request that the   Directors register the Shares of the deceased principal member in the name of the associate member; or  apply to the Directors to redeem the Shares.
400
401 == 11.2 Redemption of Shares of a deceased member ==
402
403 If the person entitled to the Shares of a deceased member does not qualify for membership under [[Rule 2 >>https://levellerscoop.myxwiki.org/xwiki/bin/view/Main/Occupancy%20Agreement/#HRULEA02Eligibilityformembership]]or the Directors do not approve the transfer of Shares to that person, the Co-op must, subject to the provisions of the Act and of the Rules, redeem those Shares.
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405 ----
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411
412 = RULE 12               Redemption of Shares =
413
414
415 == 12.1       Co-op authorized to redeem its Shares ==
416
417 Subject to the Act, the Co-op may, by a resolution of the Directors, redeem any of its Shares at a price and on the terms specified by the resolution.
418
419 == 12.2       Redemption of Shares on cessation of membership ==
420
421 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.
422
423 == 12.3       Amount paid on redemption ==
424
425 On redemption of a member's Shares by the Co-op, the amount paid to the member shall not exceed the amount paid up on the Shares.
426
427 == 12.4      Lien on Shares ==
428
429 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 of the Shares.
430
431 == 12.5       Redemption to satisfy a debt due to the Co-op ==
432
433 Despite any other provisions of this Rule, the Directors may, upon 30 days' written notice to a member, cause the Co-op to redeem all or a sufficient number of the Shares of the member to satisfy the lien of the Co-op.
434
435 == 12.6       Debt to be satisfied first ==
436
437 Upon any redemption of Shares, the Directors must apply the proceeds of the redemption in satisfaction of the lien of the Co-op and any surplus or excess from the proceeds will be paid to the member or other person entitled to the Shares.
438
439 == 12.7       Balance of member's debt ==
440
441 If the amount realized on the redemption of Shares is insufficient to fully satisfy the lien of the Co-op, any balance of debt shall be due and payable by the member immediately upon notice.
442
443 ----
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449
450 = RULE 13               Register of members =
451
452
453
454 == 13.1       Register must be kept and maintained ==
455
456 The Co-op must keep and maintain a register of members which shall contain the following:
457
458 the names and addresses of the members, the number of Shares held by each member and the amount paid on each Share;
459
460 the date on which the name of any person was entered in the register as a member; and  the date on which any person ceased to be a member.
461
462 ----
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468
469 = RULE 14               General meetings of the Co-op =
470
471
472 == 14.1       The Annual General Meeting ==
473
474 The Co-op must hold an Annual General Meeting at least once each calendar year. The 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.
475
476 == 14.2       Business of the Annual General Meeting ==
477
478 At each Annual General Meeting, and subject to the Act, the following business must be considered:
479
480 report of the Directors;  financial statement;  auditor's report;  election or appointment of Directors; and   appointment of an auditor.
481
482 == 14.3       Order of business ==
483
484 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:
485
486 call to order;  approval or variation of agenda;  minutes of preceding meeting to be disposed of;  business arising out of minutes;  financial statements;  report of the auditor;  appointment ofthe auditor;  report of the Directors and any committees;  election of Directors;  other business properly coming before the meeting; and  close of meeting.
487
488 == 14.4       Frequency of general meetings ==
489
490
491 In addition to the Annual General Meeting the Directors must call at least one other general meeting 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.
492
493 == 14.5       Calling of special general meetings ==
494
495 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.
496
497
498 == 14.6       Order of business at general meetings other than the Annual General Meeting ==
499
500 The Directors may subject to the approval of the members at the general meeting determine the order of business at a general meeting other than the Annual General  Meeting which is governed by [[Rule 14.3.>>https://levellerscoop.myxwiki.org/xwiki/bin/view/Main/Occupancy%20Agreement/#H14.3A0A0A0A0A0A0Orderofbusiness]]
501
502 == 14.7       Time and place of general meetings ==
503
504 General meetings must be held at the time and place in British Columbia that the Directors specify.
505
506 == 14.8       Notice of meeting to be given ==
507
508 Every member and the auditor must receive:
509
510 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  at least seven days' notice of any other type of general meeting.
511
512 == 14.9       Notice must specify ==
513
514 The notice of meeting must specify:
515
516 the place, day, and the hour of the meeting; and  the general nature of the business to be considered at the meeting.
517
518 == 14.10    Notice of Special Resolution ==
519
520 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. At the meeting, amendments to the text of the Special Resolution shall not be permitted unless the notice of the meeting states that amendments may be considered and voted upon by the members at the meeting.
521
522 == 14.11    Financial statement ==
523
524 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.
525
526 == 14.12    Meeting valid despite failure to give notice ==
527
528 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.
529
530 == 14.13    Requirement for quorum ==
531
532 No business, other than the election of a chair and the close of the meeting, may be transacted at any general meeting unless:
533
534 a quorum of 20% of the members entitled to vote are present in person at the commencement of the meeting; and  at all times not less than five members are personally present.
535
536 == 14.14 Lack of quorum ==
537
538 If within 10 minutes from the time appointed for a general meeting a quorum is not present, the meeting is dissolved.
539
540 == 14.15 Adjournment of a meeting at which quorum is present ==
541
542 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.
543
544 == 14.16    Chair ==
545
546 Every general meeting will be chaired by:
547
548 the president; or
549
550 the vice-president, if the president is absent, unable, or unwilling to chair the meeting,
551
552 unless the majority of the Directors choose another person, who need not be a member, to be the chair.
553
554 == 14.17    If no chairperson ==
555
556 If there is no such chairperson present within 15 minutes after the time appointed for holding the meeting the members present at a general meeting must elect a member to chair the meeting.
557
558 == 14.18    Recording secretary ==
559
560 The Directors must appoint a recording secretary who need not be a member for the general meetings.
561
562 == 14.19    Minutes of meetings ==
563
564 The minutes of all resolutions and proceedings at a general meeting must be filed in the books provided by the Directors for that purpose.
565
566 == 14.20    Persons entitled to be present at general meetings ==
567
568 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.
569
570 ----
571
572 (% class="box floatinginfobox" %)
573 (((
574 [[Return to Table of Contents>>doc:]]
575 )))
576
577 = RULE 15               Voting at general meetings =
578
579
580
581 == 15.1       Actions to be determined by Ordinary Resolution ==
582
583 At a general meeting every motion must be determined by Ordinary Resolution unless otherwise required by the Act or these Rules.
