THE MINUTES

I did not attend the All Members Meeting on January 16, 2013, however, I did attempt to read the Minutes.  The Property Manager presented a slide show of the playground build.  The Minutes stated that "monies raised in excess for the playground can be used for beautifying the area".  To date the co-op has not been beautified in any aspect.

The Property Manager facilitated a process called Dotmocracy to determine in which order repairs to the co-op would be done.  The results are as follows:

27  Windows
9    Furnaces
6    By-law review
6    Lighting
3    Snow removal
2    Fences
2    Balconies
2    Potholes
2    Gutters
1    Roofs
1    Drainage
1    Tree Trimming
1    Snow removal (City)
1    Flooring
0    Sheds
0    Siding
0    Outside Taps P2
0    Signage
0    Parking

This is not a professional approach to Long Range Planning.  I suppose members are taking note that perhaps their windows should be changed as was the past President's a few years ago.  If the repairs are implemented as rated in this game, leaking roofs will likely remain leaky until the By-law Review has been completed.

The Property Manager then gave a rambling, completely incomprehensible overview of the budget process.  At one point it was stated that a 'water bill should never be more than $100.00'.  Does that pertain to 2, 3 or 4 bedroom units?  Does it take into account how many people live in unit?  Most water taps are shared between two units.  Installing individual water taps has been an on-going discussion for the 23 years we've lived in this co-op.

The Property Manager stated that the 'Administration schedule went down by $7,000.00'.  What's an Administration schedule?

A Resolution was passed that 'the minimum housing charge for Phase 1 be set to the maximum shelter allowance of Ontario Works or 35% of the household income, whichever is greater.

I suggested that 35% of income for subsidized members in Phase 1 be lowered back down to 30% in line with Phase 2 now that the 3-year semi takeover had ended.   A member piped up that City Living charges 35% of one's income for rent.  That is incorrect - Ottawa Community Housing and City Living both charge 30%.

The Property Manager stated that it is up to the co-op to decide how much to charge subsidized members.  Given that fact, members could inevitably be charged up to 99.9% for subsidized housing.

And with that the Minutes of January 16, 2013 were duly approved and recorded as accurate - for the record.

THE ELECTION

Included in the Annual General Meeting package was the following:

Directors Term of Office

a) Section 90 of the ACT provides the details governing the Term's of Office for Directors:

* The Election of Directors shall take place yearly or at such other interval NOT EXCEEDING FOUR (4) years as is provided by the "Articles", and all Directors then in Office shall "retire", BUT ARE ELIGIBLE FOR RE-ELECTION. (REF: Section 90 (2) of the ACT)

Section 90 (2) of the ACT actually states:

The election of directors shall take place yearly or at such other interval not exceeding five years as is provided by the articles and all the directors then in office shall retire, but are eligible for re-election.

Another inclusion from the Co-op states:

*The "Articles" or By-laws may provide for the election and retirement of Directors in rotation, but in that case no Director shall be elected for a term of more than four (4) years and at least two Directors shall retire from Office in each year. (REF:  Section 90 (4) of the ACT)

Section 90 (4) actually states:

The articles or by-laws may provide for the election and retirement of directors in rotation, but in that case no director shall be elected for a term of more than five years and at least two directors shall retire from office in each year.

If the Co-op is going to quote the Co-operative Corporations Act, then quote it.  Don't make things up.

Another inclusion by the Co-op states:

(b) Any qualified Member of [Co-op] may run or rerun as the case may be, without any mandatory waiting period, as is consistent with the "Volunteer Principles" of the Co-operative Movement and with the Provisions of Section 90 of the ACT.  Refer to ARTICLE 10.00 on the Members' Right to Remove any Director before the end of the Elected Term.

There is no Article 10 in our By-laws.

Article 5.11 TERMINATION OF DIRECTORS states:

(b) The Members may, by resolution  passed by a majority  of votes cast at a general meeting, remove any Director ... 

(c) The Board may remove a director from Office ... 

Article 10 in The Co-operative Corporations Act does not pertain to removal of Directors.

Nominations for the Board of Directors then ensued. 

