Sample Membership and Occupancy Contract
Membership and Occupancy Contract
This contract is made between the Inter-Cooperative Council at the University of Michigan (ICC) and ICC Member Name (referred hereafter as I, me, or member).
I will reside in the ICC from: Lease start date to Lease end date
SECTION ONE: PREMISE AND CONTRACT CONDITIONS
I will be a rooming and boarding member at ICC House, street address, Ann, Arbor, Michigan, 48104 for the dates shown above.
I may take possession of the Premises only after I pay all of my shares and first month’s charges and provide proof of my student status, or have been approved into my house as a non-student. This contract is only valid for members of the ICC. I, together with all other members of the house, am primarily responsible for effective management of the house services. If any material information I provide is untrue or misleading, I will be in default under this contract.
This contract is the parties’ entire agreement, except for addenda, Bylaws, and Standing Rules, and they enter it voluntarily. There are no other agreements that are part of this contract unless specifically enumerated herein. My application to contract is incorporated herein, and I covenant that the information supplied in that application was and continues to be accurate. This contract may be amended in writing only, signed by all parties.
A court ruling that some or all of a clause of this contract is invalid shall not invalidate any other clauses of the contract.
Under this contract, I have the same rights and protections as do citizens under the Constitutions of the United States and the State of Michigan. The ICC establishes standards for membership and, while falling within the limits of the law, they may exceed federal, state, local, or academic requirements. Certain forms of uncooperative behavior described in this contract may also be violations of law. I may be accountable to the legal system and the ICC if I exhibit uncooperative behavior. The ICC’s dispute resolution processes are internal organizational processes of the ICC and are not subject to the same rules as civil or criminal proceedings.
Unless I am released from this contract as allowed below, I will be responsible for all charges for the entire term of this contract, even if I never occupy the Premises or if I am in default. Once this contract is signed, no individual can give me permission to terminate, modify, or amend it. This contract may not be bought, sold, nor sublet. If I wish to be released from this contract, I must: (a) find a suitable replacement, (b) buy out of this contract, or (c) be released by the ICC Contract Release Committee. The Contract Release Committee may approve my release from some or all of this contract. Substantial and definitive supporting documentation is always required.
If I have occupied the Premises for more than thirteen (13) months, I may terminate this contract upon sixty (60) days written notice to the ICC if: (a) I become eligible during the term to take possession of a subsidized rental unit in senior citizen housing and provide the ICC with written proof thereof, or (b): I become incapable during the term of living independently, as certified by a physician in a notarized statement.
If I execute this agreement while in military service or if I enter military service after this agreement has been executed by me and thereafter receive military orders for a permanent change of station or to deploy with a military unit for a period of not less than 90 days, I also may terminate this agreement at any time after my entry into military service or the date of my military orders described in paragraph (1)(B) or (2)(B) of subsection (b) of Section 305 of the Service members Civil Relief Act, being 50 USC App 535, Sec 305 et seq.
SECTION TWO: STUDENT STATUS AND NON-STUDENT APPROVAL TERMS
I certify that during the term of this contract I will be at least one of the following:
- A graduate student officially recognized by my department as an active participant in my program (If requested, I must provide proof of my student status),
- An undergraduate student, enrolled at least half time, in an accredited educational institution, or
- A visiting scholar or participant in a special academic program determined eligible by the ICC Operations Committee (Global Reach, UROP, ICPSR, etc.).
or, I have obtained approval from ICC House to be a member of that house.
If I become a non-student and wish to remain in my house during the term of this contract I must obtain non-student approval from my house within fourteen days of becoming a non-student, or the term of this contract may be voided at the discretion of the ICC on or after the fifteenth day after I become a non-student. Written house approval must be submitted by my House President to the ICC housing staff prior to validation of this or any successive contract, so long as I remain a non-student. If I become a non-student and wish to leave the ICC, I am still obligated to pay until I am released or replaced.