584
585 == 15.2       Chair not entitled to casting vote ==
586
587 In case of an equality of votes,  the chair of a general meeting is not entitled to a second or casting vote; and   the motion is defeated.
588
589 == 15.3       Decisions by show of hands or secret ballot ==
590
591 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 one or more members request a secret ballot.
592
593 == 15.4       Declaration of result ==
594
595 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.
596
597 == 15.5       Declaration is proof ==
598
599 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.
600
601 ----
602
603 (% class="box floatinginfobox" %)
604 (((
605 [[Return to Table of Contents>>doc:]]
606 )))
607
608 = RULE 16               Voting rights of members =
609
610
611
612 == 16.1      Voting rights ==
613
614 Each principal and each associate member will have one vote on all matters to be decided by the members.
615
616 == 16.2       Call on Shares ==
617
618 A member with an unpaid call on the member's Shares may not exercise any right to vote.
619
620 == 16.3       Proxy voting ==
621
622 There will be no proxy voting.
623
624 == 16.4       Production of evidence of authority to vote ==
625
626 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.
627
628 ----
629
630 (% class="box floatinginfobox" %)
631 (((
632 [[Return to Table of Contents>>doc:]]
633 )))
634
635 = RULE  17 Directors =
636
637
638 == 17.1      Duties of Directors ==
639
640 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.
641
642 == 17.2       Policies ==
643
644 The Directors may propose Policies or Policy amendments with respect to:
645
646 the operation and maintenance of the Co-op; and
647
648 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.
649
650 == 17.3       When Policies take effect ==
651
652 The Policies or amendments do not take effect until approved by an Ordinary Resolution at a general meeting.
653
654 == 17.4       Number of Directors ==
655
656 The number of Directors will be six.
657
658 == 17.5       Persons disqualified to act as Directors ==
659
660 No person may become a Director or continue to be a Director if that person or Director:
661
662 is under the age of 18 years;
663
664 is found by a court, in Canada or elsewhere, to be incapable of managing their own affairs;  is an undischarged bankrupt;
665
666 is convicted of an offence in connection with the promotion, formation, or management of a corporation or of an offence involving fraud;  is not a member of the Co-op;  is indebted to the Co-op for any amount other than:
667
668 [1]          current month's Housing Charges, or
669
670 [2]          an amount other than Housing Charges and payment is being made in accordance with a plan approved by the Directors;
671
672 has a term of office that has expired in accordance with the Act or these Rules;
673
674 [h] is removed in accordance with Rule 18.11;  dies;  resigns in writing;  ceases to live in the Unit on a full-time basis as their principal residence;
675
676 is absent from three consecutive regular meetings of the Directors without the consent of the Directors;
677
678 [m] resides with a person who is serving as a Director at the same time, in which case the office of the Director last elected or appointed will be vacated;
679
680 has entered into a contract directly with the Co-op as an employee or contractor,  unless the Director complies with the provisions of the Act respecting disclosure and conflict of interest;
681
682 [0] is a shareholder, director, or employee of a corporate entity with which the Co-op enters into a contract unless the Director complies with the provisions of the Act respecting disclosure and conflict of interest; or
683
684 resides with or is related by blood or marriage to a person who accepts a position as an employee or contractor of the Co-op.
685
686 == 17.6       Declaration of qualifications to act ==
687
688 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.
689
690 == 17.7       Remuneration ==
691
692 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.
693
694 ----
695
696 (% class="box floatinginfobox" %)
697 (((
698 [[Return to Table of Contents>>doc:]]
699 )))
700
701 = RULE 18 Election, appointment and removal of Directors =
702
703
704 == 18.1       Election at Annual General Meeting ==
705
706 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.
707
708 == 18.2       Nomination of candidates ==
709
710 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. A member who is not present at the meeting may not be nominated unless that member has consented in writing to act as a Director.
711
712 == 18.3       Election procedure if there are more candidates than vacancies ==
713
714 If the number of candidates in an election for Directors exceeds the number to be elected: [a] there must be an election by secret ballot;
715
716 members must vote for the same number of candidates as there are Directors to be elected; and
717
718 the chair must declare elected the candidates receiving the highest number of votes up to the number of Directors to be elected.
719
720 == 18.4       Election procedure if there are not more candidates than vacancies ==
721
722 If the number of candidates in an election for Directors is equal to or less than the number of Directors to be elected those nominated are declared elected and no election is required.
723
724 == 18.5       Terms decided by number of votes ==
725
726 If the positions to be filled by election are for different terms, the chair shall declare the candidates receiving the highest number of votes elected to serve for the longer terms.
727
728 == 18.6       If two or more candidates receive equal number of votes for last vacancy ==
729
730 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, there will immediately be a run-off election by secret ballot between those candidates. If the  run-off election results in a tie vote the last vacancy shall be decided by lot.
731
732 == 18.7       When term of office of Directors ends ==
733
734 The term of office of a Director ends at the end of the Annual General Meeting at which a replacement is to be elected.
735
736 == 18.8       Term of office of Directors ==
737
738 In the election of Directors, the Directors must each be elected for a term of:
739
740 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
741
742 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.
743
744 == 18.9       Further terms of office of Directors ==
745
746 A Director must not serve as such for greater than two consecutive two-year terms or portions thereof, and the Director may again serve after an absence of at least one year.  For the purpose of this Rule a year means the period between Annual General Meetings. If a Director reaches the limit described above at any time during a term for which the  Director was duly elected or appointed the Director may continue to serve for the balance of that term. The limit described above includes terms served prior to the adoption of this Rule.
747
748 == 18.10    Vacancies on the Board ==
749
750 Despite any vacancy on the Board,
751
752 if and so long as the number of continuing Directors constitutes a quorum of the Board, the continuing Directors may:
753
754 [1]          continue to function without filling the vacancy; or
755
756 [2]          appoint a qualified member to fill the vacancy; or
757
758 [3]          call a general meeting and hold a by-election to fill the vacancy;
759
760 which new Director in either case will hold office for the balance of the term of the vacating Director; or
761
762 if the number of continuing Directors does not constitute a quorum of the Board, the continuing Directors 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.
763
764 == 18.11    Removal of Director ==
765
766 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. A Director who is removed from office pursuant to these Rules:
767
768 may not run again for office at the next general meeting at which there is an election of Directors; and
769
770 may not be appointed by the Directors for one year after removal from office.
