Monday, March 9, 2015

ONE STOP SHOP


Proposed Occupancy By-law Excerpt:

 15.2 Legal Actions by Members

 If a member sues the co-op or takes other legal action against the co-op, such as a complaint to the Ontario Human Rights Tribunal, the Board of Directors should report the matter to the members in writing or orally at a members' meeting.  The report can include relevant detail, including relevant personal information of the person who started the action.  The Board does not have to report the matter to the members if it does not believe it would be in the best interests of the co-op to do so.  The Board would normally get legal advice about any disclosure or decision not to disclose.

 15.3  External Complaints

 If a member makes a complaint about the co-op to anyone outside the co-op, or sends anyone outside the co-op a copy of an internal complaint, the Board of Directors is entitled to respond to that complaint to the same persons or organizations.  In doing so it can disclose relevant personal information about the member and the member's household.  Examples include complaints sent to bodies like the Agency for Co-operative Housing, Canada Mortgage and Housing Corporation, a service manager, a government official, a newspaper, the Co-operative Housing Federation of Canada, or a local co-op housing federation.

Intimidating threat - more to come ...
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2 comments:

  1. ChrisMarch 10, 2015 at 9:44 PM

    Some of what they say is legit, but also unnecessary to put in a by-law. If a Member complains to OHRT, files a court proceeding FSCO complaint etc, of course the co-op would have opp to defend themselves.

    That is a far cry tho from trying to extend it as far as they seem to be planning --- esp about media complaints. Thety have to do better than "normally" getting a legal opinion about releasing personal/confidential info about a Member or their household esp if it's totally unrelated to the type of case/action.

    But you're right, smacks of wholesale intimidation. Participatory democracy at a co-op apparently only works when you don't cross BOD or managers. Surprised it doesn't have threats of Cease and Desist Orders or filing lawsuits against offenders.

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  2. Dave M.April 16, 2015 at 3:04 PM

    "...including relevant personal information of the person who started the action..." This could be in violation of Privacy Acts of Ontario and Canada.

    Who decides what "relevant personal information" is? The Board? The person?

    Boards have to understand that they are "stewards" of the co-operative, not governors or 'police'.

    Informing the membership is fine, but personal information is not. It seems that this board considers this sort of info relevant to members, but detailed board minutes and detailed financial information is not.

    They need to read this: http://chrg.ca/the-fiduciary-duty-of-a-housing-co-op-board-of-directors/

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