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Strata Property Act

[SBC 1998] CHAPTER 43

Part 13 — Phased Strata Plans

Definition

217  In this Part, "common facility" means a major facility in a phased strata plan, including a laundry room, playground, swimming pool, recreation centre, clubhouse or tennis court, if the facility is available for the use of the owners.

Act applies to phased strata plan

218  (1) Subject to the regulations, the provisions of this Act apply to a phased strata plan.

(2) If there is a conflict between a provision of this Part and a provision of another Part, the provision of this Part prevails.

Owner developer in phased strata plan

219  For the purposes of this Part, an owner developer includes a person named as an applicant in a Phased Strata Plan Declaration.

Transfer of owner developer's interest

220  If an owner developer transfers the owner developer's interest in land described in a Phased Strata Plan Declaration, the owner developer's rights and responsibilities under the declaration and this Act transfer to the new owner developer.

Deposit of phased strata plan in land title office

221  (1) The registrar may only accept a phase of a phased strata plan for deposit if

(a) a Phased Strata Plan Declaration in the prescribed form, approved by an approving officer in accordance with section 222, is filed with the first phase,

(b) each phase is approved by an approving officer in accordance with section 224, and in accordance with section 225 if required,

(c) the boundaries of each phase are clearly identified, and

(d) each phase, when deposited, complies with sections 240, 244 and 245.

(2) Phases in a phased strata plan must be deposited in the order in which the phases are set out in the Phased Strata Plan Declaration.

(3) The unit entitlement of strata lots in all of the phases must be calculated in accordance with section 246 using the same basis for calculations for all of the phases.

(4) On the deposit of any phase of a phased strata plan other than the final phase, the registrar may make a notation of the Phased Strata Plan Declaration on the title to every strata lot created by the plan and on the title to the remainder parcel.

(5) On the deposit of the final phase of a phased strata plan, the registrar may remove the notations made under subsection (4).

Approval of Phased Strata Plan Declaration

222  (1) Before a person applies to deposit the first phase of a phased strata plan, the person must obtain the approval of an approving officer to a Phased Strata Plan Declaration in the prescribed form.

(2) The approval of the approving officer referred to in subsection (1) expires after one year unless the first phase is deposited before that time.

Security for common facilities

223  (1) If common facilities are to be constructed in a phase other than the first phase, or constructed on a separate parcel, an approving officer may only approve the Phased Strata Plan Declaration if the owner developer

(a) posts a bond, an irrevocable letter of credit or other security in an amount that, in the opinion of the approving officer, is sufficient to cover the full cost of constructing the common facility, including the cost of the land, or

(b) makes other arrangements, satisfactory to the approving officer, to ensure the completion of the common facility.

(2) The bond, irrevocable letter of credit or other security required under subsection (1) (a) must be drawn in favour of, and must be held by,

(a) the municipality in which the land is located,

(b) the regional district in which the land is located if the land is not located in a municipality and is neither Nisga'a Lands nor treaty lands of a treaty first nation,

(c) the Nisga'a Village if the land is located within Nisga'a Village Lands,

(d) the Nisga'a Nation if the land is Nisga'a Lands other than Nisga'a Village Lands, or

(e) the treaty first nation if the land is located within the treaty lands of that treaty first nation.

(3) If the owner developer complies with subsections (1) and (2), the approving officer may not require any further security for common facilities as a condition for approving the declaration.

Approval of phase

224  (1) Before the owner developer applies to deposit a phase of a phased strata plan, the owner developer must obtain the approval of an approving officer to that phase.

(2) The approving officer must approve a phase of a phased strata plan if it substantially complies with the requirements for that phase as set out in the Phased Strata Plan Declaration.

(3) If the approving officer approves a phase of the phased strata plan, the approving officer must endorse the approval on the plan in accordance with the regulations.

Approving officer's approval for common facilities

225  (1) If a common facility is to be constructed in conjunction with a phase of a strata plan, the phase must be approved by an approving officer in accordance with the regulations.

(2) The approving officer must approve the phase if

(a) the owner developer fulfills the requirements of section 223, or

(b) the common facility is at least 50% completed, as verified by the certificate of a registered architect or professional engineer.

Release of security

226  (1) Security provided under section 223 must be released if any of the following requirements are met:

(a) the common facility is substantially completed, as verified by the certificate of a registered architect or professional engineer;

(b) after a council is elected, the strata corporation and the owner developer enter into an agreement for the completion of the common facilities and the release of the security is authorized by a resolution passed by a 3/4 vote at an annual or special general meeting;

(c) the Supreme Court orders the release under subsection (4);

(d) the Supreme Court makes an order under subsection (5) or under section 233 (6) or 235 (6) for the provision of the common facilities.

(2) For the purpose of the 3/4 vote referred to in subsection (1) (b), the owner developer is not an eligible voter.

(3) Security provided under section 223 must not be released unless one of the requirements in subsection (1) of this section has been met.

(4) If the municipality, regional district, Nisga'a Village , Nisga'a Nation or treaty first nation refuses to release the security, the owner developer may apply to the Supreme Court for an order that it be released.

(5) After deposit of the first phase, if a common facility is not substantially completed within the time for completion set out in the Phased Strata Plan Declaration, the strata corporation or an owner may apply to the Supreme Court for one or both of the following orders:

(a) that the owner developer complete whatever common facilities the court considers equitable;

(b) that some or all of the security provided for the common facilities be paid as provided by the court.

Owner developer's contribution to expenses

227  (1) Subject to sections 233 (2) and 235 (3), until all phases of a phased strata plan have been deposited, the owner developer must contribute to the expenses of the strata corporation that are attributable to the common facilities.

(2) Subject to the regulations, the owner developer's share of the expenses under subsection (1) is calculated as follows:

(3) For the purposes of subsection (2), the unit entitlement of strata lots in the phases not deposited is as set out in the Phased Strata Plan Declaration.

Effect of deposit of phase

228  (1) When a phase of a phased strata plan is deposited,

(a) the land in the phase is subdivided from the rest of the parcel or parcels referred to in section 240 and is consolidated with the land in any previously deposited strata plan of the same development,

(b) despite sections 269 to 271, the strata corporation established by the deposit of the phase is amalgamated with the strata corporation established by the deposit of the strata plan for the first phase, and

(c) the owners of the strata lots in the phase are members of the strata corporation established by the deposit of the strata plan for the first phase.

(2) The provisions of Part 3 apply to the new phase to the extent set out in the regulations.

Notification of deposit of subsequent phase

229  The owner developer must immediately notify the strata corporation of the deposit of a phase other than the first phase of a phased strata plan.

Annual general meeting after deposit of subsequent phase

230  Subject to the regulations, if a phase other than the first phase of a phased strata plan is deposited, the strata corporation must hold an annual general meeting during the 6 week period that begins on the earlier of

(a) the date on which 50% plus one of the strata lots in the new phase have been conveyed to purchasers, and

(b) the date that is 6 months after the deposit of the new phase.

Deemed election to proceed

231  On the date contained in the Phased Strata Plan Declaration for the election to proceed with a phase, the owner developer is conclusively deemed to have elected to proceed with that phase as set out in the declaration unless

(a) an amendment to the declaration has been approved in accordance with section 232 or 233, or

(b) an election not to proceed has been made and filed under section 235.

Amendment of declaration to extend time for election

232  (1) An owner developer who wishes to amend a Phased Strata Plan Declaration to extend the time for making an election to proceed with the next phase must apply to an approving officer for an amendment extending the time in which to make the election.

(2) The approving officer must not allow a declaration to be amended to extend the time for the election

(a) more than once, or

(b) for more than one year from the date stated in the declaration,

except in accordance with a court order under subsection (3).

(3) On application of an owner developer, the Supreme Court may order an approving officer to grant the extension of time requested.

Other amendments to declaration

233  (1) An owner developer who wishes to amend a Phased Strata Plan Declaration, other than by extending the time for an election under section 232, must apply to an approving officer for approval of the amendment.

(2) Unless otherwise agreed between the owner developer and the strata corporation, if the owner developer amends the declaration to reduce the unit entitlement of a subsequent phase, the approving officer may require the owner developer to contribute to the expenses of the strata corporation that are attributable to the common facilities as if the unit entitlement in the subsequent phase had not been reduced.

(3) Subsection (2) applies only if

(a) common facilities have been constructed in the existing phases, or

(b) the strata corporation has become contractually obligated to contribute toward the operating costs of common facilities on a separate parcel.

(4) On application by the strata corporation, the Supreme Court may order that the owner developer pay money, post a bond, provide a letter of credit or provide other security for the owner developer's share of the expenses of the strata corporation under subsection (2).

(5) On application by the strata corporation, the Supreme Court may determine whether the amendment to the Phased Strata Plan Declaration significantly alters the common facilities to be built in a subsequent phase in a way that is unfair to the strata corporation.

(6) If the court determines that the amendment is a significant and unfair alteration, the court may make one or both of the following orders:

(a) that the owner developer complete whatever common facilities the court considers equitable;

(b) that some or all of the security provided for the common facilities be paid as provided by the court.

(7) An agreement referred to in subsection (2) must be approved by a resolution passed by a 3/4 vote at an annual or special general meeting, and for the purposes of that 3/4 vote, the owner developer is not an eligible voter.

Matters that apply to amendment of declaration

234  (1) The owner developer must give the strata corporation written notice of an application under section 232 or 233.

(2) The strata corporation has 30 days from receipt of the notice referred to in subsection (1) to make written representations to the approving officer.

(3) The strata corporation may, by written notice to the approving officer, waive its right to make written representations to the approving officer.

(4) The approving officer, after considering the representations, if any, of the owner developer and the strata corporation, may approve the extension or amendment with or without changes or may refuse to approve the extension or amendment.

(5) If an amendment, including an extension of the time in which to make an election, is approved, the owner developer must deposit an amended Phased Strata Plan Declaration with the registrar.

Election not to proceed

235  (1) An owner developer who elects not to proceed with the next phase must, before the time set in the Phased Strata Plan Declaration for the election to proceed,

(a) give written notice of the election not to proceed to the strata corporation and the approving officer, and

(b) file with the registrar a notice of the election not to proceed, together with a reference plan, in accordance with section 100 (1) (a) of the Land Title Act, of the remainder parcel.

(2) On receipt of the notice of the election not to proceed, the registrar must remove the Phased Strata Plan Declaration notation from the title to the strata lots and from the title to the remainder parcel.

(3) Unless otherwise agreed between the owner developer and the strata corporation, if an owner developer elects not to proceed, the Supreme Court may order, on application of the owner developer or the strata corporation made within 2 years of the receipt of notice under subsection (1) (a), that the owner developer

(a) contribute to the expenses of the strata corporation that are attributable to the common facilities as if the owner developer had elected to proceed, and

(b) pay money, post a bond, provide a letter of credit or provide other security for the owner developer's share of the expenses of the strata corporation under paragraph (a).

(4) Subsection (3) applies only if

(a) common facilities have been constructed in the existing phases, or

(b) the strata corporation has become contractually obligated to contribute toward the operating costs of common facilities on a separate parcel.

(5) On application by the strata corporation, the Supreme Court may determine whether the owner developer's election not to proceed is unfair to the strata corporation.

(6) If the court determines that the election is unfair, the court may make one or both of the following orders:

(a) that the owner developer complete whatever common facilities the court considers equitable;

(b) that some or all of the security provided for the common facilities be paid as provided by the court.

(7) An agreement referred to in subsection (3) must be approved by a resolution passed by a 3/4 vote at an annual or special general meeting, and for the purposes of that 3/4 vote, the owner developer is not an eligible voter.

Delay in proceeding

236  (1) On application by the strata corporation, the Supreme Court may order that the owner developer complete a phase by a set date if

(a) the owner developer has elected to proceed, or is deemed to have elected to proceed under section 231, and

(b) the court is satisfied that the owner developer has not proceeded with the phase

(i)   within a reasonable time after the date stated in the Phased Strata Plan Declaration or an amended declaration, or

(ii)   at a reasonable speed.

(2) If the owner developer does not comply with the court order under subsection (1), the court may declare that the owner developer be deemed to have elected not to proceed.

Development after election not to proceed requires approval

237  (1) Subject to subsection (2), if the owner developer elects not to proceed with a subsequent phase, land that would have been a part of the subsequent phase may only be developed in accordance with the applicable municipal or regional district bylaws, Nisga'a Government laws or treaty first nation laws, relating to that parcel as a separate parcel.

(2) In approving the development of land referred to in subsection (1), the municipality, regional district, Nisga'a Village , Nisga'a Nation or treaty first nation may

(a) take into consideration the development already constructed in earlier phases, and

(b) treat the development of the subsequent phase as if it were a part of the phased development rather than a separate parcel.

Building permit

238  (1) An application for a building permit for a phase in a phased strata plan must include the common facilities for the phase as set out in the Phased Strata Plan Declaration.

(2) Parcels in a phased strata plan that will be consolidated under section 228 (1) (a) on the deposit of a phase are deemed to be consolidated for the purpose of enabling a building inspector to issue a building permit in respect of a building.

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