CLARION CO-OPERATIVE HOMES INC.
By-law No. 13
Maintenance and Improvements By-law
A By-law which sets out Co-operative and Member responsibilities in the care and maintenance of Member units and common areas.
Passed by the Board of Directors on the 22nd day of October, 2001.
Confirmed by the Members on the 2nd day of November, 2001
ARTICLE 1
Maintenance Bylaw
1.1 Purpose of Bylaw
(a) The purpose of this bylaw is:
1. To set out the respective responsibilities of the Members and the Co-operative for the maintenance, repair and improvement of the Co-operative property;
2. To establish guidelines concerning what repairs and improvements Members may undertake within their individual units
(b) It is expected and encouraged that Members will be responsible for maintenance of their unit as much as is reasonably possible. Any work done by the Members saves the Co-operative and, therefore, ultimately each individual Member money.
(c) Preventative maintenance will be a strong focus of the Maintenance Committee.
1.2 Maintenance Objectives
The objectives of this By-law shall include:
(a) To maintain a safe and sound building structure and grounds;
(b) To maintain mechanical systems and services in functioning order;
(c) To respond adequately and responsibly to the short-term and long-term maintenance needs of the Co-operative; and
(d) To use volunteer labour when appropriate to reduce costs.
1.3 Maintenance Responsibilities
(a) The Co-operative Responsibilities shall include:
1. To keep all units, Co-operative property, and all services and facilities of the Co-operative in a good state of repair and fit for habitation. It must make sure that it meets all the legal standards of health, safety, maintenance and occupancy.
2. regular maintenance.
3. maintaining and servicing all mechanical and electrical systems, appliances and equipment owned by the Co-operative.
4. regular testing of smoke detectors and fire extinguishers in units, community centre and laundry room.
5. regular inspections and maintenance of exterior common areas.
6. exterior maintenance of buildings;
7. minor repairs where a Member is unable physically to perform them.
8. major repairs; and
9. repainting vacant units before new Members move in, if required, unless alternate arrangements are made with the new Members.
(b) Member responsibilities shall include:
1. General vacuuming and cleaning (including windows, appliances, floors, carpets, walls and bathrooms);
2. Routine outdoor work (including grass cutting, weeding and snow shoveling);
3. Minor repairs to the unit;
4. Reporting items needing repair promptly by submitting a Maintenance Work Order form;
5. The cost of replacement or repairs to Co-operative property, if any damage is caused by the Member, other occupants or guests of the Member through negligence or abuse;
6. The cost of replacement of any Co-operative owned property that is removed by the Member, other occupants or guests of the Member; and
7. Draining exterior faucets prior to November 15 each year.
(c) Neglect of Responsibilities
Prompt attention to repairs is important to keep the co-operative in good condition. When the Co-operative requires the member to do repairs in their unit, it will be done in writing and give a time limit. The members will have 10 days to make the repairs. If the repairs have not been completed in 10 days, the Co-operative has the right to make the repairs and to charge the members the cost of the repairs, even if the Co-operative has to hire someone to do it.
(d) Maintenance Committee
1. The Co-operative shall have a Maintenance Committee in order to carry out the Co-operatives responsibilities. Should the Committee not be functioning, the Board of Directors or the Board of Director’s designate may assume some or all of its duties.
2. Maintenance Committee Responsibilities shall include:
A. Establishing and monitoring the Co-operative’s maintenance program;
B. Establishing and monitoring routine maintenance procedures;
C. Establishing and monitoring unit maintenance procedures;
D. Conducting and following up on unit and common area inspections
E. Performing or supervising repairs and improvements;
F. Establishing and monitoring emergency procedures;
G. Purchasing, renting, monitoring use of, and performing maintenance of equipment;
H. Educating Members and assisting in routine maintenance procedures, when requested;
I. Establishing and monitoring a maintenance Budget; and
J. Administering various other procedures.
3. Maintenance Committee tasks shall include:
A. Setting goals and formulating policies concerning maintenance issues;
B. Recommending changes or additions to these policies when necessary;
C. Reporting to the Board and General Membership on progress and problems (including written reports, newsletter articles and other reports);
D. Monitoring the work of contractors, in conjunction with the staff person; and
E. Informing and educating Members about their maintenance responsibilities and simple repairs by:
a. Developing a maintenance handbook;
b. Presenting workshops on specific maintenance topics; and
c. Articles in the Co-operative newsletter.
d. Scheduling, organizing and supervising “work parties” for special maintenance projects; and
e. Maintaining an inventory and overseeing the use of maintenance equipment and supplies.