771
772 == 18.12    Validity of acts of Directors ==
773
774 Every act of a Director of the Co-op is valid despite any defect in the Director's appointment, election, or qualification.
775
776 ----
777
778 (% class="box floatinginfobox" %)
779 (((
780 [[Return to Table of Contents>>doc:]]
781 )))
782
783 = RULE  19 Meetings of Directors =
784
785 == 19.2       Time and place of meetings ==
786
787 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.
788
789 == 19.3       Who may call meetings ==
790
791 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.
792
793 == 19.4       Quorum of the Board ==
794
795 The quorum necessary for the transaction of business may be fixed by the Directors and unless so fixed shall be three.
796
797 == 19.5       Meeting valid despite failure to give notice ==
798
799 The accidental omission to give notice of any meeting of the Directors to or the nonreceipt of any notice by a Director does not in itself invalidate any proceedings at that meeting.
800
801
802 == 19.6       Chair ==
803
804 Every meeting of the Directors will be chaired by:
805
806 the president; or
807
808 the vice-president, if the president is absent, unable, or unwilling to chair the meeting,
809
810 unless the majority of the Directors choose another person who need not be a member to be the chair.
811
812 == 19.7       Voting at meetings ==
813
814 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,  the chair of the Directors' meeting is not entitled to a second or casting vote; and  the motion is defeated.
815
816 == 19.8       Minutes of the Directors' meetings ==
817
818 The Directors must cause minutes of the following to be filed in books provided for the purpose:
819
820 all appointments of officers made by the Directors;
821
822 the names of the Directors present at each meeting of Directors or of any committee of Directors; and
823
824 all resolutions and proceedings at all meetings of the Directors, or any committee  of Directors.
825
826 == 19.9       Recording Directors' attendance at meetings ==
827
828 A Director who is present at a meeting of the Directors or of a committee of Directors must have their attendance noted in the minutes or sign their name in a book kept for that purpose but a failure to note or sign does not invalidate the meeting.
829
830 == 19.10    Transaction of business by written resolution ==
831
832 A resolution of the Directors consented to in writing by all Directors shall have the same force and effect as if passed at a duly constituted meeting of the Directors and the written consent of the resolution must be kept with the minutes of proceedings of the Directors.
833
834 ----
835
836 (% class="box floatinginfobox" %)
837 (((
838 [[Return to Table of Contents>>doc:]]
839 )))
840
841 = RULE 20               Committees of Directors and advisory committees =
842
843
844
845 == 20.1       Committees of Directors ==
846
847 The Directors may delegate any of their powers to committees consisting of one or more 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.
848
849 == 20.2       Advisory committees ==
850
851 The Directors only 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.
852
853 == 20.3       Duty of advisory committees to report to the Directors ==
854
855 Advisory committees report to, and serve at the pleasure of, the Directors, and must cause minutes of the following to be filed in books provided for the purpose:
856
857 the names of those present at each meeting of the advisory committee; and
858
859 all proceedings at all meetings of the advisory committee and those minutes must be made available to the Directors on request.
860
861 ----
862
863 (% class="box floatinginfobox" %)
864 (((
865 [[Return to Table of Contents>>doc:]]
866 )))
867
868 = RULE 21              Officers =
869
870
871
872 == 21.1       Appointment of officers ==
873
874 The Directors must appoint by resolution a president, a vice-president, a treasurer, and a secretary of the Co-op from among the Directors.
875
876 == 21.2       Powers and duties of officers ==
877
878 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.
879
880 == 21.3       Remuneration and term of office of officers ==
881
882 Officers will serve without remuneration and the term of office of an officer will be determined by resolution of the Directors.
883
884 == 21.4       Removal of an officer from their position ==
885
886 The Directors, at their discretion, may remove any officer from their position by a resolution of the Directors.
887
888 ----
889
890 (% class="box floatinginfobox" %)
891 (((
892 [[Return to Table of Contents>>doc:]]
893 )))
894
895 = RULE 22               Disclosure and conflict of interest rules for Directors and officers =
896
897
898 == 22.1       The Act prevails ==
899
900 The Directors and officers are governed by the disclosure and conflict of interest provisions set out in the Act.
901
902 ----
903
904 (% class="box floatinginfobox" %)
905 (((
906 [[Return to Table of Contents>>doc:]]
907 )))
908
909 = RULE 23               Indemnification of Directors and officers =
910
911
912 == 23.1       Indemnification ==
913
914 The Co-op must indemnify the Directors and officers in accordance with the Act.
915
916 == 23.2       Insurance ==
917
918 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
919
920
921 or having been a Director or officer of the Co-op.
922
923 ----
924
925 (% class="box floatinginfobox" %)
926 (((
927 [[Return to Table of Contents>>doc:]]
928 )))
929
930 = RULE 24               Finances =
931
932
933 == 24.1       Security may be required ==
934
935 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.
936
937 == 24.2       Non-disclosure of personal information ==
938
939 Every Director, officer, member, agent, or employee of the Co-op must not disclose personal information pertaining to a member, former member, prospective member, or tenant to any person except:
940
941 [a] Directors, officers, committees, employees, agents, managers, or advisors of the
942
943 Co-op for use in connection with their official duties;
944
945 those legally entitled to the information; and
946
947 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 the information relates to the termination.
948
949 == 24.3       Borrowing powers ==
950
951 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.
952
953 Restrictions
954
955 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.
956
957 == 24.5       Levy in an emergency situation ==
958
959 If in the Directors' opinion an emergency exists for which additional funds are required, and notwithstanding Rule 24.6, the Directors from time to time, 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.
960
961 == 24.6       Other approved levy ==
962
963 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.
964
965 == 24.7       Uniform application of levies ==
966
967 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.
968
969 == 24.8       Levy constitutes a debt due ==
970
971 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.
972
973 == 24.9       Investment powers ==
974
975 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:
976
977 in a security or class of securities in which trustees are permitted to invest  trust funds under the Trustee Act, or
978
979 by deposit in a savings institution in which deposits may be made by trustees under the Trustee Act.
980
981 == 24.10    Appointment of an auditor ==
982
983 Unless the appointment of an auditor has been waived by the members in the manner set out in the Act, the Co-op must appoint an auditor or firm of auditors, meeting the qualifications provided in the Act, by Ordinary Resolution at every Annual General Meeting. If an appointment is not made at that meeting, the auditor in office continues as auditor until a successor is appointed.
