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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 15 — Strata Plan Amendment and Amalgamation

Division 1 — Strata Plan Amendment

Amending strata plan to designate limited common property

257  To amend a strata plan to designate limited common property, or to amend a strata plan to remove a designation of limited common property made by the owner developer at the time the strata plan was deposited or by amendment of the strata plan, the strata plan must be amended as follows:

(a) a resolution approving the amendment must be passed by a unanimous vote at an annual or special general meeting;

(b) an application to amend the strata plan must be made to the registrar accompanied by

(i)   a reference or explanatory plan, whichever the registrar requires, that

(A)  shows the amendment, and

(B)  is in a form required under the Land Title Act for a reference or explanatory plan, and

(ii)   a Certificate of Strata Corporation in the prescribed form stating that the resolution referred to in paragraph (a) has been passed and that the reference or explanatory plan conforms to the resolution.

Parking designated by owner developer as limited common property

258  (1) An owner developer may, at any time before the first annual general meeting of the strata corporation, amend the strata plan to designate parking stalls as limited common property for the exclusive use of owners of strata lots in the strata plan.

(2) In designating parking stalls under subsection (1), the owner developer acts as the council and must

(a) act honestly and in good faith with a view to the best interests of the strata corporation, and

(b) exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances.

(3) An owner developer may, at any time before the first annual general meeting of the strata corporation, amend the strata plan to designate a maximum of 2 extra parking stalls as limited common property for the exclusive use of the owners of each strata lot in the strata plan.

(4) In this section, "extra parking stalls" means any parking stalls, on land shown on the strata plan as set aside for parking, that are in addition to the total number of parking stalls calculated by adding

(a) one stall per strata lot, or any greater number of stalls required by an applicable municipal bylaw, Nisga'a Government law, treaty first nation law or other enactment, plus

(b) one stall per 10 strata lots for visitor parking or any greater number of visitor parking stalls required by an applicable municipal bylaw, Nisga'a Government law, treaty first nation law or other enactment.

(5) In designating extra parking stalls under subsection (3), the owner developer is not required to act with a view to the best interests of the strata corporation, but must act honestly and in good faith and exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances.

(6) A designation of parking stalls under subsection (1) or (3) does not require approval by a resolution at an annual or special general meeting.

(7) An application to amend the strata plan under this section must be made to the registrar accompanied by a reference or explanatory plan, whichever the registrar requires, that

(a) shows the amendment, and

(b) is in a form required under the Land Title Act for a reference or explanatory plan.

Amending strata plan to add to, consolidate or divide a strata lot

259  (1) Strata lots may not be consolidated unless

(a) they are owned by the same person, and

(b) the holders of registered charges against the strata lots have dealt, to the satisfaction of the registrar, with the issue of the priority of their interests as they will apply to the consolidated strata lot.

(2) If a strata lot being divided includes a building that was not shown on the strata plan at the time the strata plan was deposited, sections 241 and 242 apply.

(3) To divide a strata lot into 2 or more strata lots, to consolidate 2 or more strata lots or to add part of a strata lot to another strata lot, the strata plan must be amended as follows:

(a) subject to section 260, a resolution approving the amendment must be passed by a unanimous vote at an annual or special general meeting;

(b) an application to amend the strata plan must be made to the registrar accompanied by

(i)   a subdivision, reference or explanatory plan, whichever the registrar requires, that

(A)  shows the amendment,

(B)  complies, as far as the registrar considers necessary, with sections 244 and 245, and

(C)  is in a form required under the Land Title Act for a subdivision, reference or explanatory plan,

(ii)   if a strata lot is being divided, a certificate signed by an approving officer indicating that the proposed amendment complies with any applicable municipal or regional district bylaws , Nisga'a Government laws or treaty first nation laws,

(iii)   if the amendment changes the unit entitlement of any strata lot, a new Schedule of Unit Entitlement that meets the requirements of section 264, together with evidence of the superintendent's approval,

(iv)   if the amendment changes the voting rights of any strata lot, a Schedule of Voting Rights that meets the requirements of section 264, together with evidence of the superintendent's approval,

(v)   if approval of the amendment is required, a Certificate of Strata Corporation in the prescribed form stating that the resolution referred to in paragraph (a) or in section 260 (4) has been passed and that the subdivision, reference or explanatory plan and any new Schedule of Unit Entitlement or Schedule of Voting Rights conform to the resolution, and

(vi)   any document required by the registrar to resolve the priority of interests of any holders of registered charges against the strata lots being altered.