SECTION THREE: ICC MEMBERSHIP
The ICC is a non-profit cooperative membership corporation that educates members on the principles, practices, and philosophy of cooperation by providing housing and other services for college-level students and by giving members the opportunity to manage their house and the organization. The purpose of membership in a cooperative (co-op) such as the ICC is to support the goals of the organization, not to make a profit on the shares. The member-owners of the ICC envision an affordable living community in which equal and educated members work together to further the cooperative movement.
I agree to become a member of the ICC by purchasing 50 member shares for $500-refundable, receipt of which is hereby acknowledged. I agree to pay a one time, non-refundable Membership Fee of $100, receipt of which is hereby acknowledged.
My shares constitute an ownership investment in the ICC as defined by the Cooperative Law of the State of Michigan and give me the rights and responsibilities of a member-owner of the ICC. They never shall be construed as payment of charges. I am not entitled to any interest on them, but the ICC may place Member Shares in an interest-bearing account with interest accruing to the ICC.
Deductions from Member Shares may be made for physical damages to the Premises (normal wear and tear excepted), all repair, maintenance, and cleaning costs incurred for services and supplies required to return the Premises (both house and yard) to as good a condition as when I received them (normal wear and tear excepted), any outstanding amounts I owe to the ICC. I will not withhold the last month’s charges or any part of them on grounds that the Member Shares serve as security for the unpaid charges.
After I leave the ICC, shares and accounting will be returned to me (unless notified otherwise) by October 31 (for preceding Fall/Winter contracts), by March 31 (for preceding Spring/Summer contracts), or within three weeks of the last day of my contract (for non-standard contracts that required refundable shares). Shares will be mailed to the most recent forwarding address I have furnished. Share return checks not cashed within 5 years of the date sent out shall be considered a donation to the Scholarship Endowment Fund. Early Share Returns may be available to members leaving the country and members with non-standard contacts. No rebates will be given or assessments charged to members who receive early share return checks.
I will be bound by the ICC’s Standing Rules, cooperative principles, Bylaws, house constitutions, committee policies, addenda, and procedures currently in place. These documents are part of this agreement, and are available to me at www.icc.coop or at the ICC central office. This agreement may be amended only in writing, signed by both parties.
I will live and work in the ICC in a manner that supports the successful functioning of cooperative operations and governance and that contributes to the general well-being of members and the ICC. Cooperative behavior embodies and reflects the core ICC Principles of Cooperation: Equality, Member Control, Individual Responsibility, Sustainability, Cooperation, Self-Reliance, Diversity, Community, Unity, Participation, and Stewardship.
I have one membership vote at the organizational level, regardless of the number of shares I hold. I also have one vote within my household on house business.
Each house is represented by its elected Board Representative on the ICC’s Board of Directors. The Board makes decisions for the entire ICC. All Board meetings are open and all members are encouraged to attend.
Members may bring an issue to ICC-wide referendum or call a special membership meeting, according to procedures outlined in the ICC Standing Rules.
By signing this contract, I accept all the rights and responsibilities of membership in the ICC housing and social community (see chart at end of contract). As part of the ICC community, I am responsible for upholding shared values, policies, and procedures of the ICC. The ICC considers its rules, policies, and procedures to be a part of its educational mission and is committed to processes which provide peer review, mediation, and/or legal remedies.
REFERRAL AND EXPULSION:
Uncooperative behavior is behavior which impedes or obstructs the successful functioning of cooperative operations and governance. I may be subject to referral or expulsion for uncooperative behavior in accordance with ICC Standing Rules and my House Constitution if I do not live up to the responsibilities of this contract or make it unreasonably difficult for other people to live with me.
Referral is a temporary probationary process intended to provide an incentive for members to improve uncooperative conduct and to compensate any loss or damages caused by uncooperative behavior. It may result in a variety of agreements, remedies, or sanctions that must be satisfied to restore me to good standing. If I am placed on referral, all future contracts I have signed with the ICC are automatically voided. While on referral, house approval is required to place a hold on a space or to sign a future contract. The house or body which placed me on referral must be consulted and have an opportunity to address the future house about terms of my referral.