984
985 == 24.11    Restriction on who may be auditor ==
986
987 No Director, officer, or member of the Co-op may be appointed or may act as auditor.
988
989 == 24.12    Provisions of the Act in respect of the auditor ==
990
991 The Co-op must comply with the other provisions in respect of the auditor as set out in the Act.
992
993 == 24.13    Accounting records ==
994
995 The Directors must cause accounts to be kept in accordance with the Act.
996
997 Location of books of account
998
999 Subject to Rule 24.2 the books of account must be kept at the registered office of the Co-op, or at such other place or places as the Directors see fit.
1000
1001 == 24.15    Inspection of books of account ==
1002
1003 Subject to Rule 24.2 the books of account shall at all reasonable times be open to the inspection of the Directors. The Directors may determine to what extent, at which times and places and under what conditions the books of account must be open to the inspection of members.
1004
1005 ----
1006
1007 (% class="box floatinginfobox" %)
1008 (((
1009 [[Return to Table of Contents>>doc:]]
1010 )))
1011
1012 = RULE 25               Member Disputes =
1013
1014
1015 == 25.1       Initiation ==
1016
1017 A member wishing to initiate a resolution of a dispute with another member may submit
1018
1019
1020 the dispute in writing to the Co-op if the dispute involves a complaint about a breach of the Rules, Occupancy Agreement or Policies by another member or person for whom the other member is responsible.
1021
1022 == 25.2       Response ==
1023
1024 Upon receipt of the written dispute, the Co-op must review the dispute and may try to promptly resolve the dispute by asking the parties to participate in:
1025
1026 one-on-one meetings;  conflict resolution or mediation between the parties involved; and/or   arbitration.
1027
1028 == 25.3       Does not apply to terminations of membership ==
1029
1030 None of the provisions of this Rule 25 apply to the termination of the membership of a member under Rule 5. Nothing within this Rule 25 prevents the Co-op from exercising its rights or remedies under Rule 5.
1031
1032 ----
1033
1034 (% class="box floatinginfobox" %)
1035 (((
1036 [[Return to Table of Contents>>doc:]]
1037 )))
1038
1039 = RULE 26               Notices =
1040
1041
1042 == 26.1       Notices to members and other persons ==
1043
1044 Any notice or document under these Rules to be delivered to or served upon a member, or any other person must be in writing and is sufficiently given if it is:
1045
1046 delivered personally;
1047
1048 placed in a mail receptacle assigned to the Unit or 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;
1049
1050 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;
1051
1052 sent to the person by facsimile transmission to a telephone number provided by  that person for that purpose; or
1053
1054 sent to the person by email to an email address provided by that person for that purpose.
1055
1056 == 26.2       Notice to the Co-op ==
1057
1058 Any notice or document under these Rules to be delivered or served upon the Co-op must be in writing and is sufficiently given if it is:
1059
1060 left at the registered office of the Co-op;  mailed by registered mail to the registered office of the Co-op; or   personally served on a Director of the Co-op.
1061
1062 == 26.3       Deemed receipt if sent by mail ==
1063
1064 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.
1065
1066 == 26.4       Computation of time ==
1067
1068 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.
1069
1070 == 26.5       Deemed receipt if sent by facsimile or email ==
1071
1072 A notice or document delivered or served by facsimile or email shall be deemed received on the day after the date the notice or document was sent by facsimile or email.
1073
1074 ----
1075
1076 (% class="box floatinginfobox" %)
1077 (((
1078 [[Return to Table of Contents>>doc:]]
1079 )))
1080
1081 = RULE 27               Execution of documents and other instruments =
1082
1083
1084
1085 == 27.1       Execution of documents ==
1086
1087 Documents and other instruments may be executed by the Directors or other persons so authorized by resolution of the Directors.
1088
1089 ----
1090
1091 (% class="box floatinginfobox" %)
1092 (((
1093 [[Return to Table of Contents>>doc:]]
1094 )))
1095
1096 = RULE 28               Alteration of Memorandum or Rules =
1097
1098
1099 == 28.1       Alteration of Memorandum or Rules ==
1100
1101 Amendments to the Memorandum and the Rules of the Co-op must be in accordance with the Act and these Rules.
1102
1103 Note on dissolution of the Co-op
1104
1105
1106 The Co-op's existing dissolution provision originally filed with the Registrar remains in force under section 173 of the Cooperative Association Act. Rule 67 is attached hereto.
1107
1108 ----
1109
1110
1111 = O C C U P A N C Y A G R E E M E N T =
1112
1113 Levellers Housing Cooperative
1114
1115 S C H E D U L E A T O T H E R U L E S
1116
1117 = S C H E D U L E   T H E R U L E S =
1118
1119
1120 THIS OCCUPANCY AGREEMENT is SCHEDULE A   of
1121
1122 Levellers Housing Cooperative and is effective as and from the date on which the Rules come into effect and governs
1123
1124 LEVELLERS HOUSING COOPERATIVE, a co-operative association incorporated under the laws of the Province of British Columbia,
1125
1126 (the "Co-op")
1127
1128 - AND
1129
1130 Each member of the Co-op in respect of the Unit assigned to the member by the Co-op as recorded in its records
1131
1132 (the "Member")
1133
1134 in relation to use and occupation of certain residential premises.
1135
1136
1137 = RECITALS =
1138
1139
1140 WHEREAS:
1141
1142 == The Purpose of the Co-op ==
1143
1144 The Co-op has been incorporated under the Act as a not for profit housing co-operative for the  purposes of acquiring residential housing units on land owned by the Co-op and more particularly known and described as: 208-1763 East Pender Street, Vancouver, British Columbia (the
1145
1146 "Lands") for the use of the members (the "Development");
1147
1148 == B             Granting of the Occupancy Agreement ==
1149
1150 This Occupancy Agreement is granted to the Member, subject to and under the Memorandum and
1151
1152 Rules of the Co-op.
1153
1154 == C             Right to Possession ==
1155
1156 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 in all respects with 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 required by the Rules.
1157
1158 == D            Operating Principles ==
1159
1160 The Co-op is founded on the international principles of co-operation as set out in the [[Statement on the Co-operative Identity originated by the International Co-operative Alliance>>https://www.ica.coop/en/cooperatives/cooperative-identity]]. In particular, the Co-op relies on the active engagement of its members to foster good governance and principled leadership in the exercise of democratic member control.
