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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.

Answer Options
A
The co-op can revoke occupancy rights immediately without notice, since members are not tenants
B
Only a court can ever terminate a member's occupancy rights in a housing co-op
C
A board resolution after written notice and a chance to be heard
D
The member can only be removed by a unanimous vote of all other members

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Key Terms

housing co-operativeCo-operative Corporations Act s. 171.8occupancy rightsLandlord and Tenant Boardtermination
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