1.4 Cleanliness
The Member shall maintain the unit both inside and out, and keep it at all times in a reasonable state of cleanliness and repair. The Member shall comply with all requirements of governmental authorities. Without limiting the generality of the former, this shall include:
(a) The Member shall not allow any, garbage to accumulate in front yards, flowerbeds, driveways, stairwells, porches, balconies, or backyards.
(b) Members shall not store general household items and outdoor belongings on front porches, driveways and flowerbeds.
(c) The Member shall co-operate in the maintenance of common areas
1.5 Garbage
(a) Garbage must be packed in securely fastened appropriate plastic bags or other containers.
(b) Garbage bags or
containers must be deposited on the sidewalk in front of the unit no earlier
than
(c) Garbage containers are to be stored inside the unit or garage, not on driveways, front steps, porches or balconies (Except Units #54, 55 and 59).
(d) Members are expected to keep the area associated with their unit free of garbage and to assist the Co-operative by picking up any loose garbage noticed elsewhere on Co-operative property.
(e) Large items such as mattresses are not to be placed at the curbside or placed anywhere in Co-operative common areas. At least once a year, the Co-operative will bring in a large bin for such items. Otherwise, these items should be discarded properly at the Member’s expense.
1.6
(a) Members must actively discourage mice harborage and pest infestation by maintaining a reasonable level of cleanliness within the garage and unit.
(b) In the event of a serious pest control problem in the Co-operative buildings, the Co-operative will have the right to take such pest control measures, as it considers necessary to deal with the problem.
(c) Exemptions from a general requirement for chemical pesticides will be permitted for Members who obtain a letter from a doctor confirming allergy or sensitivity to these products. Members who receive an exemption will be required to co-operate with alternative methods of pest control. Such exemptions apply to unit only, not to common area.
(d) Members must co-operate in the preparation of their units for extermination services.
1.7 Fire Safety and Security
(a) Members are not permitted to store highly flammable substances within their unit.
(b) All units have smoke alarms installed on every floor. The alarms are electrically wired to the main electrical panel. They are not battery operated. When one alarm is triggered, all of the other alarms should sound at the same time. Members are responsible to take part in ensuring that the smoke alarms are operational and to co-operate with the Co-operative in carrying out the necessary testing and maintenance.
Members must report any problem with smoke alarms to the Co-operative office immediately.
Members must not disable a smoke alarm. This is a provincial offence of the Ontario Fire Code, which may be subject to a fine.
(c) Each unit is equipped with a fire extinguisher. The Member is responsible to take part in ensuring that the fire extinguisher is operational and must report any problems with fire extinguishers immediately. The Co-operative is responsible for maintaining fire extinguishers, including annual testing.
(d) Members must not overload electrical circuits.
1.8 Changing Locks
(a) The Co-operative units are keyed to a master key system. Members may not alter or change the locks for any reasons.
(b) Members may request a lock change. The locksmith will be contracted by the Co-operative on behalf of the Member. The Member will be responsible for paying the bill.
(c) The Member is required to pay the bill in full, at the time of the lock change. If the Member is aware of personal hardships that will prevent payment at the time of the lock change, the Member must arrange to make out a payment schedule. The Member will still be responsible to incur all costs.
(d) The Co-operative is responsible for regular repair and maintenance for the locking mechanisms. The Member is responsible to report any problems or difficulties with the locks of their unit by completing a Maintenance Work Order Form.
(e) Sliding chain locks are permitted inside the unit. At move-out, the chain locks must remain in place.
