Durand Village Tenant Association Constitution
(amended to be in compliance with the Ontario Tenant Association Constitution template)
May 29, 2019
1. Name and Location: Durand Village Tenant Association, also known as DVTA
1. 93 Bold Street, Hamilton, Ontario
2. 75 Bold Street, Hamilton, Ontario
3. 90 Duke Street, Hamilton Ontario
2. Date: Approved at the general meeting on this 29 day of May, 2019
by a vote of 31 Yes and -0-No vote. CARRIED.
3. Nature: An unincorporated, not-for-profit organization of tenants for tenants
4. Mission Statement:
a. To improve conditions in your apartment building or other complex buildings on security concerns, disrepair, and to improve communications with management if and where possible.
b. To deal with the landlord as a group in situations of general concern such as:
1. security problems,
2. to dispute above guideline rent increase applications aka AGI,
3. when and if the landlord or their employees or agents are involved in illegal or improper activities,
4. and to fight for proper repair and maintenance of the buildings and units.
c. To educate tenants on their rights and obligations as tenants;
2. To truly have these rights, tenants must know what these rights are and be able to defend these rights.
d. To organize tenants;
1. Usually, if one tenant is having problems, so are other tenants.
2. Organized tenants have the moral support of other members, as well as having more people to document the problems and share the work.
3. It can also be of great benefit to go to government tribunals or court as a group rather than as individuals.
4. It is also much more effective to educate and get feedback from, for example, one group of 10 tenants together, rather than to do so ten times with each individual tenant.
e. To try to encourage member tenants to develop their skills, such as writing and public speaking.
1. People can often have skills that are undiscovered due to lack of experience or opportunity, or due to insecurity or even fear. Developing within people their/an awareness of their abilities can be very empowering within their lives.
2. Those people who become knowledgeable about tenant issues and rights and who have other skills should be encouraged to become more involved as activists, educating others, within our individual rental building and in the community at large, in other social issues, and should they move out of the area to whatever parts of Ontario they move to.
f. To provide information and other assistance to tenants to the best of our abilities based upon our available resources.
g. To lobby governments for policies and laws
1. that truly protect and expand the rights of tenants,
2. as well to make decent affordable housing a basic human right.
3. We may also lobby on issues related to homelessness and poverty, as our resources permit.
h. No group can be effective without introspection,
1. we must at least once a year, at a general meeting,
a. review our directions and activities
b. to ascertain if we have been effectively pursuing our mission
c. and how better to do so.
d. Formation of appropriate subcommittees
5. Methods of carrying out our mission include:
a. Keep long-term records to document
1. the history of this building,
2. and the tenants' disputes with the landlord for the future;
b. Purchasing a copy of the landlord’s incorporation documents to keep on file;
c. Keep copies of tenants' complaints including
1. repair requests
2. lack of maintenance letters,
3. document any history of problems, including pictures if available
d. File applications or disputes with the Ontario Rental Housing Tribunal on behalf of this association when agreed upon by the members;
f. Have meetings of the tenants in addition to the annual general meeting to
1. get members involved and
2. to cover issues of concern
g. Educate tenants on issues around the apartment building and on their tenant rights both
1. through the newsletter
2. and through meetings
h. Encourage other buildings to create tenants’ associations by
1. waiting 12 months after the establishment of this organization, and
2. then filtering two neighbouring rental buildings, and
3. inviting them to a meeting to see how you have organized our tenant’s association.
i. Other activities may be undertaken in the interests of tenants as deemed worthwhile
6. Anti-discrimination Policies:
a. We shall conduct our activities without discrimination because of and embrace and be inclusive of:
1. race,
2. religious beliefs,
3. colour,
4. gender, sexual orientation,
5. ancestry, place of origin,
6. physical or mental disabilities,
7. age, marital status,
8. physical attributes,
9. low or no income or being on government assistance.
b. Consequences: As such, anybody who makes comments contrary to our above policy at any of our meetings will be asked to apologize for such contrary statements and to retract it, or to leave the meeting.
c. Not only do we believe in these anti-discriminatory policies, but, as our resources permit, we will strive to make our group representative of our local tenant community.
d. Meeting location accessibility:
1. In selecting meeting locations, our first priority after the appropriateness of the location
a. seat the number of people we expect and the actual address being local
b. be the accessibility for those members with physical infirmities.