Expulsion is the complete termination of a person’s membership in the ICC. Any member with a current contract, or within 90 days of the end of their last contract, may be considered for expulsion.
If I am expelled, (a) Any and all ICC membership contracts I have signed are a automatically voided, (b) I immediately surrender all the rights and responsibilities of membership in the ICC including, but not limited to living or boarding in an ICC house and use of any and all house amenities and facilities, (c) I may not be reinstated as member of the ICC, and I will be considered a trespasser if I continue to reside on or visit an ICC property, (d) I am still responsible for my contract and all charges until I am released by the ICC.
Grounds for Referral and Expulsion include: failure to do work; failure to pay charges; abuse of community or ICC property; infringement on the privacy and/or property of others; actions which threaten the health, safety or welfare of co-op members, staff, or guests; prejudicial behavior; sexual harassment; uncooperative behavior; and violations of ICC Standing Rules, policies, procedures, or house constitutions.
SECTION FOUR: MEMBER CHARGES AND MEMBER ACCOUNTS:
I will pay monthly ICC and House charges, in the amount determined by the ICC and house budgets, by the 1st day of each calendar month during the term of this contract, using the ICC’s online payment system. The ICC may terminate this contract if I am chronically late in paying ICC and house charges. Chronic late payment means failing to pay ICC and House charges by the fifth of the month for which they are due on three or more occasions during this contract. The ICC may void any future contract(s) I have signed if I owe $250 or greater to the ICC or any ICC house at the end of this contract. I will be notified in writing if my future contract will be voided. For purposes of judicially enforcing this contract, all “charges” are defined as “rent.”
I understand that I and all ICC members are collectively responsible for all ICC expenses. I acknowledge that online payments are the preferred method for paying my charges. Payments must be made in US funds drawn on a US financial institution. In special circumstances, arrangements can be made with the finance office for payments in the form of money orders, cashier’s checks, or traveler’s checks. Non-electronic payments may be made at the ICC office at the front desk during business hours. The ICC does not accept personal checks or cash.
I will owe a $15 late fee if I pay after the 5th of the month. I will owe additional fees if I owe over $250 on the 15th of the month and I have received a demand for possession or Notice to Quit from the ICC. I will owe the ICC $15 for any check to the ICC that is dishonored.
If the Premises are not ready on the date this contract commences, the sole damage for which the ICC shall be liable to me is the full abatement of my prorated ICC and House charges from the date this contract commences to the date the Premises are ready for occupancy, which date is at the ICC’s exclusive determination.
The ICC may contract with someone else for my space if: (a) I inform the ICC office in writing that I will not be moving in, or (b) I fail to occupy the Premises by the second day of University of Michigan classes and have not notified the ICC office in writing of late arrival by that day.
Holding over beyond the end of the contract is strictly prohibited. All members must vacate the Premises by the last day of this contract period. The ICC is not liable for a former member’s failure to vacate beyond making a good faith effort to gain compliance. Failure of the previous occupant to vacate does not void this contract. I understand that if I hold over beyond the expiration date of this contract, I will be fined $100, and I will be charged the daily amount of my ICC and house charges. I shall also be responsible for any additional costs and damages incurred by the ICC caused by my failure to vacate in a timely fashion, including any reasonable attorney fees.
SECTION FIVE: MEMBER MAINTENANCE OF PREMISES
The ICC shall retain a key to the Premises throughout the contract. I will not change or add locks without the ICC’s prior written consent, and I shall immediately provide the ICC with a key and/or combination to any new lock or combination if locks or combinations are changed. I will not disclose door combinations to, nor give keys to non-house members. Keys shall be returned to the house president or keyholder at the end of the contract term. Violation of any part of this clause may result in referral, expulsion, eviction, and assessments for damages caused by the violation.
