Housing Co-operatives address a multitude of issues like unpaid housing charges and behavioural issues. If challenges escalate, the Co-operative’s Board of Directors (Board) may issue a Notice to Appear (NTA), which is an invitation to a member to discuss the matter at a meeting with the Board. This step draws from requirements set out in the Co-operative’s Occupancy by-law,

Co-operative Corporations Act and Residential Tenancies Act, serving as the initial internal process before any potential step towards the Landlord and Tenant Board (the LTB).

During the meeting, a Board gives the member a chance to share their side of the story. A Board will also take evidence included with the NTA into consideration – such as ledgers for arrears issues or incident reports for behavioural concerns. A Board has several options to address the situation rather than a strict yes or no on eviction. These approaches aim to balance community needs with member support. A Board has one of four decisions to make while deciding on how to address concerns at an NTA meeting:

1. Eviction

One option is for a Board may decide to terminate a member’s membership and occupancy rights, which involves selecting a termination date. If a member remains in the unit after the termination date, next steps could follow such as steps towards the LTB.

2. Eviction with Suspended Terms

Another option is for a Board to approve an eviction but hold-off on enforcing it, contingent on the member meeting certain requirements. For example, this could include a specific timeline for catching up on payments or improving behaviour. This could be a suitable option where there is potential for change, but a Board requires assurance. A benefit for this approach is that there’s a structured path forward – but it’s only effective if compliance is monitored.

3. No Eviction, but a Performance Agreement

Instead of eviction, a Board could propose a performance agreement which may outline actions which the member agrees to take such as a repayment plan or behavioural adjustments. This could be an option where issues are less serious and the member emphasizes willingness to resolve them. This approach encourages positive outcomes without the need for escalation.

4. No Action Needed

Another option is after review of the matter; a Board might determine that the issue doesn’t require any further steps. This could be due to the fact that the issues at hand are resolved or there’s insufficient evidence to move forward.

No matter the reason for the NTA, a Board should always enter the meeting without predetermination – the process is meant to be equitable for all parties to have a chance to voice their point of view.

We welcome Co-operatives to reach out to us with any questions they have about this process. We would also be pleased to assist with internal process materials.

Want to know more?

Iler Campbell will have a vendor booth at the 2025 Ontario Non-Profit Housing Association Conference, on October 31, 2025, at the Sheraton Centre in Toronto. This year’s theme Housing at the Heart: From Reliance to Resilience couldn’t be more spot-on for the work we’re passionate about. Whether you’re a housing board member, advocate, or familiar face, Safia Lakhani and Hunter Stone will be at the booth to welcome you. Come by, say hello and enjoy a sweet treat!

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