1161
1162 In consideration of the mutual promises set out in this Occupancy Agreement, the parties agree as follows:
1163
1164 = Conditions of Possession =
1165
1166 == 1.01       Breach of conditions ==
1167
1168 This Occupancy Agreement and the term hereby created shall be subject to the conditions herein set forth, and shall come to an end upon withdrawal from or termination of membership.
1169
1170 == 1.02       Rules ==
1171
1172 The term of the Occupancy Agreement and possession of the Unit by the Member is subject to:
1173
1174 the terms and conditions set out in the Rules of the Co-op as amended from time to time;  relevant and applicable zoning, health, or other laws of the municipal, provincial, or federal governments; and  the terms and conditions of any mortgages or other agreements between the
1175
1176 Co-op and any federal, provincial or municipal authority.
1177
1178 == 1.03       Foreclosure ==
1179
1180 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 at the option of the foreclosing party.
1181
1182 == 1.04       Trustee has no right to possession of the Unit ==
1183
1184 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.
1185
1186 = 2             Right to Possession =
1187
1188 == 2.01       Term ==
1189
1190 The Co-op grants to the Member the Unit for the term (the "Term"):
1191
1192 commencing with the date on which occupancy of the Unit is granted by the Co-op to the Member;
1193
1194 [b] ending with the earliest of the withdrawal from, termination or cessation of membership of the Member and the death of the Member; and  subject always to earlier termination as herein provided.
1195
1196 == 2.02       Common area ==
1197
1198 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, of the entrance, passageways, roadways, sidewalks, common grounds and other common areas of the Development throughout the Term.
1199
1200 == 2.03       Family members ==
1201
1202 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 the premises, to continue to occupy or use the Unit shall come to an end at the same time and without further notice being required.
1203
1204
1205 = 3             Parking =
1206
1207 == 3.01       Use of parking ==
1208
1209 The Member shall be entitled during the Term of this Occupancy Agreement to the use of one (1) parking space as assigned by the Co-op for parking of vehicles used by the
1210
1211 Member or persons residing with the Member.
1212
1213 == 3.02      Parkina Policies ==
1214
1215 The Member agrees to comply with Co op Policies respecting parking, as are applicable from time to time.
1216
1217 = 4             Housing Charge =
1218
1219 == 4.01       Payment of Housinq Charge ==
1220
1221 The Member shall pay the Co-op on the first day of each and every month, commencing on the first day of the month the Member takes possession, during the Term of the
1222
1223 Occupancy Agreement, a Housing Charge as determined and assessed by the Co-op from time to time and notified to the Member in writing.
1224
1225 == 4.02       Payment of all charqes ==
1226
1227 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
1228
1229 Agreement and the Rules to the Co-op:
1230
1231 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.
1232
1233 == 4.03       Setting the Housinq Charge ==
1234
1235 The Directors of the Co op shall recommend to the members, at a general meeting duly called for that purpose, the monthly Housing Charge payable hereunder, which shall be approved by an Ordinary Resolution of the members.
1236
1237 == 4.04       Considerations in setting the Housing Charge ==
1238
1239 In recommending to the members the monthly Housing Charge payable hereunder, the
1240
1241 Directors shall take into account the amount of money which, in the opinion of the
1242
1243 Directors, shall be required by the Co-op during each fiscal year for:
1244
1245 the maintenance of the corporate existence of the Co-op;  the carrying charges on the Lands and the Development, including taxes, and the sums in lieu of taxes;  licenses, assessments, insurance, repairs, replacements, upkeep, maintenance and operations;  adequate contributions to a capital replacement reserve fund and to any other reserve funds established by the Co-op;  all other fees, costs and expenses incurred in the management of the Lands and the Development;  the amount, if any, as may be required to meet any deficit in the preceding fiscal year; and  any other amounts reasonably required to accomplish the purposes for which the Co-op was incorporated.
1246
1247 Notwithstanding the above, if the Co-op is bound by statute or contract to set or maintain the monthly Housing Charge at a specified level or amount, the Directors, not the members, shall set the monthly Housing Charge payable hereunder by taking those obligations at law or contract into consideration.
1248
1249 == 4.05       Failure to pay Housing Charge ==
1250
1251 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 and the Rules shall be cause for termination of membership under the Rules.
1252
1253 == 4.06       Problem in payment of Housing Charqe ==
1254
1255 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
1256
1257 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.
1258
1259 == 4.07 NSF payments ==
1260
1261 If the Member's payment for monthly Housing Charges is not honoured by the Member's banking institution:
1262
1263 [a] the Member will be deemed to have failed to make payment of Housing Charges as required hereunder; and  this may be cause for termination of membership under the Rules.
1264
1265 In addition the Member shall be liable for bank charges incurred in the processing of dishonoured payments and any penalties or fines set by the Directors.
1266
1267 == 4.08       Payment by bank draft ==
1268
1269 If the Member's payment is not honoured as contemplated in subsection 4.07 the Member shall, unless excused in writing 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.
1270
1271 == 4.09       Homeowner Grants ==
1272
1273 With regard to 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 ("Homeowner Grants"), and except as otherwise provided by law:
1274
1275 the Member shall assign to the Co-op all Homeowner Grants; and  the Co-op shall pay to the Member the portion of any such Homeowner Grants which are paid or credited to the Co-op solely because of the Member's age,  disability or special status.
1276
1277 == 4.10       Financial information ==
1278
1279 If any Member shall fail to complete any request, approval or other return or to provide  any information required in respect of any Homeowner Grant with respect to the Unit upon written request the amount of any Homeowner Grant shall be payable in full by the
1280
1281 Member to the Co-op immediately upon written notice to the Member.
1282
1283 == 4.1 1      Rent supplement/reduced Housing Charges ==
1284
1285 The Member acknowledges that:
1286
1287 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 responsible agencies or authorities;  under the terms of a Co-op Policy, some members who meet and comply with the criteria set out in Policy may be eligible from time to time to pay a reduced
1288
1289 Housing Charge; and
1290
1291
1292 to substantiate eligibility of the Member to receive rent supplement, assistance or  subsidy or to pay a reduced Housing Charge, the Member must:
1293
1294 provide verification of household income and any other proof or information required by the Directors; and
1295
1296 [2]          report any increases in household income and changes in household composition.