1.9 Laundry
a) Laundry may not be hung outside the front or side of any units.
b) Members may hang laundry in backyards however they must follow the guidelines set out in Article 4, section 4.7 of this By-law.
ARTICLE 2
Emergencies
2.1 Purpose
The Emergencies Article is intended to provide direction in a crisis situation when regular procedures will not be adequate.
2.2 Definition
The following conditions constitute an emergency:
(a) Life or physical safety is endangered;
(b) Immediate health hazard exists;
(c) Loss of essential services;
(d) Financial loss to the Co-operative will arise if immediate action is not taken; and/or
(e) Public or private property may be damaged.
2.3 Procedures
(a) In the case of extreme emergency (fire, gas leak, severe accident), the Member should leave the unit (if possible), call the appropriate emergency number and then report the emergency to the staff person, Maintenance Committee emergency contact, Board Member or other appropriate Co-operative representative.
(b) In the case of other emergencies (leaking pipes, floods, electrical breakdown), a Maintenance Committee emergency contact person should be involved. She/he will evaluate the situation and may call a tradesperson if needed.
(c) If neither the Maintenance Committee emergency contacts, the Board of Directors or the Staff person can be reached. The Member may call a tradesperson, but she/he may be held responsible for payment of the bill.
(d) Repairs not considered to be emergencies should be treated as normal repair work by completing a Maintenance Work Order form.
ARTICLE 3
Maintenance Work Orders
3.1 Maintenance Work Orders
(a) Members will complete a Maintenance Work Order form and submit all three copies to the Co-operative office, if possible during open office hours. Forms are available at the Co-operative office.
(b) The staff will note the date received at the top of the form and make a preliminary assessment of which category the Maintenance Work Order falls into (see Article 3.3 below)
3.2 Monitoring the Progress of Maintenance Work Orders
(a) Maintenance Work Orders will be entered in the Housing Management Worx computer system (HM Worx).
(b) All subsequent activity relating to the Maintenance Work Order will be entered in HM WORX as appropriate.
(c) Maintenance Work Order reports will be reviewed by the Maintenance Committee as required.
3.3 Categorizing and Completing Work Orders
The following process will be followed, depending on the category of Work Order Request:
(a) Category A – parts only
If parts are in inventory, parts will be given to the Member. If parts are not available, a Purchase Order will be issued to the Member. After the Member receives the parts needed to do the work, the Member must return the cash register receipt to the Co-operative office.
(b) Category B – assigned to volunteer or staff
The person assigned to the work shall report on their progress within one (1) week. If parts are needed, the procedure indicated under Category A shall be followed. When the work is completed, the Maintenance Work Order form shall be returned to the office marked “Completed”. After its completion is noted (in HM WORX), the form will be filed in the Maintenance Unit file.
(c) Category C – outside contractor called
When the work is completed, the Maintenance Work Order form shall be placed in the Maintenance Unit File marked “Completed”. After its completion is noted (in HM WORX), the form will be filed in the Maintenance Unit file.
(d) Category D – long-term replacement item
Maintenance Work orders regarding capital items shall be referred to one or all of the following:
1. Maintenance Committee;
2. Reserve Committee;
3. Finance Committee; and/or
4. Board of Directors.
ARTICLE 4
Unit Alterations, Improvements & Installations
4.1 Unit Alterations, Improvements & Installations
(a) Members will be individually responsible for the cost of any alterations, improvements or installations to their units. Examples may include: satellite dishes, antennas, central air conditioning, basement finishing.
(b) Fixtures (ie. light fixtures) in place are the property of the Co-operative. If such items are removed, they shall be stored by the Member in her/his unit and replaced when the Member leaves the unit.
(c) Wallpaper must be dry-strippable. On move-out, the Member must return the unit to its original condition, unless agreement is made with the incoming Member.
(d) Any non-permanent fixtures installed by the Member may be removed by her/him at any time, providing the unit is returned to its original or better condition in all respects.
4.2 Application Approval
(a) Any unit alteration, improvement or installation requests, including the examples listed above, must be made in writing and submitted to the Maintenance Committee, in care of the Co-operative office.
