[lbo-talk] coops

Gar Lipow the.typo.boy at gmail.com
Sat Oct 21 22:08:58 PDT 2006


On 10/21/06, Wojtek Sokolowski <swsokolowski at yahoo.com> wrote:
>
> To summarize, the fact that landlords often abuse
> tenants is not a good reason for altogether abandoning
> the principle of sanctions against tenants in a coop.
> There are not only some bad landlords, but also some
> bad tenants. Coops may eliminate the former, but not
> the lattter. Therefore, ther must be a due process
> that protecs the coop agains such bad tenants/members,
> including expulsion, if necessary.
>
> Wojtek

I think you misunderstand what Bill said:


>In our circumstances, expulsion is completely inappropriate. My
co-operative has most of the usual legal remedies available to a landlord, including eviction. The law here does permit a tenant to be evicted for egregious anti-social behaviour.


>Of course we would have to be in a position to defend our actions in
court if the tenant resisted. In fact we have come up against this issue a couple of times, and the co-op has had to issue warnings.


>But the expulsion remedy would be a way of avoiding the usual legal
protections available to a tenant, thus depriving a tenant of the minimum legal rights that even a slum landlord must respect. Since the co-operative's aims are to improve the security of its tenants, rather than erode them, it is necessary in my view to completely disavow the expulsion loophole. So that's what this co-op has done, right from the start.

In other words the co-op retains the legal right to evict members on the usual grounds which landlords may use to evect tenants. (Though I would presume it would excercise those rights more reluctantly than your average landlord.) By not including "explusion", the co-op avoids adding a special process by which members may be evicted via a special contractually added process in which members have less protection (in practice) than a tenant normally has from a normal landlord. In other words it simply relies on the normal Australian landlord-tenant law rather than adding a special kangaroo court inside the co-op.



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