Legal Articles

Some Peevish Thoughts on Housing Co-operatives [1990]
This article raises many of the recurring problems of housing co-ops, mainly discrimination and evictions based on trivial grounds. Minorities, particularly single mothers, are at a higher risk of facing discrimination in a co-op. The author is the director of the Nipissing Community Legal Clinic in North Bay, ON.

Deference vs Security of Tenure – Eviction of Residents [2009]
This article shows how little protection there is against unfair eviction in a co-op. A lot of court cases have favoured the board of directors, instead of protecting the residents. In Ontario courts, housing co-ops are viewed as private social clubs when they should instead be treated as “contracted government-funded social service providers.” The author is the director of Neighbourhood Legal Services in London, ON.

No Rights No Review [2009]
In British Columbia, co-op boards have taken advantage of a loophole in the provincial "Cooperative Associations Act." This Act doesn't protect against terminating a member's "occupancy agreement" which effectively allows for arbitrary eviction. This loophole is called the “Deemed Withdrawal Rule” and was supported by the Cooperative Housing Federation of B.C. (CHFBC). The authors are Vancouver lawyers.