1297
1298 The Member authorizes the Co-op:
1299
1300 to take such steps as are necessary and reasonable to verify the accuracy of any information provided by the Member; and  to the extent required by Policy or by agreements binding the Co-op, to provide to an external party or parties all verification of income and other relevant information.
1301
1302 == 4.12       Household composition ==
1303
1304 For the purposes of 4.11, a household shall consist of the Member and all adult persons living in or intending to live in the Unit for more than 30 days in aggregate in the fiscal year.
1305
1306 == 4.13       Retroactive assessment ==
1307
1308 If the Member fails to comply with subsection 4.11 :
1309
1310 the Directors may, in their sole and absolute discretion, increase the Housing Charge, to be assessed retroactively to the effective date ofthe 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.
1311
1312 = 5             Payment of Utilities =
1313
1314 == 5.01       Utilities ==
1315
1316 The Member shall pay all applicable gas, oil, water, electrical, telephone and any other utility, cablevision or similar charges or accounts except for the cost of heat and hot water incurred in respect of the individual units and the common areas. If the Member shall fail to pay the same, the Co-op may pay the same or any part thereof on behalf of the
1317
1318 Member, and the amount so paid shall be due and payable by the Member to the Co-op immediately on written notice to the Member.
1319
1320 = 6             Rules and Policies =
1321
1322 == 6.01       Comply with Rules and Policies ==
1323
1324 The Member shall comply with and cause the Member's family, guests, employees and any other person occupying or visiting the Unit to comply with all the terms, conditions and provisions of this Occupancy Agreement and
1325
1326 the terms and conditions set out in the Memorandum, the Rules and the Policies of the Co-op as amended from time to time; and  all changes and additions to the Occupancy Agreement,
1327
1328 to the same extent as if they were herein incorporated.
1329
1330 == 6.02       Rules and Occupancy Agreement qovern ==
1331
1332 If there is a conflict or inconsistency between the Rules, the Occupancy Agreement and the Policies, the Rules and Occupancy Agreement govern.
1333
1334 == 6.03       Uniform application ==
1335
1336 Unless otherwise specifically provided therein, all Rules, this Occupancy Agreement and Policies shall apply to all members of the Co-op uniformly and without preference or discrimination.
1337
1338 = 7             Use of Unit =
1339
1340 == 7.01       Principal residence ==
1341
1342 The Member shall use the Unit and all parts thereof only:
1343
1344 as the Member's principal residence; and  for no other purpose except as provided by Co-op Policy or as provided herein  without the prior written consent of the Directors.
1345
1346 Without limiting the generality of the foregoing, the Member shall not permit any other person occupying or visiting the Unit to use or conduct from the Unit any active or daily trade, business or profession except as provided by Co-op Policy or as provided herein.
1347
1348 == 7.02       Good neiqhbour provision ==
1349
1350 The Member shall not use the Unit and shall not permit any person occupying or visiting the Unit to use the Unit in any way or engage in conduct which:
1351
1352 interferes with or disturbs other members' quiet or peaceful enjoyment of the
1353
1354 Development;  unreasonably annoys or interferes with the other members of the Co-op by sound, conduct or other activity;  obstructs or interferes with the rights of other persons;  obstructs the roads, sidewalks or areas designated as common areas;  injures the reputation of the Co-op; or
1355
1356 [f] in any other way breaches this Occupancy Agreement or any Policy.
1357
1358 == 7.03       Home-based business ==
1359
1360 Subject to the good neighbour provision:
1361
1362 No commercial or retail use is permitted in the Unit or areas designated as common areas except for home-based businesses that meet the requirements of this section.
1363
1364 A home-based business will be permitted in a Unit if:
1365
1366 the Member obtains all required licences, business-related insurance and otherwise complies with all municipal, provincial and federal laws; and [2] the home based business does not:
1367
1368 interfere with the use and enjoyment by other members or residents of their Unit; or  cause a nuisance, a hazard or unreasonable noise; or
1369
1370 [iii] create a parking concern, as determined by the Directors in their sole discretion; and
1371
1372 [3]          parking meets the requirements of the applicable municipal by-law, and business-related parking shall be restricted to the Member's designated parking space(s); and
1373
1374 [4]          the operation of the business complies with all co-op Policies.
1375
1376 == 7.04 Smokinq ==
1377
1378 Notwithstanding any other provision to the Occupancy Agreement and the Rules, and in addition to the obligations, rights and remedies set out in Section 7.02:
1379
1380 Smoking is prohibited:
1381
1382 in a Unit;
1383
1384 [2]          on the interior common areas, including but not limited to in hallways,
1385
1386
1387 elevators, parking garages, electrical and mechanical rooms, stairs, storage locker areas;
1388
1389 [3]          on patios and balconies;
1390
1391 [4]          within six meters of a door, window that opens, or air intake; and
1392
1393 [5]          within twenty-five metres of any playground area ; and
1394
1395 [6]          outdoor space designated as part of the Unit for the exclusive use of the  Member.
1396
1397 "Smoking" shall include the inhaling, exhaling, burning or ordinary use of any tobacco or product whose use generates smoke.
1398
1399 A Member may apply to the Directors for an exemption from 7.04[a][1] (smoking prohibited in a Unit) as follows:
1400
1401 The application for an exemption must be made in writing within 30 days of Section 7.04 coming into effect;
1402
1403 [2]          The application must name the Member and must name the persons who reside in the Member's Unit who are regular habitual smokers and who wish to be declared smokers;
1404
1405 [3]          The Directors will review the application and, within 30 days of receipt of that application, decide if an exemption should be allowed, such decision being at the absolute discretion of the Directors;
1406
1407 [4]          Should an exemption be allowed by the Directors, the exemption will be to permit the declared smokers to smoke within the interior confines of the Member's Unit (the "Exempted Unit") with all other terms and conditions of this Section remaining in full force and effect as against the Member, the Member's family, visitors, guests, servants, agents, employees or any other person occupying or visiting the Unit;   
1408
1409 [5]          Applications for exemption delivered to the Directors more than 30 days after this Section comes into effect will not be considered; and
1410
1411 [6]          The Co-op will keep a list of the Exempted Units as they are exempted from time to time.
1412
1413
1414 Exempted Units will remain Exempted Units for as long as the Member who made the exemption application herein resides in the Exempted Unit. An
1415
1416 Exempted Unit will lose its exempt status when the Member moves out or transfers to another unit. Thereafter, the Unit and those who occupy the Unit will be bound by the terms of this Section.
