Co-Operative Housing Rights & Responsibilities in PEI

In Prince Edward Island, co-operative housing offers tenants a unique living arrangement where they are also members with a voice in how their community is run. Understanding your rights and responsibilities as a co-op member is essential, whether you're considering joining or are already part of a PEI housing co-op.

What Is Co-Operative Housing?

Co-operative housing is a form of non-profit housing run by its residents. Instead of being traditional tenants, residents are members who help govern and maintain the property together. In PEI, co-ops are incorporated under the Co-operative Associations Act and must also follow relevant tenancy laws, such as the Residential Tenancies Act (PEI)¹.

Your Rights as a Co-Op Member in PEI

• Security of Tenure: You can only be evicted for specific reasons allowed by law and the co-op’s bylaws.
• Participation: You have the right to vote on major decisions, including electing the board, budgeting, and rules.
• Fair Housing: Discrimination in membership is not allowed. All applications must be treated equally.
• Notice of Meetings: The co-op must give proper written notice before key meetings or changes to rules.
• Right to Appeal: You can appeal decisions, including eviction or membership termination, through internal processes and, if necessary, the provincial Residential Tenancy Office.

Your legal rights are further protected under the Tenant Rights and Landlord Rights in Prince Edward Island page.

Member Responsibilities in Prince Edward Island Co-Ops

• Paying housing charges (like rent) on time and in full
• Following your co-op's bylaws, policies, and membership agreement
• Participating in meetings and community decisions where possible
• Maintaining your unit in good condition, handling minor repairs, and reporting issues to the board or maintenance committee
• Respecting neighbours and the community rules

Many co-ops expect members to volunteer for shared responsibilities such as cleaning common areas or helping with events. This helps keep costs down and builds a positive community environment.

Dispute Resolution and Evictions in Co-Op Housing

Sometimes issues arise—like conflicts between members, disagreements about rules, or concerns over maintenance. Most PEI co-ops have internal resolution processes such as member meetings or mediation committees. Still, the Residential Tenancy Office (PEI’s official tribunal for tenants and landlords) also oversees disputes where member housing rights are concerned.

• If you receive a notice about a rule violation or eviction, don't ignore it. PEI law requires specific procedures be followed, with written notice and a chance to respond.
• Members can formally challenge eviction or termination decisions with the Residential Tenancy Office. See the steps below for more details.

Applying to the Residential Tenancy Office

The Residential Tenancy Office is responsible for settling tenancy disputes, including those in co-op housing. Members can complete the “Application to Director” form to request a hearing—for example, to challenge an eviction or dispute maintenance issues.
Official Form: Application to Director (Form 2).

• When to use: When you disagree with a notice of eviction, termination of membership, or other significant decision affecting your housing.
• How to use it: Complete Form 2, outlining your dispute, and submit it to the Residential Tenancy Office. Be sure to include supporting documents, such as meeting minutes or written notices.

Co-Op Fees, Deposits, and Rent-Like Payments

Co-op members generally pay monthly “housing charges” instead of traditional rent. These are set by the members and cover maintenance, utilities, and insurance. Some co-ops require a membership share or deposit, which may be refundable when you leave the co-op, provided all obligations are met. For more information about deposits in housing, see Understanding Rental Deposits: What Tenants Need to Know.

Property Maintenance and Repairs

Co-ops must keep the premises safe and well-maintained under the Residential Tenancies Act (PEI). Report issues like leaks, pests, or unsafe conditions promptly to the board or maintenance committee.

For a general overview about shared responsibilities in rentals, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

How to Join or Leave a Co-Op in PEI

To join, you typically apply to the co-op board and may attend an information session. If accepted, you'll be given the co-op bylaws, membership agreement, and details about community participation. Leaving a co-op usually involves giving written notice, returning keys, and arranging a move-out inspection.

Other Considerations

• Always get and keep copies of co-op bylaws and your membership agreement.
• Expect and participate in regular meetings and annual general assemblies.
• If you move out, ensure all financial and volunteer obligations are settled to receive your deposit back (if applicable).

For resources to help with finding new rental opportunities in Canada, you can Find rental homes across Canada on Houseme.

Frequently Asked Questions

1. What makes co-operative housing different from regular renting?
   In a co-op, members act as both tenants and community owners, voting on decisions, managing budgets, and participating in policy-making. In traditional renting, tenants have no such governance role.
2. Can I be evicted from a co-op in PEI, and what rules apply?
   Yes, but evictions follow both co-op bylaws and the Residential Tenancies Act. You'll receive written notice and have a right to appeal.
3. What should I do if I have a dispute with my co-op's board or another member?
   Start by following the co-op’s internal dispute process (mediation, board meetings). If issues aren't resolved, you can apply to the Residential Tenancy Office for a hearing.
4. Are deposits in co-op housing refundable?
   Often yes, if you fulfill all obligations and provide proper notice. Check your membership agreement and co-op policies.
5. Where can I get more details about tenant rights in Prince Edward Island?
   Visit Tenant Rights and Landlord Rights in Prince Edward Island for provincial legislation and support options.

Conclusion: Key Takeaways

• Co-operative housing members in PEI have strong rights to participation and fair treatment, with clear responsibilities to their community.
• Disputes are addressed first within the co-op, then through the Residential Tenancy Office as needed.
• Always review co-op documents, stay informed about PEI tenancy laws, and seek help if your rights are in question.

Need Help? Resources for Tenants

• Residential Tenancy Office (PEI) – Information, forms, dispute resolution, and hearings
• Application to Director (Form 2) – To dispute eviction or housing decisions
• PEI Tenant Support Centre – Advocacy and help for tenants/members
• Co-operative Housing Federation of Canada - Atlantic Region – Co-op housing guidance and advocacy
• Read about your province’s rules at Tenant Rights and Landlord Rights in Prince Edward Island.

---

1. Prince Edward Island, Residential Tenancies Act (official link)
2. PEI Government, Residential Tenancy Office
3. PEI Government, Application to Director (Form 2)
4. PEI Government, Co-operative Associations Act

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy