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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Strata Property Act

[SBC 1998] CHAPTER 43

Part 5 — Property

Division 1 — General Property Matters

Ownership of property

66  An owner owns the common property and common assets of the strata corporation as a tenant in common in a share equal to the unit entitlement of the owner's strata lot divided by the total unit entitlement of all the strata lots.

Assessment and taxation

67  For the purposes of assessment and taxation, each strata lot, together with the owner's share in the common property and other taxable common assets of the strata corporation, is a separate parcel of land.

Strata lot boundaries

68  (1) Unless otherwise shown on the strata plan, if a strata lot is separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is midway between the surface of the structural portion of the wall, floor or ceiling that faces the strata lot and the surface of the structural portion of the wall, floor or ceiling that faces the other strata lot, the common property or the other parcel of land.

(2) If a strata lot is not separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is as shown on the strata plan.

(3) A boundary shown on the strata plan must be shown in a manner approved by the registrar.

(4) Despite subsections (1) to (3), but subject to the regulations, in the case of a bare land strata plan, the boundaries must be shown on the strata plan

(a) by reference to survey markers, and

(b) in compliance with rules, if any, made under section 75 of the Land Surveyors Act for the purposes of this section.

Implied easements

69  (1) There exists an easement in favour of each strata lot in the strata plan and the owner of each strata lot

(a) for the strata lot's vertical and sideways support by the common property and by every other strata lot capable of providing support,

(b) for the passage or provision of water, sewage, drainage, gas, oil, electricity, garbage, heating and cooling systems and other services, including telephone, radio and television, through or by means of any pipes, wires, cables, chutes, ducts or other facilities existing in the common property or another strata lot to the extent those systems or services are capable of being, and intended to be, used in connection with the enjoyment of the strata lot, and

(c) for shelter of the strata lot by every part of a building that is shown on the strata plan as part of the common property or another strata lot and that is capable of providing shelter.

(2) There exists an easement in favour of the common property and the owners of the common property

(a) for the common property's vertical and sideways support by every strata lot capable of providing support,

(b) for the passage or provision of the services and facilities described in subsection (1) (b) existing in a strata lot to the extent those systems or services are capable of being, and intended to be, used in connection with the enjoyment of the common property, and

(c) for shelter of the common property by every part of a building that is shown on the strata plan as part of a strata lot and that is capable of providing shelter.

(3) The easements referred to in subsections (1) and (2)

(a) exist without registration in a land title office,

(b) charge and burden that part of the common property capable of providing support or shelter to a strata lot,

(c) charge and burden each strata lot capable of providing support or shelter to another strata lot or to the common property,

(d) charge and burden each strata lot and that part of the common property in which any part of the services and facilities described in subsections (1) (b) and (2) (b) are located, and

(e) include all of the rights and obligations needed to give effect to and enforce them, including a right of entry to inspect, maintain, repair and replace the shelter, support, services and facilities described in subsections (1) and (2).

(4) The easements referred to in subsections (1) and (2) may be enforced by the strata corporation on its own behalf or on behalf of one or more owners to the same extent as if the strata corporation were the owner of a strata lot or the common property that benefits from the easement.

(5) The easements referred to in subsections (1) (c) and (2) (c) do not apply to strata lots in a bare land strata plan.

Changes to strata lot

70  (1) An owner or owners may, with the prior written approval of the strata corporation, remove all or part of a wall that is a common boundary between

(a) adjoining strata lots, or

(b) strata lots that have been consolidated into a single strata lot.

(2) The strata corporation must approve the proposed removal under subsection (1) unless the removal

(a) fails to comply with

(i)   the British Columbia Building Code referred to in the Building Regulations of British Columbia,

(ii)   any applicable municipal or regional district bylaws,

(iii)   any applicable Nisga'a Government laws, or

(iv)   any applicable standard established by a treaty first nation in accordance with an agreement described in section 692 (5) of the Local Government Act, or

(b) interferes with the provision of utilities or other services to any other strata lot or to the common property.

(3) The owner or owners must give copies of any required building permits to the strata corporation when seeking its approval under subsection (1).

(4) Subject to the regulations, if an owner wishes to increase or decrease the habitable part of the area of a residential strata lot, by making a nonhabitable part of the strata lot habitable or by making a habitable part of the strata lot nonhabitable, and the unit entitlement of the strata lot is calculated on the basis of habitable area in accordance with section 246 (3) (a) (i) or on the basis of square footage in accordance with section 1 of the Condominium Act, R.S.B.C. 1996, c. 64, the owner must

(a) seek an amendment to the Schedule of Unit Entitlement under section 261, and

(b) obtain the unanimous vote referred to in section 261 before making the change.

Change in use of common property

71  Subject to the regulations, the strata corporation must not make a significant change in the use or appearance of common property or land that is a common asset unless

(a) the change is approved by a resolution passed by a 3/4 vote at an annual or special general meeting, or

(b) there are reasonable grounds to believe that immediate change is necessary to ensure safety or prevent significant loss or damage.

Repair of property

72  (1) Subject to subsection (2), the strata corporation must repair and maintain common property and common assets.

