Special Resolution (to be passed at general meeting)
A special resolution is needed to adopt the Rules. You have a choice of two forms of special resolution. What you must use depends on your co-op’s original Rules and Memorandum of Association. Every housing co-op must explain what will happen to its property if the co-op winds up or dissolves. This is called a dissolution provision. The Guide to the Co-op Act covers this in chapter 2.3.
Older co-ops have the dissolution provision in their Rules. They must use Resolution 1 (doc). More recent co‑ops have it in their Memorandum. They must use Resolution 2 (doc). A few older co‑ops may have it in both places, in which case, consult CHF BC for correct wording.
When the Board calls a general meeting of the members to adopt the new Rules, it must give members at least 14 days’ notice of the meeting since it involves a special resolution. Attach a copy of the proposed special resolution and the proposed new Rules to the notice of meeting.
After the members have adopted the new Rules, you must register them with the Registrar of Companies. Your new Rules are not yet in effect at this stage.
You can fill out the Form 6 online and print it from the website of the BC Registry Services. Reproduce the resolution adopted by the members word for word on the form. Mail the form and two copies of your new Rules to the Registrar. Include a cheque to cover the filing fee of $70.
Some considerations when transitioning from principal and associate to joint membership.
If you switched to joint membership from principal and associate membership when you updated your Rules, you will need to manage the transition once your Rules have been filed. Review the steps and use the templates below.