BYLAWS OF THE RAINBOW HOUSING CO-OPERATIVE, LTD.
- Membership in the Rainbow Housing Co-operative Ltd. shall be open to all those of the age of majority and older (unless otherwise approved by the Board) indicating a need of its services, an understanding and acceptance of its objectives, and a willingness to abide by the co-operative principles.
- Applicants for membership or joint membership in the co-operative shall apply in the form prescribed by the directors.
- a) At the time of occupancy, unless other arrangements for payment are approved by the directors, those members or joint members completing occupancy agreements shall be required to purchase sixteen hundred shares in the co-operative, each share having a par value of one dollar ($1.00).
- b) The method of the collection of monies for the purchase of the required shares shall be, determined by the Directors.
- c) When all units have been allocated, the membership of those not accommodated in the co-operative shall be terminated. From that time forward, membership shall be contingent upon residence in the co-operative.
The co-operative shall, within fifteen (15) days, refund all shares, at par value, to all whose memberships were terminated.
- A member, who does not move into a unit and is not refunded his/her initial share capital may appeal this decision and, where circumstances warrant, the co-operative shall refund this share capital within fifteen (15) days of a successful appeal.
4. In addition to the provision of Bylaw No. 2 the number of shares required to be purchased by members in the future may be determined by the Board of Directors, from time to time.
5. Applicants for membership shall be approved or rejected by the Board of Directors of the Co-operative, and their decision recorded in the minutes.
6. Two or more persons who intend to reside in the same unit in the co-operative shall apply for joint membership as joint owners with the right to survivorship. Each member of the joint membership shall have one vote.
7. The owner of a share in the co-operative shall dispose of that share only to the co-operative for a price equal to the amount paid for that share on its purchase by the owner.
- Members shall be required to sign an occupancy agreement with the Rainbow Housing Co-operative Ltd. before occupying a unit in the co-operative.
- Monthly housing charges and such other assessments as may be necessary from time to time will be recommended by the Board of Directors and approved by the members at a duly called meeting.a) In accordance with the Section 56.1 Agreement, signed between Canada Mortgage and Housing Corporation and the Rainbow Housing Co-operative Ltd. In the year one of operation the regular occupancy charge shall be equivalent to the lower end of the range of market rents for similar accommodation in the area as established by Canada Mortgage and Housing Corporation. In subsequent years of operation, the total of the regular occupancy charges shall be the sum of project operating costs including the replacement reserves and the reduced amount of principal and interest paid on the mortgage. Housing charge differentials shall be determined on the basis of bedroom count.
- Monthly housing charges shall be paid in the manner prescribed by the directors in the policy manual.
- The co-operative shall not impose upon any member accelerated housing charges, i.e. the co-operative shall not require any member to pay more than one (1) month’s housing charges in advance.
- The co-operative shall give three (3) months notice of any increase in housing charges except where the Registrar gives his approval for a shorter notice or the members have unanimously approved the increase at a general meeting.
Quiet Enjoyment of Home:
- Every member is entitled to have quiet enjoyment of her/his home.
Maintenance of Unit:
1. Responsibility for the maintenance of the residential unit in a safe, habitable and reasonable state of repair, such responsibility to include the repair and replacement of fixtures and the repair of any damage to the unit, shall be governed by the maintenance policy.
Entry of Unit:
1.The co-operative and its agents, except in the case of an emergency, are required to give reasonable notice to the member prior to entry of the member’s unit. Such notice shall be defined in the policy manual.
Arbitration of Disputes, Between Members:
1.Disputes arising between members of the co-operative shall be resolved according to the grievance policy of the co-operative.
Arbitration of Disputes, Between Members and the Co-operative:
- Disputes arising between members of the co-operative and the Board of Directors shall be handled as follows:
- a) Any decision of the Board of Directors may be appealed to the membership at a regular or special meeting as provided for in Section 31 of these bylaws.
- b) A majority vote of those members present at the meeting shall determine the appeal.
Letting of Units to Non-members:
- If a member cannot be found to occupy a vacant unit in the co-operative, the Board of Directors may lease a unit on a month-to-month basis to a non-member. The Board of Directors will set the monthly lease amount.
2. Subject to the approval of the Board of Directors or their designates, and on terms and conditions prescribed by the directors, members may let a unit in the co-operative to non-members for a period of not normally more than twelve (12) consecutive months.
- a) The member remains always responsible for payment to the co-operative of housing charges.
- b) Membership in the co-operative, and the member occupancy agreement, shall be terminated on a unit, which remains unoccupied by the member for a period longer than twelve (12) months.
- c) Non-member occupants will not enjoy voting rights during their stay in the co-operative but will be expected to assume some responsibility for participation in accordance with the Participation policy.
Withdrawal from Membership:
- A member may withdraw from membership.
- a) Notice of intention to withdraw shall be given in writing at least sixty (60) days prior to the date of withdrawal, which shall fall on the last day of a month or on the 15th day of a month.
- b) Upon the date of withdrawal, the Directors shall within one hundred, twenty (120) days, order the repayment of the share capital owing to the member, less any accounts owing or damages that may be assessed.
Death of a Member:
1.Upon the death of a member, the joint member shall continue to enjoy all rights of membership, including the right to occupy the premises allocated to or previously occupied by the deceased member.
Termination of Membership:
1.The Directors may, by a two-thirds vote of the Directors present at a duly called meeting, order the termination of a membership in the co-operative, subject to the following provisions:
- a) The co-operative shall give a minimum of sixty (60) days notice to a member of the termination of his/her membership except where a member contravenes bylaws or policies governing:
- i) Ordinary cleanliness of the unit after having received written notice of the contravention;
- ii) The use of the premises for prohibited purposes;
iii) Payment of housing charges; or,
- iv) Vandalism or destruction of property belonging to the co-operative or other members of the co-operative:
- In these cases the member has a minimum of twenty-four (24) hours from receipt of the order of termination to vacate the premises.
- All capital furnished by the member, less any outstanding accounts owing to the co-operative, shall be refunded to the member within a time of one hundred twenty (120) days following the day of termination.
- The secretary shall within five (5) days from the date on which the order is made, notify the member of the order. Notice shall be by registered letter addressed to the members’ last known address. The member is deemed to have received the notice 5 days after the registered letter is posted.
- An, appeal of the order of termination may be taken by the member to a special meeting of the co-operative. Provided that written notice of intention to appeal shall be given in writing by the member to the Secretary within thirty (30) days from the date of the notice mentioned in section 18 c) above.