The ICC or its agents may enter the Premises in an emergency or to perform repairs, maintenance, code inspections, appraisals, insurance inspections, to show the Premises to prospective mortgages or members, and for other purposes reasonably related to the operation of the building. Except during an actual or apparent emergency, all entries shall be made during reasonable hours, and the ICC shall make reasonable efforts to provide me with 24 hours’ notice of its intention to enter.
I accept my co-op house in its present condition, agree to take good care of the Premises, and will make only those alterations, additions, repairs, or improvements allowed by ICC Standing Rules, ICC policies, and my house constitution. I will keep the Premises (both house and yard) in a neat and orderly condition. I will use and maintain the premises in accordance with applicable police, sanitary, and all other regulations imposed by governmental authorities. I will observe all reasonable regulations and requirements of underwriters concerning use and condition of the Premises tending to reduce fire hazard and insurance rates. I may be charged for damage I cause to the premises.
If the Premises become wholly uninhabitable because of fire or other casualty, the ICC may cancel this contract by notifying me in writing, and I will surrender the premises to the ICC. If for the same reasons the Premises become partially uninhabitable or wholly uninhabitable without the ICC canceling the contract, the ICC shall repair the Premises with reasonable speed. From the date of the casualty until repairs are substantially completed, all charges shall abate in the same percentage that the Premises are uninhabitable, unless the uninhabitability is caused by my negligence or intentional misconduct or by the negligence or intentional misconduct of my family, occupants, employees, guests, invitees, agents, or anyone on the premises by reason of association with me, in which case charges shall not abate.
I shall comply with all applicable laws and ordinances, use the Premises for residential purposes only, and refrain from all conduct that unreasonably disturbs other members, neighbors of the building or the ICC. No intrusive business or jobs of any sort shall be located in or conducted from the premises. I am entitled to the quiet enjoyment of the premises throughout this contract so long as I comply with its covenants.
I agree for myself, my heirs, and personal representatives, to hold the ICC harmless from all damages, including damages to the premises and structure of which they are a part; all lost charges for use of the Premises and structure of which they are a part; and all liability that results from my negligent or illegal use of the premises and from my intentional misuse of them, including common areas of the house.
The ICC and its agents are not responsible for theft, damage, loss, or destruction of personal property belonging to me, my guests, or invitees, from any cause, including acts or omissions of third parties, unless caused by ICC’s failure to perform or negligent performance of a duty imposed by law. I am hereby notified that the ICC’s insurance does not insure me against loss of personal property on the Premises due to fire, theft, vandalism or other causes. The ICC recommends that all members obtain renter’s insurance to protect their possessions. Renter’s insurance is mandatory for owners of dogs. I shall pay for the loss of all house and membership charges from other members, repair of all damage to the Premises and structure of which they are a part, including fire and flood damage, caused by me, my guests, my pets, or invitees.
Within seven (7) days after taking possession of my room, I will complete an online room inventory checklist and return it to the office. I will abide by house and ICC rules regarding damage and the painting and repair of vacated rooms. I accept responsibility for damage caused by me, my personal guests, or by pets belonging to me. At the end of this contract term, I will leave the Premises reasonably clean, as specified by house and ICC standards. Early surrender of the Premises, including surrender accepted in writing, does not extinguish any of my obligations to perform under this lease, including for damage beyond normal wear and tear.
I will perform a reasonable share of whatever work is needed to keep the house and boarding co-op clean, repaired, and running properly. This includes: (a) working on a regular weekly schedule, (b) taking part in special projects, such as “work holiday”, (c) attending house meetings, and (d) for new members, participating in a mandatory ICC Orientation. Not completing these requirements may result in fines, referral, expulsion, or eviction.
Unless otherwise noted in the Standing Rules, all firearms, ammunition, explosives, and water beds are prohibited on ICC-owned property. Motorcycles are not allowed inside any ICC house.