(2) The strata corporation may, by bylaw, make an owner responsible for the repair and maintenance of

(a) limited common property that the owner has a right to use, or

(b) common property other than limited common property only if identified in the regulations and subject to prescribed restrictions.

(3) The strata corporation may, by bylaw, take responsibility for the repair and maintenance of specified portions of a strata lot.

Division 2 — Limited Common Property and Exclusive Use of Common Property

Designation of limited common property

73  Common property may be designated as limited common property

(a) by the owner developer

(i)   by a designation on the strata plan when it is deposited in the land title office, or

(ii)   by a plan amendment under section 258,

(b) by an amendment to the strata plan under section 257, or

(c) by a resolution passed at an annual or special general meeting under section 74.

Designation of limited common property by 3/4 vote

74  (1) Common property may be designated as limited common property by a resolution passed by a 3/4 vote at an annual or special general meeting.

(2) A resolution passed under subsection (1) must be filed in the land title office with a sketch plan that

(a) satisfies the registrar,

(b) defines the areas of limited common property, and

(c) specifies each strata lot whose owners are entitled to the exclusive use of the limited common property.

(3) A resolution passed under subsection (1) does not have effect until it is filed in the land title office.

(4) The designation of limited common property by a resolution under this section does not require an amendment to the strata plan.

Removal of designation of limited common property

75  (1) If a designation of common property as limited common property was made

(a) by the owner developer at the time the strata plan was deposited or by a plan amendment by the owner developer under section 258, or

(b) by an amendment to the strata plan under section 257,

the designation may only be removed by amending the plan under section 257.

(2) If a designation of common property as limited common property was made by a resolution passed by a 3/4 vote under section 74, it may only be removed by a resolution passed by a 3/4 vote at an annual or special general meeting.

(3) A resolution passed under subsection (2) does not have effect until it is filed in the land title office.

(4) The removal of a designation of limited common property by a resolution under subsection (2) does not require an amendment to the strata plan.

Short term exclusive use

76  (1) Subject to section 71, the strata corporation may give an owner or tenant permission to exclusively use, or a special privilege in relation to, common assets or common property that is not designated as limited common property.

(2) A permission or privilege under subsection (1) may be given for a period of not more than one year, and may be made subject to conditions.

(3) The strata corporation may renew the permission or privilege and on renewal may change the period or conditions.

(4) The permission or privilege given under subsection (1) may be cancelled by the strata corporation giving the owner or tenant reasonable notice of the cancellation.

Access to common property by strata corporation

77  An owner who has the right to use common property, including limited common property, or common assets must allow the strata corporation reasonable access to the common property or common assets to exercise its powers and perform its duties.

Division 3 — Property Acquisition and Disposal

Acquisition of land by strata corporation

78  (1) Before the strata corporation acquires land, the acquisition must be approved by a resolution passed by a 3/4 vote at an annual or special general meeting.

(2) Land must not be registered at a land title office in the name of the strata corporation unless the document transferring the interest in the land to the strata corporation is accompanied by a Certificate of Strata Corporation in the prescribed form, stating that

(a) the resolution referred to in subsection (1) has been passed, and

(b) the document conforms to the resolution.

(3) The strata corporation may, without prior approval,

(a) accept a grant of an easement or restrictive covenant benefiting land in the strata plan, or

(b) accept a discharge of an easement burdening land in the strata plan.

Disposal of land held in strata corporation's name

79  To sell, lease, mortgage, grant an easement over, grant a restrictive covenant affecting or otherwise dispose of land that is a common asset, the strata corporation must proceed as follows:

(a) a resolution approving the disposition must be passed by a 3/4 vote at an annual or special general meeting;

(b) any document needed to effect the disposition must be executed by the strata corporation and delivered to the land title office accompanied by a Certificate of Strata Corporation in the prescribed form, stating that the resolution referred to in paragraph (a) has been passed and that the document conforms to the resolution.

Disposal of common property

80  (1) To dispose of common property in a way set out in section 253 (1), the strata corporation must ensure that the requirements of Part 7 of the Land Title Act are met.

(2) To dispose of common property in a way not set out in section 253 (1), the strata corporation must ensure that the following requirements are met:

(a) a resolution approving the disposition must be passed by a 3/4 vote at an annual or special general meeting;

(b) holders of financial charges noted on the common property record must consent in writing to the proposed disposition unless in the registrar's opinion the interests of the persons who have not consented in writing are not adversely affected by the disposition;

(c) any document needed to effect the disposition must be executed by the strata corporation and delivered to the land title office accompanied by

(i)   a Certificate of Strata Corporation in the prescribed form, stating that the resolution referred to in paragraph (a) has been passed and that the document conforms to the resolution, and

(ii)   the written consents referred to in paragraph (b).

(3) For the purpose of determining what consents are required under subsection (2) (b) from holders of financial charges, section 97 (3) to (8) of the Land Title Act applies to the disposition of common property.

Strata corporation must not mortgage common property

81  The strata corporation must not mortgage common property.

Acquisition and disposal of personal property by strata corporation

82  (1) The strata corporation may acquire personal property for the use of the strata corporation.

(2) The strata corporation may sell, lease, mortgage or otherwise dispose of personal property.