(b) The Member seeking to make any alterations, improvements or installation must submit a written proposal to the Maintenance Committee that includes enough detail to assure the Board of Directors or its Designate that the work proposed will be done in a competent and timely manner. The Member should indicate how they would comply with any relevant building codes and provide copies of all building permits and proof of certified inspection if required.
(c) Applications should include a description of the work (including drawings, if possible) and who is to do the work.
(d) After consideration by the Maintenance Committee, or its designate, the Staff or a Committee representative will contact the Member as to the status of the application.
(e) If additional information is required, or if conditions are stipulated by the Maintenance Committee, or its designate the request will be considered again at the next Maintenance Committee Meeting.
(f) If a Member initiates any alteration, improvement or installation without the prior written approval of the Maintenance Committee, or if the work is not completed in a satisfactory manner, the Member will be required to rectify the problem or pay the cost of returning the unit to its original condition.
(g) If the Maintenance Committee or its designate needs direction (i.e. if the request is without precedent) the request may be referred to the Board of Directors.
(h) If the Maintenance Committee or its designate finds it necessary to employ the services of a consultant in order to determine whether an alteration, improvement or installation request should be approved, the Member submitting the request will be responsible for the cost involved. The Member will be advised of the costs and asked whether the consultant should be employed.
(i) The Maintenance Committee or its designate may from time to time set standards of design, materials and quality of work for alterations, improvements or installations which Members carrying out such improvements must meet.
(j) Fixtures in place are the property of the Co-operative. Members may, on a temporary basis, replace Co-operative owned fixtures with their own, but are responsible for storing the original fixture within their units and replacing them, in good condition before they move out.
(k) Members whose requests are turned down by the Committee may appeal this decision to the Board of Directors.
4.3 Inspection Procedure
(a) The Maintenance Committee reserves the right to inspect any alterations, improvements or installations at its discretion.
(b) If the work is unacceptable, a letter indicating so will be written to the Member. If, after thirty (30) days, the Member has not brought the work up to standard, the Co-operative will, at a time of its choice, endeavour to return the unit to its prior condition and will bill the Member for all costs incurred.
(c) Structural improvements (i.e. finished basements) must remain for the benefit of the next Member to use.
(d) At move-out, the Member must restore any alterations, improvements or installations that have been approved (excluding structural alterations and pre-approved paint colours) to their original condition. Failure to do so will result in the Member being billed for the costs incurred by the Co-operative to do so.
4.4 Interior Unit Improvements
(a) Interior unit alterations, improvements and installations may include, but are not necessarily restricted to the following:
1. Removal and replacement of existing, plumbing or electrical fixtures;
2. Electrical, plumbing and heating work (ie. installation of dishwashers, water softeners, electrical outlets, etc.); and/or
3. Basement finishing projects.
4.5 Paint and Decorating
(a) When Members wish to repaint their units, they will be responsible for carrying out the work. The Co-operative will not require Members to repaint their units unless repainting is necessary because of undue wear and tear, poor workmanship or it has been painted in colours other than those listed in Article 4.5 (d), (e) and approved alternate colours.
(b) The Co-operative will need to determine eligibility for paint. Therefore, paint allowances will be distributed in the following manner and according to the following conditions:
1. Each unit is eligible for a paint allowance on the first (1st) day of the fourth (4th) year since the unit was last painted. Members must confirm eligibility with Co-operative staff.
2. Every Budget year (July 1 to June 30) the Board of Directors will determine the number and dollar value of each paint allowance- available. Paint allowances will be given out on first come, first serve basis
(c) Members may paint different rooms in difference colours [as specified in Article 4.5(d), (e)] and approved alternate colours. However, members will only be allocated a dollar amount equal to the cost of the bulk purchase of paint allocated for the unit size.
(d) The kitchen, bathroom, all interior doors and all trim throughout the unit (i.e. baseboards and wood trim around windows) must be painted in Para Pearl Oil Semi Gloss “Milky Way B701-4”. (Definition of kitchen is: Where the cupboards end, the kitchen ends. All headers are considered part of the ceiling).
