The board of a non-profit housing co-operative in Ontario wants to terminate a member's membership and occupancy rights for persistent breaches of the co-op's by-laws. What process does the Co-operative Corporations Act require?
Correct Answer
C) A board resolution after written notice and a chance to be heard
Under s. 171.8 of the Co-operative Corporations Act, membership and occupancy rights in a non-profit housing co-operative can be terminated only by a board resolution, on a ground in the by-laws that is not unreasonable or arbitrary, after at least ten days' written notice of the board meeting, where the member may appear and make submissions. If the member does not leave, the co-op must get a Landlord and Tenant Board order where Part V.1 of the Residential Tenancies Act, 2006 applies, or otherwise a writ of possession from the court.
Why This Is the Correct Answer
This answer is correct because s. 171.8(2) of the Co-operative Corporations Act allows termination only by a board resolution, after written notice to the member at least ten days before the meeting and with the member's right to appear and make submissions. Enforcement then goes to the Landlord and Tenant Board or the court if the member stays.
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