Don Ewanovich opening doors to your dreams here in Ottawa

Business: 613-744-2000 Toll Free:  1 - 877 - 744 - 8757 If using the toll free #. Please dial all 11 digits. Email: don@donewanovich.com

Guide to Co-operative Housing
Eviction/Expulsion of Members

A member's right to live in a unit comes from his or her membership in the housing co-op. The right to live in a unit ends when the membership ends.

Co-ops can end or "terminate" a membership under the co-op act for the province or territory in which the co-op is located. This section provides an overview of:

terminating a membership;

the principles of natural justice; and

when landlord and tenant legislation applies.

Terminating a Membership

Terminating a membership is a serious decision, resulting in the loss of someone's home. The process is sometimes called "expulsion", although this word is not in the Act. Expulsion or termination of membership means losing the right to live in a unit owned by the housing co-op.

The process for expelling or terminating a member's membership involves two steps:

1. terminating the member's membership; and
2. getting the unit back from the member once his or her membership has been terminated.

A co-op should use termination of membership as a last resort, only after trying other ways to solve the problem.

The grounds for eviction and the process that must be followed will either be listed in the co-op's rules or bylaws or the provincial / territorial legislation. If the eviction process is specified in the co-op's rules or bylaws, it must comply with applicable legislation.

The co-op, its board and its members must make sure that:

The member has all of the information about the reasons why the board wants to have him or her evicted. The member must be given enough time to prepare for any meetings.

The member must have a right to speak at the meeting and to have a representative or lawyer present.

The co-op, its board and its members are not "biased" or making their decision for personal reasons.

If the co-op, its board and its members do not follow the "principles of natural justice" during any part of the process to evict a member, then the member may be allowed to stay in the co-op.

When terminating a membership, it is important to carefully follow all of the steps required by law. To help both co-ops and members understand their obligations, we have provided a detailed overview of the legal process for each province and territory in the Provincial and Territorial Fact Sheets.

Note: If a member refuses to vacate the premises after being evicted from the co-op, the co-op must take legal steps to remove the member from the housing unit they occupy. In some provinces, the co-op must apply to the rental authority for a legal order that gives the co-op the right to take back the unit. The Provincial and Territorial Fact Sheets have more information on this topic as well.

Members: Check to Ensure that the Correct Procedures are Followed

Members who are having their membership terminated should check their co-op's by-laws and the provincial co-op act to see if the co-op has followed the correct steps for termination. These documents

also say whether the member can appeal the board's decision to the members, and will explain this process. Talk to a lawyer if you don't understand these rules or you think you are not being treated fairly.

---

Return to: Guide to Co-operative Housing
or
Buying a Home
or
CMHC's Main Menu

---

Please note: when using Don's forms please fill out all REQUIRED FIELDS,
or the form will not work.
Thank you.

Don has answers to your questions and more professional tips to make your real estate transaction more pleasurable.
Call or e-mail Don or click on "Ask Your Own Questions."

---

Don can send you information on any Property Listed For Sale on the Multiple Listing Service in the Metro HRM area.
If you would like him to help you locate a home, please fill out his Information Request Form.

---

Or perhaps you are considering selling your home in the near future,
he can also offer you a Complimentary No Obligation Market Evaluation Form

---

Copyright 2011 www.donewanovich.com. All Rights Reserved.
Site Designed & Maintained by: John Smillie/Lasting Impressions