7. Non-partisanship:
a. DVTA, as an organization, may support or contest specific policies, programs, actions, laws or by-laws by any government or political party as we think appropriate
b. but never endorse any party, government or politician.
c. DVTA as a group, represent our members who may have various political affiliations, and so we cannot remain representative of them all if we endorse any political parties or any candidate
d. DVTA can only support or contest their platforms or actions. Paid Members, on the other hand, may do what they wish as individuals, including supporting, working for or endorsing a candidate as long as it does not include any references to this organization.
e. DVTA goal is to improve the lives of tenants and may take up other issues/causes that benefit tenants, the poor and the homeless.
8. Financial:
a. No paid member may receive from us a salary as we are a volunteer-only organization.
b. Paid members shall receive reimbursement for approved expenses;
c. Non-members shall receive reimbursement for approved expenses associated with volunteer events
d. Our fiscal/financial year shall begin on April 1 and end March 31 of each year.
e. As part of the Annual General Meeting for the paid membership, there will be an accounting including a financial statement provided to all paid members, stating all revenues received and where they came from:
1. total from membership dues
2. events
3. Lawyers, engineers, etc.
4. what were the expenses (e.g. photocopying costs, stationary, renting a room, events costs, etc.)
9. Group representatives:
1. Only those who are approved by the Board may claim to represent the organization.
2. In situations where there is insufficient time to take an event or action to the monthly Board meetings, a majority of the organization's executive may do the approval.
10. Guests:
a. It is at the discretion of the Board of the DVTA, what non-members may attend our meetings.
b. Board/steering committee meetings are open to all paid members and invited guests previously approved by the executive or the board.
11. Membership:
a. All members must pay an annual $12.00 per unit membership fee, which may be waived by the Board in circumstances of financial hardship.
b. This annual membership amount may be changed by majority vote of the paid membership.
c. Paid members are required to provide email and phone number. Your privacy is protected by the Federal Privacy Act. Tenant is responsible to request removaldue to vacating.
1. To be eligible to be a member of the DVTA you must be a tenant within the Durand Village Complex
2. Paid members have voting rights & may vote by proxy.
3. Paid members are expected to practice politeness and respect at all times with management and staff
4. Non-paid tenants are considered welcomed guests
a. Do not have voting rights
b. May ask appropriate questions to consider becoming a paid member
c. Benefit of DVTA is restricted to common areas i.e. elevators, hall ways, etc.
5. "Ex Officio" members are from other groups or agencies, who wish to provide their support to the organization.
a. Their membership is at the discretion of the members.
b. They do not have voting privileges as they may at times be in a conflict of interest situation.
c. The purpose of this type of membership, is usually only for area tenant associations, for resource personnel who might be repeatedly invited such as a local tenant lawyer or social worker.
6. Not eligible for membership are:
a. Owners
b. managers of multi-unit residential properties
c. their employees (both full and part-time,)
d. their agents (including those who do contract work for them) and their immediate family.
7. Members may be expelled
a. if they misrepresent themselves as a tenant, when they are an owner or
b. manager of a multi-unit residential property, or
c. a full-time or part-time employee or agent of an owner or manager of a multi-unit residential property.
d. Members may also be expelled for repeated violations
1. of our anti-discrimination policies,
2. for being violent, harassing or threatening violence against other members or guests,
3. for being repeatedly disruptive in meetings to such an extent that the Board has found it necessary to give the person repeated warnings as recorded in this organization's minutes,
4. 2 recorded warnings warrant expulsion
5. for claiming to represent this organization without the authorization of the Board, or
6. for belonging to or working for an organization that works against the best interest of tenants (such as FRPO, GTAA, UDI, etc.,)
7. works or supports landlord rights, or
8. misrepresents itself as a tenant organization.
12. Board:
a. The Board and Executive shall be determined by a vote of the eligible membership at the annual general meeting to be held every year in the month of May.
b. The Board shall be comprised only of voting members of the DVTA and shall not total more than (e.g.10 people) to encourage those who will attend regularly.
c. Meetings of the Board shall be every month.
d. While all paid members may attend Board/steering committees and are encouraged to do so by requesting attendance and the reason for their attendance. They may only vote at the general and annual general meetings of the DVTA.
e. While the Board encourages people to speak up, it does have the right to put time limits on speech at meetings, particularly large ones, to ensure that the agenda items can all be covered.
f. Board members must resign if they have declared their run for a political office.
1. This is to prevent the organization being used for electioneering purposes of any kind.
2. Should that board member lose in a political campaign, they are free to run for the board position again.
13. Executive:
a. The Executive of the DVTA shall be comprised of the:
1. President,
2. Vice-president
3. Treasurer
4. Secretary
5. Second Secretary
6. Technology Specialist
7. Past President(s)
8. Other Executive positions
9. The Executive positions will be filled by voting at the Annual General Meeting.
a. Any vacancies occurring between Annual General meetings will be filled by persons appointed by the Executive Committee within three (3) months of vacancy.
b. Meetings of the Executive shall be every month
c. The Executive are to take care of the day-to-day operations such as banking, keeping minutes, signing letters.
d. At least three executive members must have signing authority over the organization's bank account, and all cheques and transfers of funds from that account must take at least two signatures.
