A housing co‑operative applied under s. 171.13 of the Co‑operative Corporations Act for orders terminating a member’s membership and occupancy rights, issuing a writ of possession, and requiring payment of arrears of housing charges.
The member, a long‑time resident who became the sole occupant of a two‑bedroom unit after her mother moved out, had fallen into arrears while attempting to secure a subsidy or transfer to a smaller unit.
The court reviewed the co‑operative board’s eviction decision and found that, although procedures were followed, the decision was unreasonable given the unique circumstances and the member’s catch‑22 situation created by the co‑operative’s policies on transfers, arrears, and occupancy requirements.
Alternatively, the court held that granting eviction would be unfair under s. 171.21 of the Act.
The court declined to issue a writ of possession or terminate membership but noted that substantial arrears remained and invited further submissions on appropriate terms for payment and housing arrangements.
