Name: Rental Policy
Proposal Number: 04
Revision Number: 9
Committee: Community Building
Contact Name: Member
After many months of discussion, the following proposal was approved:
- Wolf Willow Cohousing is an owner-occupied community. Every unit is intended to be the principal residence of the equity member(s) who own(s) it. It is not intended to be for rent.
- Wolf Willow Cohousing will keep a waiting list of people who are familiar with the community and who have expressed an interest in purchasing or renting a unit.
- Any equity member who intends to rent out her/his unit, will agree to mentor, or to find a member who will mentor, the renter on community expectations, decision-making and his/her responsibilities.
- When Wolf Willow owners want to rent their homes, the Community may require signed agreements with the owner and the renters regarding their obligations to maintain the spirit of co-housing and the integrity of the Wolf Willow Community. The specific obligations to be contained in the letters of agreement, such as carrying out member duties, participation of the renter in meetings, and use of common property will be voted on by the members and contained in an addendum to this policy.
- Any rental of a Wolf Willow unit must be in accordance:
a. with the provisions of the Condominium Property Act and
b. with all other relevant provincial, local and Wolf Willow laws, codes and bylaws.
- The Wolf Willow Community may designate a body to act on its behalf to monitor agreements, adjudicate concerns and, if necessary, levy fines in accordance with the Condominium Act.
- This policy does not apply to visitors. An occupant of a unit may host visitors of any age. It must be clear that these visitors are not using the unit as their residence.
Decision date: February 20, 2011
Outcome: Approved by consensus
The Condominium Property Act
PART VII – Rental of Residential Units
Notice of intention to rent
75 No owner of a residential unit shall rent the unit until the owner has given written notice to the corporation of the owner’s intention to rent the unit, setting out the address at which the owner may be served with a notice pursuant to this Part.
Condition of tenancy
76 Where an owner of a residential unit rents the unit, it is a condition of the tenancy, notwithstanding anything in the tenancy agreement, that the persons who reside in or on the unit shall not:
(a) cause damage to the real or personal property of the corporation or the common property or the common facilities; or
(b) contravene the bylaws of the corporation.
77(1) The corporation may require the owner of a residential unit who rents the unit to pay to, and maintain with, the corporation a deposit in an amount that does not exceed the maximum amount of a security deposit pursuant to The Residential Tenancies Act, 2006.
(2) The corporation may use the deposit for the maintenance, repair or replacement of:
(a) any real or personal property of the corporation or any of the common property or common facilities that is damaged, destroyed, lost or removed by a person residing in or on the rented unit; or
(b) any of the common property for which an owner is permitted to exercise exclusive use pursuant to section 72 that is damaged, destroyed, lost or removed by a person residing in or on the rented unit.
Notices to corporation
78(1) The owner of a rented residential unit shall give the corporation written notice of the name of the tenant within 20 days after the commencement of the tenancy.
(2) The owner of a rented residential unit shall give the corporation written notice that the unit is no longer rented within 20 days after the end of the tenancy.
Return of deposit
79 Within 20 days after receiving a notice pursuant to subsection 78(2), a corporation shall:
(a) return the deposit to the owner;
(b) if the corporation has used the deposit for a purpose set out in section 77, deliver to the owner:
(i) a statement of account showing the amount used and the purpose for which it was used; and
(ii) the balance of the deposit that is not used; or
(c) if the corporation is entitled to use the deposit but is unable to determine the amount that it will use:
(i) deliver to the owner an estimated statement of account showing the amount that it intends to use; and
(ii) within 60 days after delivering the estimated statement of account, deliver to the owner:
(A) a final statement of account showing the amount used and the purpose for which it was used; and
(B) the balance of the deposit that is not used.
Application for order to give up possession
80(1) A corporation may apply to the Director of Residential Tenancies pursuant to The Residential Tenancies Act, 2006 for an order for possession of a rented residential unit if a person who resides in or on the unit:
(a) causes excessive damage to the real or personal property of the corporation or to the common property or common facilities;
(b) causes excessive noise; or
(c) is a danger to, or intimidates, persons who reside in or on other units.
(2) The corporation shall serve a notice of application for an order for possession on both the tenant and the owner.
(3) The provisions of The Residential Tenancies Act, 2006 with respect to applications for an order for possession of rented premises apply, with any necessary modification, to applications pursuant to this section.
Payment of arrears of common expenses by tenant
81(1) Where the owner’s contribution to a fund established pursuant to section 55 is in arrears respecting a residential unit that is occupied by a tenant renting from the owner, the corporation may:
(a) by written notice to the tenant and the owner, require the tenant to pay the rent otherwise payable to the owner to the corporation in an amount not exceeding the rent; and
(b) apply the amount collected to the unpaid fees until the arrears are satisfied.
(1.1) Where a corporation has obtained a judgment pursuant to section 99 requiring the owner to pay an amount to the corporation and the owner has not paid the full amount, the corporation may:
(a) by written notice to the tenant and the owner, require a tenant renting from that owner to pay the rent otherwise payable to the owner to the corporation in an amount not exceeding the rent; and
(b) apply the amount collected to the judgment until the judgment is satisfied.
(2) A tenant who has made a payment pursuant to subsection (1) or (1.1) may deduct the amount of the payment from the rent that the tenant pays to the owner.
(3) Where a tenant has made a payment to a corporation pursuant to subsection (1) or (1.1) and has deducted the amount of the payment from the rent paid by the tenant:
(a) the corporation shall deduct the amount of the payment from the arrears owed by the owner to the corporation;
(b) the owner is not liable to the corporation for the amount of the payment; and
(c) the amount paid by the tenant to the corporation pursuant to subsection (1) or (1.1) is deemed to be rent paid by the tenant to the owner.
82(1) No corporation shall do any of the following unless it is authorized by a bylaw of the corporation to do so:
(a) impose or collect deposits pursuant to section 77;
(b) make applications to the Director of Residential Tenancies pursuant to section 80;
(c) collect common expenses from tenants pursuant to section 81.
(2) A bylaw mentioned in subsection (1) may be general or specific in its application.