Ontario non-profit housing co-operatives may review CHF Canada 2023 Model Organizational By-Law that may be approved by member co-op board of directors, and adopted by the general membership without or with modifications/amendments.
Ken Hummel, Member, Athol Green Co-operative Homes Inc. reviewed CHF Canada's proposed 2023 Model Organizational By-Law, and submitted recommendations to modify/amend some articles, sections, and schedules from this By-Law to the Office Coordinator, and Board of Directors...for consideration at the Co-op.
PREVIEW:
Recommendation to modify/amend Schedule A: Rules of Order. These are the rules of order for members' meetings. Delete: These rules replace any other rules such as Robert's Rules of Order. Add: Rules of Order are Robert's Rules of Order (RONR or Robert's Rules) for member's meetings.
Comment: Robert's Rules is the recognized guide to smooth, orderly, and fairly conducted meetings, referred to as Parliamentary Law and Procedures developed through a continuing process of decisions and precedents similar like the growth of English Common Law.
Recommendation to modify/amend combined Confidentiality and Conflict of Interest Agreements that these agreements be severed into two separate agreements.
CONCLUSIONS:
In my opinion, some 2023 Model Organizational By-Law, Articles, and Sections contravene Law.
In my opinion, this By-Law in part, provides CHF Canada, CHFT, and some Co-op Sector business partners' opportunities to profit from the Co-op that some may view as 'underhanded'.
In my view, much of the democratic process with the General Membership, and members' participation or involvement at meetings of members' has been removed by some 2023 Model Organizational By-law, Articles and Sections that in my opinion contravene Law.
In my view, reports, documents, and parts of meeting minutes will be removed from membership view.
In my opinion, Conflict of Interest Guidelines appear weak that may subject the Co-op to profiteering.
In my view, the Co-op, and membership appear to be at higher risk to malfeasance.
In my view, not allowing members to record meetings of members places them at greater risk to abuse of their lawful rights to speak about the motion record and information on discussion, make inquires including audit, and subjects members' to other types of abuse because they may not have proof of being abused or not being respected.
Part 2 of my review of 2023 Model Organizational By-Law under Schedule A: "The chair does not have to resign if an appeal is supported by majority of members." In my opinion, this can give some credibility about written claims of abuse and the disrespect Ken Hummel been subjected by CHFT since 2017, and prior by other paid externally supplied meeting chairperson's or some former Co-op manager's that have facilitated Co-op membership meetings since 1999.
Comment: Ken Hummel personally find these parts of CHF Canada's By-Law particularly repugnant, and their audacity or unmitigated gall not to allow the meeting chair to be removed from the position of meeting chairperson.
The 2023 Model Organizational By-Law under Article 17.2 the board of directors, and committees can appoint members to a committee without their consent, placing members' at greater risk to abuse by the board of directors and the committees they oversee. In my view, this amounts to forced participation or labour and services without any monitory compensation or gift card voluntary recognition perhaps for most, except for the chosen few.
"Confidentiality"
Article 17.3 All committee members must sign a Confidentiality and Conflict of Interest Agreement. AND Schedule B: Confidentiality and Conflict of Interest Agreement. directors, officers, committee members or Co-op staff members required to sign agreements.
In Ken's opinion, the purpose of having all aforementioned above sign confidentiality agreements is to silence everyone from speaking out against illegal acts or malfeasance (criminal acts)...that may occur at the Co-op. Ken is strongly opposed to signing any "confidentiality agreement" and this explains why Ken refuses to serve on the board of directors or executive committee at the Co-op.
In my view, CHF Canada communicate about how to give added value to their member housing co-operatives, but it appears this translates into less member democratic control, less transparency in governance and management, and less accountability for Co-op directors, and officers at their Ontario members housing co-ops.
If CHF Canada worked towards **accountability** they would see their most valuable yearly income source "Annual Co-op Membership dues" revenue start to evaporate, as housing co-ops decide to cancel membership with CHF Canada, and Co-operative Housing Federation of Toronto.
In my view, arbitrary decisions made are unrestrained and autocratic in the use of authority under 2023 Model Organizational By-Law, but may in appearance to some as resembling a 'Communist Community' at the Co-op.
In my view, CHF Canada 2023 Model Organizational By-Law, in part, personifies what I have referred to as a fraud and illegal acts friendly culture in the non-profit co-operative housing sector in Canada for over some 20 years.
Part 1 - Recommended modifications of articles, and sections of proposed CHF Canada's 2023 Model Organizational By-Law about the governance of Ontario housing co-ops can be viewed as a PDF.
CLICK LINK HERE: Model By-Law Part 1
Part 2 - Recommended modifications of schedules of proposed CHF Canada 2023 Model Organizational By-Law about the governance of Ontario housing co-ops can be viewed as a PDF.
CLICK LINK HERE: Model By-Law Part 2
Supplemental Review: CHF Canada 2023 Model Organizational By-Law, Article 8: Board Elections: CCF20250218.pdf
Note: Robert's Rules of Order Newly Revised 12th. Edition, and other online resources referencing Robert's Rules was used in part for some recommended modifications/amendments, and comments about the CHF Canada 2023 Model Organizational By-Law.
Background on CHF Canada 2017 Model Organizational By-Law about the governance of Ontario housing co-ops:
Ken Hummel's letter dated January 31, 2018: CCF20180131
Athol Green Co-op Organizational By-Law No. 2017-02: athol_green_co-op_by-law_2017-02
Information may be added, revised or deleted without notification
Ken Hummel, Administrator, CHIE
In Ken's opinion, it's important to emphasize that CHF Canada 2023 Model Organizational By-Law "Confidentiality Agreements" may encourage or can be viewed as an 'enabler of illegal acts or malfeasance (criminal acts) with the intent of keeping illegal acts or malfeasance as **internal confidential information** at the housing co-op, prohibiting this information from being disclosed outside the Co-op. In Ken's view, the intent of this agreement is to silence Co-op members' from speaking out against illegal acts or malfeasance that may prevent members' from defending themselves or others, against those who commit or are complicit with illegal acts or malfeasance at the Co-op.
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