A Board member who wished to stand for re-election was not present.  The Board member's email messages were read to the membership from a cell phone.  This was indeed very strange - since the inception of the co-op members had to be present, in person, to be eligible for election to the Board of Directors. 

Members were shrilled to silence when the member writing on the flip chart decided to let out a gigantic whistle like the kind I learned to do in Grade 7.  Perhaps this 4-fingers in the mouth method will replace the gavel.  No doubt there's an opportunity for her on the horizon.

A member asked a Board member a question - hadn't she been on the Board for about 6 years?  The Property Manager quickly interjected by saying that the Board member is serving out her two-year term and completely obliterated the fact that this Board member had sat on the Board of Directors for 3 years along with the external Board Members when we were under going our 3-year semi-take over.  In all this Board member will have been on the Board of Directors for 5 straight years by the time her term is over.  No problem though because members can now immediately run for election again.  Prior to this revelation, Board members had to retire for a year before running again.

It's all in how you play the game ...

BY-LAWS 16 - ENACTED - PART II

The second By-law 16 which was adopted is the Parking By-law.  An Officer of sorts, being either the Property Manager or a Director of the Board, will have more authority to ensure that vehicles will be towed if need be.  It was stated at the meeting that this does not entail deputizing the Officer.  How this, in reality, will function remains unclear. 

Although members were told that By-law 16 produced at the All Members Meeting was, in fact, the old by-law, it was not. A new paragraph was added:

5.4 Violators of the By-law will be ticketed and/or towed at owners risk and expense.

 
A preface introducing a new revamped by-law stated that all references to the "Parking Committee" and "Parking Chairperson", shall be changed to "the Co-op". 

In light of the fact that the co-op had already added a new paragraph to the 'old' by-law, they certainly could have made the changes outlined above to the body of the presented by-law. 
 
The Property Manager's position is that members must suffer the consequences if they violate this policy - the STING of fines and towing costs.

This by-law will be selectively applied, both in content and to whom.  I believe that I was the only member to oppose this by-law. 

BY-LAWS 16 - ENACTED - PART 1

Yes, that's right - two By-law No. 16s were enacted last night.  The first one (By-law No. 16) pertains to Feeding Animals and Wildlife and the second one (By-law No. 16) pertains to our Parking By-law.  

The first By-law No. 16 was introduced by our Property Manager.  She stated that the by-law was lifted from another Ontario housing co-op.  That co-op, in turn, snitched part of their by-law from the Arizona State Legislature 2006 13-2927 Unlawful feeding of wildlife: classification.

The Property Manager stated that the co-op was spending lots of money repairing co-op property caused by wild animals, such as damage to front steps, balconies and siding.  Squirrels do not go under front steps.  The problem with gaps under front steps is because asphalt driveways have sunk and will continue to do so.  Groundhogs began to occupy these huge sink holes until the skunks took over.  Chunks of our precast front steps are breaking off due to lack of maintenance, creating ever larger gaps. We could hear squirrels scurrying about in the walls of the unit we used to occupy and it was certainly not due to us feeding them.  Balconies have rotted out.  Squirrels will enter an envelope of a building through any means - they do not cause balconies to rot.

I stated that I strongly opposed this by-law because it would be selectively applied - that it would be highly unlikely that the co-op would fine full-fee members as the co-op needs their money; that subsidized members would be the ones who would be targeted.

One woman had concerns about what proof would be considered valid in violating this by-law.  The Property Manager stated that it was quite alright to take photos of food left out for animals and proof in other ways.  When this was said, there was excited frenzy in the air - members could finally nail the family who were looking after stray cats abandoned by members.

I then stated that people who let their domestic cats roam wild should also be fined as those cats are enticing coyotes into the co-op.  A woman who was ecstatic about fining people who feed stray cats said that there was nothing she could do about her domestic cat who always escapes through an open window.  What is the difference between a stray cat and a wandering domestic cat - both will hunt and sidle up to whoever will feed it.  

The focus though was on targeting one family and one family alone.  To my knowledge I was the only person who opposed the by-law and wanted my name registered as such.