10. Sub-committee chairs are appointed by the Executive Committee and report to the Executive Committee for appropriate term.
11. Advisory Group of paid members to give additional viewpoints.
a. Holds no voting rights at Executive Meetings.
b. Appointed by the board
Duties of the:
b. President shall be:
1. official liaison for other organization or, if unable to attend, may delegate someone in their place
2. ex-officio member of all Executive Committees
3. official spokesperson for the DVTA
4. preside at all meetings, executive and general
5. generally supervisor the affairs of the DVTA
6. prepare the agenda for meetings
7. receive and deal with, common concerns
8. delegate concerns to appropriate sub-committees
9. meet with management on a regular basis
c. Vice President shall be:
1. Assist the President and take over the functions of the president in their absence
2. Be prepared to occasionally take on responsibility of other executive positions
3. Meet with management on a regular basis
4. Take minutes at meetings with management
d. Treasurer shall be:
1. Receive all monies and hold same, subject to the order of the Executive
2. Pay all bills in the same of the DVTA along with another signing officer
3. Be a signing officer with the bank
4. Record all income and expenditures of the DVTA
5. Responsible for preparing reports
6. Be present and available to appointed auditors annually
7. Delivering reports at general and annual meetings
8. Attend executive meetings
e. Recording Secretary shall be:
1. Keeping a correct record of all the proceedings of all meetings, executive and general
2. prepared to sit in on meetings with management and record minutes
3. a signing officer with the bank
f. Second Recording Secretary shall be:
1. Back up to recording secretary
2. Assist recording secretary and take over functions in their absence
3. Send out greeting cards and thank you notes as needed
g. Past President shall be:
1. An advisor to the president when called upon
h. Technology Specialist shall be:
1. Responsible for the blog/website update and maintenance
2. Ensure newsletters and communications from Executive are input on a timely basis
i. Activities Chair shall be:
1. Responsible for arranging for all activities such as book clubs, card clubs, etc.
2. Responsible for ensuring that adequate equipment is available for participation with help of members of subcommittee and participants
3. Make report to the executive and at the general meeting
4. Organize monthly birthday/anniversary/welcome new tenant event
5. Reports to the executive committee monthly
j. Fundraising Chair shall be:
1. In charge of setting up and running events with assistance of subcommittee members
2. Record all income and expenditures
3. Transfer all income and expenditures to Treasurer with report
4. Make report to the executive and at the general meetings and annual general meeting
5. Reports to executive committee monthly
k. Volunteer Chair shall be:
1. Coordinating volunteers for various events as needed
2. Reports to executive committee monthly
14. Meetings and Quorums:
a. Dates, locations and speakers at meetings will all be decided by the Executive Committee.
b. Only in the rare case of an emergency, where there is not enough time to call a Board meeting, can a majority of the executive make these decisions, and then it must be reviewed after-the-fact at the next Board meeting.
c. Quorums for general and annual general meeting: consists of 10 paid members which includes the Executive committee
d. Quorums for executive meetings: consists of one-half of the executive members
Agenda basic outline:
1. Meeting Begins
2. Reading and approving the agenda
3. Review of the previous minutes
4. Approval of minutes
5. Business arising from minutes
6. Reports
7. Correspondence
8. Unfinished business
9. New business
10. Adjournment
15. Annual General Meeting aka AGM:
a. will be open to all paid members.
b. will be held once a year in the month of May
c. The date of the AGM will be decided by a meeting of the Executive.
d. Paid Members must be given at least one week’s notice of the meeting. All reasonable attempts will be made to contact those who are members. For those who do not have telephones, we will leave notes if possible in their mailboxes, or try to contact them by whatever reasonable means.
e. Notice of annual general meeting to be posted on the approved and available bulletin boards
f. Only those members with voting privileges as outlined in item 11, may vote.
g. The agenda shall include:
1. An annual report
2. A financial report
3. Auditor’s report (submitted by 2 appointed paid members who hold no other position on the Executive or Subcommittee)
4. Voting in new Executive Committee (to fill vacancies)
5. The introduction of the new Executives
6. Thanking past Executive Committee for their past service
16. Constitution:
This constitution may be amended at a general meeting of members, with a majority of yes votes.
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