1417
1418 Members in Exempted Units are not permitted to transfer an exempt status to different units on an internal transfer.
1419
1420 Notwithstanding an exemption under this section, the Member shall at all times comply with the provisions regarding interior maintenance and repair of the Unit as provided in the Occupancy Agreement.
1421
1422 = 8             Insurance Hazards =
1423
1424 == 8.01 Responsibility for hazards ==
1425
1426 The Member shall not:
1427
1428 cause or permit any nuisance, or activity in the Unit or in any part of the
1429
1430 Development; or  suffer anything to be done or kept therein,
1431
1432 which shall increase the cost of fire, liability and other hazards insurance upon the Lands or the Development or the contents therein.
1433
1434
1435 = 9             Alterations to Property =
1436
1437 == 9.01       Alterations require consent ==
1438
1439 Except with the prior written consent of the Directors, the Member shall not make or permit:
1440
1441 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.
1442
1443 Consent shall not entitle the Member to reimbursement for any amount expended by the
1444
1445 Member for alterations, additions or changes.
1446
1447 == 9.02       Restoration costs ==
1448
1449 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. If the Member refuses or neglects for a period often 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
1450
1451 Member may: 
1452
1453 cause repair and restoration of the Unit to be made; and  enter or cause their agents or servants to enter the Unit for that purpose.
1454
1455 All expenses and costs incurred by the Co-op in doing so shall be due and payable by the
1456
1457 Member to the Co-op immediately upon written notice to the Member.
1458
1459 == 9.03       Municipal compliance of alterations ==
1460
1461 When consent is given for alterations as provided herein:
1462
1463 2 1
1464
1465 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;
1466
1467 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;
1468
1469 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; and
1470
1471 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
1472
1473 Member.
1474
1475 == 9.04 No compensation for alterations ==
1476
1477 Upon withdrawal from or termination of membership:
1478
1479 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
1480
1481 Member;  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  if the Member refuses or neglects for a period of fourteen 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.
1482
1483 == 9.05       Compliance with alteration procedures ==
1484
1485 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.
1486
1487
1488 = 10          Interior Maintenance and Repair of Unit =
1489
1490 == 10.01 Interior condition ==
1491
1492 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.
1493
1494 == 10.02 Damaqe caused by leakaqe ==
1495
1496 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.
1497
1498 == 10.03  Liability for damaqe ==
1499
1500 The Member shall be liable for any damage to any part of the Lands, Unit, or the
1501
1502 Development caused by a pet of the Member or by those for whom the Member is responsible in law or caused by the negligent act or omission of either the Member or the Member's family, guests, agents, employees or any other person occupying or visiting the
1503
1504 Unit.
1505
1506 == 10.04 Repairs as required ==
1507
1508 The Member shall make all repairs as required by the Occupancy Agreement in a manner acceptable to the Directors. If the Member at any time fails, refuses or neglects for a period of fourteen days after having received written notice from the Directors to make repairs, or to maintain the Unit in good condition, the Directors may:
1509
1510 cause the repairs to be made, or restore the Unit to good condition; and  enter or cause its agents or servants to enter the Unit for that purpose.
1511
1512
1513 All expenses and costs incurred by the Co-op in doing so shall be due and payable by the
1514
1515 Member to the Co-op immediately upon written notice to the Member.
1516
1517 == 10.05 Reports defects ==
1518
1519 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
1520
1521 Development of which the Member has notice or knowledge.
1522
1523 == 10.06 Repairs on leavinq ==
1524
1525 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).
1526
1527 == 10.07 Inspection on withdrawal or termination ==
1528
1529 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.
1530
1531 == 10.08 Cost of repairs and cleaning ==
1532
1533 After the Member vacates the Unit:
1534
1535 the Directors shall provide the Member as soon as practical 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;
1536
1537
1538 the Co-op may make decorations, repairs, changes, alterations or restorations to  the Unit as may be necessary to put the Unit in the required condition and state of repair;  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 for the Member's
1539
1540 Shares.
1541
1542 = 11          Personal Insurance =
1543
1544 == 11.01 No liability of Co-op for injury ==
1545
1546 The Co-op shall not be liable for any loss of property or personal injury for which a
1547
1548 Member or any other person occupying or visiting the Unit is responsible at law and the
1549
1550 Member shall hold the Co-op harmless from any claim with respect thereto.
1551
1552 == 11.02 Requirement for personal insurance ==
1553
1554 The Member shall at the Member's expense:
1555
1556 take and keep in force third party liability, standard fire and comprehensive insurance coverage on the member-supplied fixtures and improvements, furniture and all other contents of the Member's Unit under an insurance policy satisfactory to the Directors; and  provide the Directors with a copy of the insurance policy or other evidence satisfactory to the Directors on written request for the same,
1557
1558 but no acceptance by the Directors of any insurance policy shall constitute any approval or liability in respect of the adequacy or suitability thereof by the Directors or the Co-op.
1559
1560
1561 == 11.03 Member may not claim under the Co-op's insurance policy ==
1562
1563 A Member may not make any claim or require or expect the Co-op to make a claim under the Co-op's insurance policy for any matter for which the Member has or ought to have insurance coverage under the Occupancy Agreement. If in the discretion of the Directors it is in the best interests of the Co-op to make a claim under its policy, the Member shall be liable for any applicable deductible of the Co-op.
1564
1565 = 12          Liens =
1566
1567 == 12.01 Member not to permit liens ==
1568
1569 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.
1570
1571 == 12.02 Co-op may pay lien ==
1572
1573 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:
1574
1575 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.
1576
1577 The amount shall be immediately due and payable by the Member to the Co-op upon written notice to the Member.
1578
1579
1580 = 13          Assignment and Subletting and Failure to Reside =
1581
1582 == 13.01 Subletting and assiqnment requires consent ==
1583
1584 Except with the prior written consent of the Directors, consent to be in the sole and absolute discretion of the Directors, the Member shall not:
1585
1586 assign this Occupancy Agreement;  sublet in whole or part the Unit;  otherwise part with possession of the Unit; or  encumber any interest in the Occupancy Agreement.
1587
1588 == 13.02 Failure to reside ==
1589
1590 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
1591
1592 (30) days.
