Last Updated:
October 29, 2019
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Matt Dolf
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Rule 5: Termination of membership
5.1 Grounds for termination of membership
Where a member:
[a] has engaged in “conduct detrimental” to the Co-op;
[b] has not paid occupancy charges or any other money due by the member to the Co-op within a reasonable time after receiving written notice to do so from the Co-op; or
[c] in the opinion of the Directors, based on reasonable grounds,
[1] has breached a “material condition” of the OccupancyAgreement; and
[2] has not rectified that breach within a reasonable time after receiving written notice from the Co-op to do so,
the membership of that member may be terminated by a resolution of the Directors requiring a majority of at least three-quarters of all the Directors and passed at a meeting of the Directors called to consider the resolution.
5.2 Conduct detrimental to the Co-op
Conduct detrimental to the Co-op can include, but is not limited to, such things as:
[a] failure to comply, or failure to ensure compliance by any resident or person visiting the member, with any term or provision of:
[1] these Rules or the Occupancy Agreement; or
[2] any house rule or policy which may be in effect;
[b] causing, permitting, or threatening wilful damage to the property or physical premises of the Co-op or the Unit;
[c] causing, permitting, or threatening violence directed against persons on the Co-op’s property;
[d] unauthorized detention of property of the Co-op; or
[e] causing, permitting, or threatening injury or harm to the reputation of the Co-op.
5.3 Material conditions of the Occupancy Agreement
Material conditions of the Occupancy Agreement are those defined as material conditions in the Occupancy Agreement.
5.4 Notice of meeting
A member of the Co-op whose membership is proposed to be terminated by a resolution of the Directors:
[a] must receive at least seven days’ notice of the meeting at whichthe resolution is to be considered, together with a statement of the grounds on which the membership is proposed to be terminated; and
[b] may appear, either personally or by or with an agent or counsel, to make submissions at the meeting.
5.5 Notice of outcome of the meeting
Within seven days after the date on which a proposed resolution to terminate the membership:
[a] is withdrawn;
[b] is defeated because it does not receive the required majority of three-quarters of all Directors; or
[c] is passed by the required majority of three-quarters of all Directors,
the Directors must deliver written notice of the outcome to the member.
5.6 Notice of appeal of termination
A person whose membership has been terminated by the Directors may appeal the decision of the Directors at the next meeting of the Co-op by delivering a written notice of appeal to the Co-op within seven days after the date of delivery of the written notice given to the member advising the member of the termination of their membership.
5.7 Appeal of termination
A person whose membership in the Co-op is terminated by the Directors and who appeals the termination of the membership continues to be a member of the Co-op, despite the resolution of the Directors, unless the members, at the general meeting to which the appeal is brought, confirm the termination of membership:
[a] by a special resolution, if the membership is terminated for the“conduct detrimental” of the member, as described in Rules 5.1 and 5.2; or
[b] by an ordinary resolution, if the membership is terminated for non-payment of occupancy charges or any other amount due by the member to the Co-op or for a breach of a material condition of the Occupancy Agreement, as described in Rules 5.1 and 5.3.
5.8 Confirmation of termination
If the members of the Co-op confirm the termination of a person’s membership by the Directors, the Co-op must promptly notify the person with:
[a] a notice that the ordinary resolution or special resolution, as the case may be, confirming the termination was passed by the members; and
[b] a notice as prescribed by the Act, setting out the person’s right to appeal the termination to the Supreme Court of British Columbia, as well as copies of such forms as may be prescribed by the Act and the Cooperative Association Regulation, as amended from time to time.
5.9 Appeal to the Supreme Court of British Columbia
A person who has been given notice under Rule 5.8 may appeal the termination to the Supreme Court of British Columbia, in the manner provided in the Act, before the expiry of 30 days from the date of delivery of the notice.
5.10 Court filing fees
At the written request of the member appealing the termination, and if the member is not in arrears for any monthly 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.
5.11 Timing of request for filing fees
The request under Rule 5.10 must be made by the member within ten days after the day the member is served with notice of termination under Rule 5.8. If the member fails to make the request within this time, the Co-op may, but need not, issue the cheque for the filing fee.
5.12 Certain sections of the Act and these Rules do not apply
Sections 156 (i.e. oppression remedy) and 208 (i.e. arbitration) of the Act and Rule 25 of these Rules (i.e. dispute resolution) do not apply to terminations under Rule 5.
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