BC judge backs Co-op occupancy rules, denies claim to mother's unit.Vancouver -- A Vancouver women must vacate To annul, set aside, or render void; to surrender possession or occupancy. The term vacate has two common usages in the law. With respect to real property, to vacate the premises means to give up possession of the property and leave the area totally devoid of contents. her deceased mother's co-op housing unit in Vancouver after a Supreme Court of British Columbia The Supreme Court of British Columbia (SCBC) is the superior trial court for the Canadian province of British Columbia. The SCBC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. judge dismissed her petition to stay in the unit, saying the women's human rights had not been violated and the co-op was simply upholding its House Rules or policies. In a bid to remain in the two-bedroom unit in the Pensa Co-operative Housing Association, Elizabeth Hansen petitioned the court to overturn an eviction notice eviction notice n → orden f de desahucio or desalojo (LAM) eviction notice n → préavis m from the coop's Board of Directors, saying she has the right, as a beneficiary of her late mother's interest in the co-op, to continue to occupy the two bedroom residential unit. However, Justice H. A. Slade in his dismissal of Hansen's request said that the coop's rules were consistent with its rights to conduct its business as stipulated in the Cooperative Association Act and her particular type of membership, which did not give her occupancy rights, "was terminated by the Rules, not by the decision of the Directors." He also noted that Hansen must have been aware of the rules and accepted them when she was granted her type of membership in the co-op, including its termination upon her mother's death and the restriction on survivorship survivorship n. the right to receive full title or ownership due to having survived another person. Survivorship is particularly applied to persons owning real property or other assets, such as bank accounts or stocks, in "joint tenancy. provisions. He also found the co-op's occupancy requirement that a two bedroom residential unit be minimally occupied by one adult and one child is "within the power of the directors." It also reflects the standards established by the Canada Mortgage and Housing Corporation Canada Mortgage and Housing Corporation (CMHC) is a Canadian government agency. The agency is responsible for the housing industry in Canada. Its main duty is currently to ensure low cost mortgage loans are available to Canadians by providing insurance to lenders in case of , that holds the co-op's mortgage. As to Hansen's contention that the co-op discriminated against her in refusing to transfer her mother's interest in membership in the co-op and denying her occupancy of her mother's unit, Justice Slade said the co-op's refusal was, indeed, based on her family status as outlined in the B.C.'s Human Rights Code, but the co-op met the Code's requirement for a reasonable and bona fide [Latin, In good faith.] Honest; genuine; actual; authentic; acting without the intention of defrauding. A bona fide purchaser is one who purchases property for a valuable consideration that is inducement for entering into a contract and without suspicion of being justification with its rules governing the unfettered right of survivorship The power of the successor or successors of a deceased individual to acquire the property of that individual upon his or her death; a distinguishing feature of Joint Tenancy. for a deceased member's spouse and by its minimum occupancy rule. |
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