September 24, 2013
Amendments to the Residential Tenancies Act, 2006 and the Co-operative Corporations Act will move co-op eviction applications from the courts to the Landlord and Tenant Board.
Previously, the Co-operative Corporations Act required co-ops to apply to the courts to resolve disputes. The court process can be very time consuming and expensive for co-op providers and their members.
This legislation will enable co-ops to apply to the Landlord and Tenant Board to resolve tenure disputes based on grounds covered under the Residential Tenancies Act, 2006. This is the current process for rental housing disputes. The new changes make the co-op tenure dispute resolution process more efficient and reduce the financial burden on co-ops and their members.
Unlike rental housing, each co-op sets their own rules and policies in by-laws. Co-op members decide democratically how funds are spent, the amount of housing charges members pay and the rules of conduct for members.
If a co-op tenure dispute involves by-law infractions that have no comparable grounds for eviction under the Residential Tenancies Act, 2006, the co-ops would continue to use the current court process.
This legislation does not allow co-op members to apply to the Landlord and Tenant Board for disputes related to housing charges and maintenance. These issues will continue to be addressed through the co-op’s internal democratic process, as mandated by the Co-operative Corporations Act.
Ministry of Municipal Affairs and Housing
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