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SS Houses with a Secondary Suite

SS · Cooperatives Act

Part 18 — Specific Cooperatives Division 1 Housing Cooperatives

396 Termination procedure

Current to 2023-12-07 · Official PDF

(1) Notwithstanding section 38(1) but subject to any other
procedure specified in the bylaws, if the directors of a non-profit
continuing housing cooperative propose to terminate the
membership of a member pursuant to section 395, the directors
must do so by a resolution passed by a vote of at least 3/4 of the
directors at a meeting of the board of directors called for the
purpose of considering the resolution.
(2) Notwithstanding section 38(3) but subject to section 398, the
board of directors of the cooperative must give a member whose
membership may be terminated pursuant to a proposed resolution
under subsection (1), in writing at least 14 days before the meeting
at which the resolution is to be considered, a notice that contains
(a) the resolution to be co nsidered at the meeting,

(b) a statement of the grounds for termination of the
membership, and
(c) a statement of the right of appeal of the member from a
resolution passed pursuant to subsection (1) or, in a case
where section 398 applies, a statement that there is no right
of appeal of the member from a resolution passed pursuant
to subsection (1).
(3) In the case of a notice given in relation to a termination for the
matters listed in section 395, the cooperative may not withdraw the
notice to the member after the notice has been given.
(4) A member may appear personally or by agent or counsel to
make submissions at the meeting referred to in subsection (2).
(5) The cooperative must give written notice to the member whose
membership is terminated within 7 days of the resolution passed
pursuant to subsection (1).