On the way home from the meeting I noted a very unkempt front lawn of a Board member and garbage pails/green bins/blue and black recycling boxes piled up against front doorways of members.  I also continue to hear a member's two dogs constantly barking in the back of my unit.  These eyesores and annoyances must be dealt with in the same manner:

•  Written warning for first offence
•  $25. fine for the second violation
•  $50. for the next violation
•  Notice to appear before the Board of Directors
•  Eviction 

 

BY-LAW NO. 16

Included in the member's package for the Annual General Meeting is By-law No. 16.  It is a revamping of the Parking By-law.  The first sentence states that this By-law will replace the Parking Policy.  It's already a By-law and has been in place since 1990.

The By-law refers to the Parking Committee throughout.

A Resolution with two new clauses preface the old By-law, making them appear to be the only changes.  However, this is not the case. A new paragraph has been added to the old By-law under Article 5 Enforcement:

5.4 Violators of the By-law will be ticketed and/or towed at owners risk and expense.

Passed by the Parking Committee. 

We do not have a Parking Committee.  

The Resolution states:

We resolve that all parts of the Parking By-law that state "Parking Committee and Parking Chairperson shall be changed to "the Co-op" in By-law Number 16 Parking By-law and;

5.5 Violators of the Article 2 of the Parking By-law will be subject to the following:

For the first violation the co-op will issue a written warning.

For the second violation, a fine of $50.00 will be imposed by the Co-op and the vehicle will be towed at the owner's expense.

For the third and subsequent violation(s), a fine of $100.00 will be imposed by the Co-op and the vehicle will be towed at the owner's expense as well as a notice to appear before the Board will be issued.

The enforcer of parking violations will be Property Manager.  For instance:

3.4  Visitor Parking passes will be available from the office or the Parking Committee.  Members must obtain a visitor parking pass for the vehicles belonging to visitors who are staying for more than one night, and all such vehicles so parked must display an identification decal available from the Co-op office.  The member will fill out a request form for their visitor, and give a deposit of $5.00 for the pass.

How can members apply for these parking passes when the office is closed?  This aspect of the Parking By-law was resurrected within the past year.  We have yet to see a parking decal. 
 
There now appears to be more zeal to apply By-law No. 16.  Seeing that we do not have a Parking Committee, the Property Manager will be the one to police the co-op and to whom the fines will be paid.

We will now have fines for violating the DO NOT FEED By-law and the Parking By-law and who does all the power go to?  The Property Manager!

These By-laws will be selectively applied.

THE BUILD

Saturday was build day for the play park.  The V-shaped sliver of land is now quite a bit bigger.  The area is bordered by square timbers built out to the roadway on three sides. 

The main concern, however, still has not been addressed - there are no barriers to protect children from on-coming vehicles.  In addition, speed bumps must be repainted and a sign erected indicating 'Caution Children at Play'.

Playground safety inspections only take into account the construction of the equipment, not the proximity to roadways.  City of Ottawa by-laws only deal with encroachment on other people's property lines.  

A Memorial Garden is also underway at the traffic turning circle.  This has consistently been Dealer's Corner since the inception of this co-op.  It is an unkempt, garbage strewn place in the summer and a snow storage site during the winter months.  A better fit for this forsaken area would be a big rock engraved with the names of co-op evictees - a reminder to all that this is where you might end up.

BE HOME - OR NOT!

Members received a TAKE NOTICE yesterday RE: NOTICE OF ENTRY - SMOKE DETECTOR INSPECTIONS.

It's not that our Property Manager and/or Board of Directors are proficient in these matters; they were reminded that smoke detectors should be inspected annually, so out came another really obnoxious notice:

THIS INSPECTION IS MANDATORY.  If we do not have a key for your unit, a locksmith will be hired to change your locks at your expense and you will be required to make arrangements to pick up a new key.

The 'key' to this warning is not about smoke detectors at all - it is an opportunity to exert power and relish in the for-all-to-see drama!

These inspections will take place on Thursday from 8:30 a.m.-8:00 p.m.  The Annual General Meeting starts at 7:00 p.m. What a quandary - should I stay, or should I go?