(e) All other interior walls must be painted with Para Pearl Latex“Milky Way B701-4”
(f) Approved alternate
(g) Members who paint in the colours specified in Article 4.5 (d) and (e) and approved alternate colours are not required to repaint their unit at move-out.
(h) At move in, the Co-operative will paint units, as required, in one colour (at the discretion of the Co-operative staff) as specified in Article 4.5 (d) and (e) and approved alternate colours. Incoming members who choose an approved alternate colour must pay the co-operative the difference between the cost of an approved alternate colour and Para Pearl Milky Way (B701-4).
(i) No other paint type or colour other than specified in Article 4.5 (d) and (e) and approved alternate colours are to be used.
(j) No textured paint finishes (i.e. feather painting, sponge painting) are permitted.
(k) Members who, per the
1994 paint allocation, painted their unit in colours from the “St. Claire
Interior Off Whites” selection chart will not be required to re-paint their
unit at move-out. Members who, prior to
(l) Members who are not eligible for a paint allowance, but want to paint their unit in colours specified in Article 4.5 (d), (e) and approved alternate colours must do so at their own expense.
(m) Members can obtain their paint allowance in the form of a purchase order at the Co-operative office during open office hours. Paint allowances will be given out in person only. Phone calls will not be accepted.
(n) Members are not to paint the exterior of their unit. The maintenance committee will contract sub-contractors to paint the exterior of the unit.
(o) Members are not to paint the stucco ceilings or the wooden beams in their living room. The Co-operative will hire a sub-contractor to paint the stucco ceilings as required.
(p) Ninety (90) days after the purchase order is issued, a maintenance committee inspector will inspect the unit to ensure that paint has been properly applied.
(q) Leftover paint may be used for basements, laundry, utility rooms, and garages. Paint will not be supplied specifically for these areas.
4.6 Exterior Unit Improvements
(a) Members must receive written approval of the Maintenance Committee prior to undertaking any alteration to their units, or private outdoor space. The guidelines below shall be used by the committee when deciding whether to approve exterior unit improvement requests.
(b) The Member shall be responsible for obtaining and paying for a building permit or inspection certificate where required.
(c) All work will be inspected by the Maintenance Committee for final approval. Any unacceptable construction shall be removed or replaced at the Member’s expense.
4.7 Back Yards
(a) Back yards shall be defined as the area extending directly from the unit’s back wall to the end of fence.
(b) Arbours and trellises must be constructed of pressure treated or weatherproof lumber. Their height is not to exceed the top of the existing fence and their style is to compliment existing fence. They must be of sound construction to prevent injury or damage.
(c) Gardens, raised beds and planters may be installed at the Member’s discretion, providing that they drain away from units. They must be properly maintained by the Member.
(d) Shrubs and hedges may be used as a privacy screen, but may not exceed the height of the existing fence. Care and maintenance of shrubs and hedges is the Member’s responsibility, as is removal and disposal of sod.
(e) Most units have two (2) border fences; to the left and right of their back yards.
(f) Unit clotheslines should be wrapped around border fences.
(g) Apartment clotheslines should be wrapped around steel balcony rails.
(h) No screws, nails or eyelets or any kind of holes should be put into fences with regards to clotheslines.
(i) No clotheslines may be attached to privacy fences*.
(j) No pulleys may be attached anywhere.
(k) No clothesline may extend onto common grounds.
(l) No clotheslines may be attached to trees.
(m) No permanent umbrella stand may be affixed to the grounds:
1. They must be on stands, not cemented into the ground; and
2. They must be removed when the Member leaves and holes and grass must be replaced.
(n) Clothes should not be left out longer than twenty-four (24) hours.
4.8 Common Areas
(a) Common areas shall be defined as all outdoor areas of the Co-operative other than those outlined in Article 1.4 (a) of this By-law.
(b) Except at the direction of the Landscape Committee or other Committee empowered by the Board of Directors, Members shall not alter in any way the common areas beyond their yards. This space belongs to everyone.