(3) The strata corporation must obtain prior approval by a resolution passed by a 3/4 vote at an annual or special general meeting of an acquisition or disposal of personal property if the personal property has a market value of more than

(a) an amount set out in the bylaws, or

(b) $1 000, if the bylaws are silent as to the amount.

(4) This section does not apply to the acquisition or disposal of an investment instrument referred to in section 95 (2).

Division 4 — Work Orders

Work order against strata corporation property

83  The strata corporation must comply with a requirement to do work on or to

(a) common property, or

(b) land that is a common asset

if the work is required by a notice or order of a public or local authority which is authorized by law to require the work, and the notice or order is given to the strata corporation.

Work order against strata lot

84  (1) Except as provided in section 41.1 of the Fire Services Act, a strata corporation that receives a notice or order requiring work to be done on or to a strata lot, from a public or local authority authorized by law to require the work, must promptly give the notice or order to the owner of the strata lot.

(2) An owner who receives a notice or order requiring work to be done on or to the owner's strata lot, from a public or local authority authorized by law to require the work or from the strata corporation under subsection (1), must do the work.

Owner's failure to comply with work order

85  (1) If an owner, after receiving the notice or order under section 84, fails to do the required work, the strata corporation may do the required work.

(2) If the owner appeals the work order and advises the strata corporation in writing of the appeal, the strata corporation must wait for the results of the appeal.

(3) Except in an emergency, the strata corporation must notify the owner in writing of its intention to do the work at least one week before starting the work.

(4) The owner must reimburse the strata corporation for any money the strata corporation spends doing work on or to the strata lot under this section.

Division 5 — Builders Liens and Other Charges

Builders Lien Act applies

86  Except as provided in sections 87 to 90 of this Act, the Builders Lien Act applies to land in a strata plan.

Builders liens against strata lots in phased strata plans

87  Despite any other enactment, in a phased strata plan a claim of lien under the Builders Lien Act may be filed against only the strata lots in the phase in which the materials were supplied or the work was done.

Builders lien after purchase from owner developer

88  (1) Despite any other Act or agreement to the contrary, if an owner developer conveys a strata lot to a purchaser, a claim of lien under the Builders Lien Act filed against the strata lot, or against the strata lot's share in the common property, must be filed before the earlier of

(a) the date on which the time for filing a claim of lien under the Builders Lien Act expires, and

(b) the date which is 45 days after the date the strata lot is conveyed to the purchaser.

(2) Despite any other Act or agreement to the contrary, a purchaser of a strata lot from an owner developer must retain a holdback of an amount set out in the regulations until the earlier of

(a) the date on which the time for filing a claim of lien under the Builders Lien Act expires, and

(b) the date which is 55 days after the date the strata lot is conveyed to the purchaser.

(3) The holdback is subject to a lien under the Builders Lien Act.

(4) The purchaser must release the holdback to the owner developer at the end of the holdback period provided for in subsection (2) unless in the meantime a claim of lien has been filed, or proceedings have been commenced, to enforce a lien against the holdback.

Removal of claim of lien after purchase from owner developer

89  (1) If one or more claims of lien under the Builders Lien Act are filed against a strata lot purchased from an owner developer, the purchaser or, if the strata lot is conveyed to the purchaser and the purchaser becomes the owner of the strata lot, that owner may apply to the Supreme Court for an order for permission to pay into the court the lesser of

(a) the total amount of the claims of lien filed, and

(b) the full amount of the holdback under section 88 (2).

(2) Payment into the court discharges the lien and releases the purchaser or, if the strata lot is conveyed to the purchaser and the purchaser becomes the owner of the strata lot, that owner from liability to the owner developer or the lien claimant for the liens.

(3) The order under subsection (1) must provide that the claims of lien be removed from the title to the strata lot.

(4) The money paid into the court is security for the liens in place of the strata lot.

(5) If the full amount of the holdback has not been paid into the court, the purchaser or, if the strata lot is conveyed to the purchaser and the purchaser becomes the owner of the strata lot, that owner must release the balance of the holdback to the owner developer.

Removal of liens and other charges

90  (1) An owner may apply to the Supreme Court to remove a claim of lien under the Builders Lien Act or other registered charge that charges more than one strata lot from the title to the owner's strata lot.

(2) The court may order the claim of lien or other charge removed from the title to the owner's strata lot on payment into the court of the strata lot's share of the amount secured by the claim of lien or other charge.

(3) Payment into the court releases the owner from liability to the lien claimant or other charge holder for the amount secured by the claim of lien or other charge.

(4) The strata lot's share of the amount secured by the claim of lien or other charge is calculated as set out in section 166 as if the amount of the claim of lien or other charge were a judgment.

(5) The money paid into the court is security for the lien or other charge in place of the strata lot.

Contents  |  Part 1  |  Part 2  |  Part 3  |  Part 4  |  Part 5  |  Part 6  |  Part 7  |  Part 8  |  Part 9  |  Part 10  |  Part 11  |  Part 12  |  Part 13  |  Part 14  |  Part 15  |  Part 16  |  Part 17  |  Schedule of Standard Bylaws