If during this contract, the ICC believes in good faith that I have abandoned the Premises and current charges are unpaid, the ICC may enter the Premises and remove my remaining possessions without liability therefore. Abandonment is conclusively presumed if charges are unpaid for fifteen days following the due date and (1) a substantial portion of my possessions have been removed or (2) my acquaintances or other reliable sources indicate to the ICC that I have left without intending to re-occupy the Premises. If I abandon or surrender the Premises at anytime and leave personal property here, the ICC may dispose of it however the ICC chooses, without recourse by me. I shall reimburse the ICC for all costs incurred in that regard. I also give the ICC the right to use my Member Shares to cover any expenses incurred to dispose of my personal property.
The parties agree to make a reasonable and good faith effort to settle any disputes through mediation. This provision does not preclude other legal rights of the parties.
City ordinance requires landlords to furnish to tenants, prior to executing a lease, a copy of the Rights and Duties of Tenants. My signature on this contract acknowledges that I have been given a copy of the Rights and Duties of Tenants.
University of Michigan Off-Campus Mediation Clause: If communication between the member(s) and Landlord (ICC) breaks down, a mediator can assist the parties in voluntarily reaching a mutually acceptable settlement of the issues(s) in dispute. All parties to this agreement agree that the University of Michigan Off-Campus Housing Program will assist in disputes involving University of Michigan students for which one of the parties requests assistance and: a) all parties will make a reasonable and good faith effort to settle such disputes through the program; b) any party to this lease may request mediation; c) program staff may enter and inspect the Premises after notice to both parties and at reasonable times; d) this provision does not preclude other legal rights of the parties. The parties agree to keep the mediation proceedings confidential.
MICHIGAN TRUTH IN RENTING ACT NOTICE: Michigan law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person.
SECTION SIX: CONTROLLED SUBSTANCES:
Smoking is prohibited inside any ICC house or facility.
The ICC does not condone or permit the unlawful use of drugs, alcohol, or other controlled substances. I will not consume, possess, distribute, or manufacture drugs, alcohol, or any controlled substance in any way that is harmful to other members, my house, or the ICC, or that in any way violates applicable city, state or federal law. Violations of the ICC drug policy may result in my referral, expulsion, and eviction.
On 24 hours written notice, the ICC also may terminate this contract if I, my guest(s), invitee(s), or other person under my control unlawfully manufactures, delivers, possesses with intent to deliver,.o or possesses a controlled substance on the Premises. I will reimburse the ICC for all legal fees, costs, and expenses legally recoverable in such actions and for all damages caused by my default, including costs of re-contracting the Premises and all charges for the remainder of the term and succeeding terms that the ICC does not collect through litigation. If other Premises owned by the ICC are available, it shall not be unreasonable for the ICC to contract for them prior to my Premises.
SECTION SEVEN: ACCEPTABLE NETWORK USE POLICY
1.0 Overview: The Inter-Cooperative Council (“ICC”) has established this Acceptable Use Policy (“Policy”) to provide rules, regulations, and guidelines for the use of its network systems and Internet services (“Network”). The purpose of the Policy is to protect the ICC’s Network and related equipment from misuse and abuse and to prohibit activities that may expose the ICC and its members to electronic security risks and legal liability.
2.0 Scope: The ICC Network includes, but is not limited to: internet service provided by the ICC, ICC computers, and equipment related to providing internet service (such as wireless access points, switches, routers, Ethernet cables, and wiring). This policy applies to anyone who uses the ICC Network including, but not limited to, ICC members, employees, and contractors (“users”). Members who provide their guests with access to the Network are responsible for the actions of their guests.
3.1 General Use & Ownership
- Users are responsible for their use of the Network. Users should exercise good judgment regarding the reasonableness of their use and refrain from activities that may negatively impact the ability of other ICC members to use the Network in a reasonable manner.
- ICC houses may establish their own policies regarding the use and administration of the Network at their house provided those policies do not contradict any terms of this Policy.
- Data is transmitted over the Network as-is and as such users assume all of the risks inherent in the use of the Internet. The ICC also recommends that any information that users consider sensitive be encrypted and transferred over a secure connection.
- The Network is considered “best effort” and the ICC makes no warranties that the Network will be available without interruption or errors. The ICC also does not make any warranties concerning Network speeds or uptime.