1593
1594 = 14          Signs or Notices =
1595
1596 == 14.01 Siqns not permitted ==
1597
1598 Unless otherwise permitted by law, 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.
1599
1600
1601 = 15          Termination of Membership and Occupancy Agreement =
1602
1603 == 15.01 Right of occupancy ==
1604
1605 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.
1606
1607 == 15.02 Material conditions ==
1608
1609 For the purposes of the Rules and this Occupancy Agreement, material conditions of this
1610
1611 Occupancy Agreement include, without limitation, Section 3 to Section 14 inclusive and
1612
1613 Section 22 in their entirety.
1614
1615 == 15.03 Oppression remedies and arbitration do not apply ==
1616
1617 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 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.
1618
1619 = 16          Notice and Delivery of Vacant Possession =
1620
1621 == 16.01 Termination of Occupancv Aqreement ==
1622
1623 This Occupancy Agreement shall be automatically terminated:
1624
1625 [a] in the case of withdrawal from membership in the Co-op, at 12:00 noon on the effective date of withdrawal; or
1626
1627
1628 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
1629
1630 Rules.
1631
1632 == 16.02 Vacant possession ==
1633
1634 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._lf the Member does not immediately quit and give up vacant possession then the Member shall pay to the
1635
1636 Co-op:
1637
1638 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  any loss or damage the Co-op may suffer as a result of the failure to quit and deliver possession.
1639
1640 = 17          Withdrawal =
1641
1642 == 17.01 Withdrawal from membership ==
1643
1644 Withdrawal of the Member from the membership of the Co-op shall terminate the
1645
1646 Occupancy Agreement, and withdrawal shall occur:
1647
1648 at any time by written agreement signed by the Member and the Co-op;  by the Member giving at least two full calendar months' notice of withdrawal in writing, the time being calculated from the last day of the month in which notice is given; or  in the circumstances provided for withdrawal specified in the Rules of the Co-op.
1649
1650
1651 == 17.02 Share redemption ==
1652
1653 Upon withdrawal from or termination of membership, the Co-op shall redeem the Member's Shares in the Co-op in the amount and in the manner specified in the Rules.
1654
1655 = 18          Rights and Remedies/Waivers =
1656
1657
1658 == 18.01 Cumulative rights ==
1659
1660 The rights and remedies hereby created are cumulative and are in addition to all common law and statutory rights and remedies. The use of one remedy shall not be taken to exclude or waive the right to the use of another. Said remedies may be proceeded under simultaneously or successively.
1661
1662 == 18.02 Failure to pursue remedies ==
1663
1664 Any failure by the Co-op to terminate the Member's membership because of any breach by the Member of any of the provisions of the Occupancy Agreement 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.
1665
1666 == 18.03 Non-waiver of remedies ==
1667
1668 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.
1669
1670 == ==
1671
1672 == 18.04 Waiver to be in writing ==
1673
1674 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.
1675
1676 = 19          Termination on abandonment =
1677
1678 == 19.01 Termination on abandonment ==
1679
1680 If the Member has abandoned the Unit, the Co-op may terminate the Member's membership under the Rules.
1681
1682 = 20          Management of the Co-op =
1683
1684 == 20.01 Duty to pav ==
1685
1686 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.
1687
1688 == 20.02 Manaqement of Development ==
1689
1690 The Co-op shall maintain and manage the Development, keeping it 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.
1691
1692 3 1
1693
1694 == 20.03 Co-op to repair ==
1695
1696 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 and safety of the Development. The Co-op may, upon notice as herein required, enter into and upon any portion of the Unit for any of the purposes aforesaid.
1697
1698 = 21          Insurance of Development =
1699
1700 == 21.01 Insurance by Co-op ==
1701
1702 With regard to insurance:
1703
1704 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.  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.
1705
1706 In the case of destruction of all or substantially all of the Development by fire or otherwise, this Occupancy Agreement shall thereupon terminate. If the insurers shall elect to rebuild within a reasonable time, the Member shall be entitled to a replacement Unit in the rebuilt Development.
1707
1708 == 21.02 Damage appraisal ==
1709
1710 The Co-op shall have an appraisal made of any damage done to each Unit by reason of fire or otherwise. In repairing such damage it shall expend any insurance moneys
1711
1712
1713 collected by the Co-op proportionately in accordance with the ratio shown by the appraisal, subject however, to the provisions of any mortgage charging the Lands and
1714
1715 Development.
1716
1717 = 22          Right to Enter =
1718
1719 == 22.01 Entry for emerqency ==
1720
1721 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, including the Co-op co-ordinator or manager, or any Director may, and is hereby  authorized by the Member, without notice, to enter the Unit to remedy the emergency.
1722
1723 == 22.02 Costs on emergency entry ==
1724
1725 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.
1726
1727 == 22.03 Entry for non-emergency ==
1728
1729 Where an emergency does not exist, a Co-op employee or agent, including the Co-op coordinator or manager, or any Director shall enter the Member's Unit only if:
1730
1731 the Member consents; or  the Directors give the Member 24 hours' written notice that access is required for a reasonable purpose.
1732
1733
1734 == 22.04 Definition of "reasonable purpose" ==
1735
1736 "Reasonable purposes" shall include:
1737
1738 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.
1739
1740 == 22.05 Time of entry ==
1741
1742 Entries except in cases of emergency shall be between the hours of 9:00 a.m. and
1743
1744 9:00 p.m.
1745
1746 == 22.06 No refusal to enter Unit ==
1747
1748 The Member may not refuse entry to the Unit where Sections 22.01 to 22.05 apply.
1749
1750 == 23          Serving Notices ==
1751
1752 == 23.01 Service of notice by the Co-op or bv the Member ==
1753
1754 The Co-op and the Member must serve any notices as required under this Occupancy
1755
1756 Agreement in the manner set out in the Rules.
1757
1758
1759 = 24          Limitation of Liability =
1760
1761 == 24.01 Liability limited ==
1762
1763 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 occupying 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 occupying or visiting the
1764
1765 Member's Unit.
1766
1767 = 25          Miscellaneous Provisions =
1768
1769 == 25.01 Part of the Rules ==
1770
1771 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.
1772
1773 == 25.02 Amendments to the Occupancy Agreement ==
1774
1775 This Occupancy Agreement may only be amended or modified by a Special Resolution.
1776
1777 == 25.03 Interpretation ==
1778
1779 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. 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.
1780
1781
1782 == 25.04 Successors and assiqns ==
1783
1784 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.