(c) Composters and gardens are to be kept in Member’s back yards.
Yard waste is not to be dumped anywhere in the common areas or is it to be dumped onto neighbouring property
ARTICLE 5
Supplies and Equipment
5.1 Inventory
(a) The Maintenance Committee will keep an accurate inventory of all tools, equipment and appliances and a maintenance record of all equipment. In the case of landscape and gardening equipment, this responsibility may be delegated to the Landscape Committee.
(b) The Maintenance Committee will be responsible for maintaining a sufficient quantity of each type of material and for maintaining an up-to-date list of the products kept in stock.
5.2 Access
(a) Only the Staff and Maintenance Committee representatives will have access to supplies and equipment.
(b) A register of supplies and equipment issued is to be maintained. Supplies and equipment will be checked out and through the Maintenance Committee representatives.
(c) Maintenance tools and supplies owned by the Co-operative may be borrowed by Members but must be promptly returned. The Maintenance Committee may determine from time to time any conditions that may be applied to the borrowing of Co-operative equipment.
(d) Members signing out equipment will be financially responsible for the repair or replacement if the equipment is lost or damaged while they are responsible for it.
5.3 Appliances
(a) The Co-operative is responsible for maintaining Co-operative owned appliances in working order and replace them, as necessary.
(b) Members are required, on a regular basis, to clean both the interior and exterior of their refrigerators and stoves, in accordance with the recommendations of the manufacturer.
(c) Damage to any appliance, which is caused by the failure of the Member to carry out these responsibilities or otherwise caused by the Member’s neglect, or abuse will result in Members being responsible for costs.
ARTICLE 6
Inspections
6.1 Timing of Inspections
Inspections will take place when a Member moves out and also annually.
6.2 Inspectors
(a) All annual unit inspections will be done by two (2) Maintenance Committee representatives.
(b) All other inspections will be done by Maintenance Committee representatives or its designate.
6.3 Moving Out of the Unit
(a) When Members move out of their unit, they must leave it clean and in good order.
(b) After a Member has submitted a Withdraw of Membership and Surrender of Occupancy Rights for their unit the following will occur:
1. A pre move-out inspection of the unit will be held within 14 days of submission of the Withdraw of Membership and Surrender of Occupancy Rights form. The results of the inspection will be reviewed and the Member will be sent a letter notifying them of any repairs the Member is responsible for performing before vacating the unit. Repairs must be performed in a good and workmanlike manner.
2. A second move-out inspection, if necessary, will be held.
3. A final move-out inspection will be held on the date of move-out once the unit is completely cleaned and all household belongings have been removed. The Member is required to be in attendance at the final inspection and will turn over all co-operative keys and their Member handbook at that time.
4. If during the final move-out inspection there are any further Member responsibility repairs that were not detected at the previous inspection(s), the Member is responsible to reimburse the Co-operative for the cost of repairs via the Member deposit.
6.4 Annual Inspections
(a) Annual inspections are to be conducted on each unit. The Member will be given at least forty-eight (48) hours notice of the inspection. The Maintenance Committee should also explain its purpose and value.
(b) The inspectors will evaluate any damage and inform the Member(s) of any work to be completed by them.
(c) Any repairs that are determined to be the Co-operative’s responsibility should be done as promptly as possible.
6.5 Inspection Forms
(a) Unit Inspection forms will be approved from time to time by the Maintenance Committee and will be used to document any inspections of Member units. Different forms shall normally be used for each unit size and style.
(b) Completed forms shall be kept in Maintenance Unit files.
This By-law was passed by the Board of Directors of Clarion Co-operative Homes Inc. on the 22nd day of October, 2001.
Director Director
This By-law was confirmed by at least two-thirds (2/3) of the votes cast by the General Membership of Clarion Co-operative Homes Inc. at a meeting called for that purpose on the 2nd day of November, 2001.
Authorized Signing Office r Authorized Signing Officer
* Exception: Unit 1 has only one (1) border fence. Therefore, the retaining wall 2 x 4 may have one-half inch (1/2”) hooks