3.2 Unacceptable Use: No one is allowed to use the Network to engage in any activity that is illegal under Michigan, federal, or any other applicable law. Furthermore, the following is a non-exhaustive list of activities that are prohibited on the Network:
- Using the Network to harass, sexually or otherwise, anyone.
- Violating the copyright or other intellectual property rights of any entity, including, but not limited to, doing so through the installation or distribution of pirated software.
- Using software or equipment on the Network in a manner that is inconsistent with its legally authorized use.
- Introducing malicious programs including, but not limited to, viruses, Trojans, and worms.
- Disrupting Network communication and connectivity. Disruption includes, but is not limited to, network sniffing, ping floods, packet spoofing, denial of service, and forged routing information for malicious purposes.
- Effecting security breaches. This includes a user’s access of data that was sent to that user by mistake and data that the user is not authorized to access.
- Port scanning or security scanning a computer or other electronic device without its owner’s express permission.
- Monitoring the network in a way that allows a user to intercept data that is not intended for that user unless an ICC house policy authorizes the monitoring.
4.0 Enforcement and Indemnification: Users are liable to the ICC for any damages they cause to the ICC through their use of the Network. Users agree to indemnify the ICC against any and all damages they may cause to third parties through their use of the Network.
ICC members who violate this policy may be placed on referral for uncooperative behavior (described in Standing Rule 6.7). Houses that fail to secure member compliance with this policy may be placed on House referral (described in Standing Rule 8.10).
The ICC attempts to protect its members’ rights when possible, but the ICC may cooperate with law enforcement in investigating illegal activities conducted through, over, or with the Network.
ICC MEMBER RIGHTS AND RESPONSIBILITIES
|MEMBER RIGHTS||MEMBER RESPONSIBILITIES|
|a. To live and/or board in my assigned house and room during the period of my contracts.||A. To refrain from behavior which in any way prevents or discourages another member from living and/or boarding in their assigned house or room.|
|b. To live and/or board in a democratically managed house under the auspices of a democratically run organization.||B. To regularly attend house meetings and participate actively, or through my elected representatives, in the governing of my house and the ICC. To keep abreast of all house and ICC communications such as emails, newsletters, calendars, and website updates.|
|c. To live and/or board in a house and room, which are clean and sanitary.||C. To share in whatever work is required to keep the house and boarding co-op clean, sanitary, in good repair, safe and secure, and operating properly.|
|d. To live and/or board in an assigned house and room which are safe and secure.||D. To abide by all house and ICC security measures. To lock doors, windows, and rooms appropriately. To monitor all guests. To manage keys and lock combinations responsibly. To respect the property and privacy rights of others. To refrain from all illegal activities.|
|e. To live and/or board in a house and room free from abuse, harassment, and prejudicial behavior of any kind.||E. To refrain from any actions that would discriminate against, harass, or abuse another member, or cause physical, emotional, or psychological harm.|
|f. To privacy in my assigned room.||F. To respect the privacy rights and personal space of others.|
|g. To access all house and ICC rules, policies, and financial records.||G. To pay all house and ICC charges on time. To be familiar with the ICC’s Standing Rules, Bylaws, policies, contracts, and house constitutions.|
|h. To a balanced and fair system of dispute resolution and due process.||H. To work proactively to resolve disputes in a forthright, peaceful, and civil manner – beginning at the house level.|
|i. To trained and competent house officers; including protection from capricious or irresponsible decision making.||I. To communicate and cooperate with house officers in the execution of their duties. To hold officers accountable and provide constructive feedback at appropriate times and places. To attend and actively participate in relevant meetings.|
|My signature below verifies that I have read, understand and agree to all the provisions of this contract. I am 18 years of age or older or legal parent or guardian co-signatory has signed this document with me. I understand that if I have provided any information that is untrue this contract may be voided.
|ICC STAFF ONLY – on behalf of the Inter – Cooperative Council at the University of Michigan