(4) Despite any other provision of this Act, an amendment to a strata plan under this section may result in a residential strata lot having less than one or more than one vote.

(5) Despite any other provision of this Act, a strata plan may not be amended to divide a strata lot if the amendment would result in a strata plan consisting of bare land strata lots and strata lots that are not bare land strata lots.

Exceptions to requirement for unanimous vote

260  (1) Subject to subsection (4), an amendment to the strata plan to divide a strata lot into 2 or more strata lots does not require any strata corporation approval if

(a) the combined unit entitlement of the 2 or more strata lots being created is the same as or less than the unit entitlement of the strata lot being divided,

(b) the total number of votes of the 2 or more strata lots being created is the same as or less than the number of votes of the strata lot being divided, and

(c) the amendment will not increase the share of the common expenses borne by a strata lot, other than the strata lot being divided.

(2) An amendment to the strata plan to consolidate 2 or more strata lots does not require any strata corporation approval if

(a) the unit entitlement of the consolidated strata lot is the same as or less than the combined unit entitlement of the 2 or more strata lots being consolidated,

(b) the total number of votes of the consolidated strata lot is the same as or less than the number of votes of the 2 or more strata lots being consolidated, and

(c) the amendment will not increase the share of the common expenses borne by a strata lot, other than the strata lots being consolidated.

(3) An amendment to the strata plan to add part of a strata lot to another strata lot does not require any strata corporation approval if

(a) the total unit entitlement of the 2 strata lots after the amendment is the same as or less than the total unit entitlement of the strata lots before the amendment,

(b) the total number of votes of the 2 strata lots after the amendment is the same as or less than the total number of votes of the strata lots before the amendment, and

(c) the amendment will not increase the share of the common expenses borne by a strata lot, other than the strata lots being altered.

(4) An amendment to the strata plan to divide a residential strata lot into 2 or more strata lots must be approved by a resolution passed by a 3/4 vote at an annual or special general meeting.

Amending Schedule of Unit Entitlement

261  (1) To amend a Schedule of Unit Entitlement to reflect a change in the habitable area of a residential strata lot in a strata plan in which 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 schedule must be amended as follows:

(a) a resolution approving the amendment must be passed by a unanimous vote at an annual or special general meeting;

(b) an application to amend the schedule must be made to the registrar accompanied by

(i)   a new Schedule of Unit Entitlement that meets the requirements of section 246, together with evidence of the superintendent's approval, and

(ii)   a Certificate of Strata Corporation in the prescribed form stating that the resolution referred to in paragraph (a) has been passed and that the Schedule of Unit Entitlement conforms to the resolution.

(2) The registrar must, if satisfied that the application and accompanying documents to amend the Schedule of Unit Entitlement comply with the requirements of this Act and the regulations, file the Schedule of Unit Entitlement.

Amending strata plan to make land held by strata corporation into new strata lot

262  (1) Land that is held in the name of or on behalf of the strata corporation, but not shown on the strata plan, must not be added to a strata lot or used to create a new strata lot, unless

(a) it shares a common boundary with land in the strata plan,

(b) it is separated only by a highway, dike, stream or right of way from land in the strata plan, or

(c) it is separated from the land in the strata plan, but the approving officer is satisfied that the amendment to the strata plan would result in a viable development of benefit to the community.

(2) A strata lot in another strata plan may not be added to a strata lot or used to create a new strata lot under this section.

(3) To add land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, to a strata lot or to create a new strata lot out of that land, the strata plan must be amended as follows:

(a) subject to paragraph (b), a resolution approving the amendment must be passed by a 3/4 vote at an annual or special general meeting;

(b) a resolution approving the amendment must be passed by a unanimous vote at an annual or special general meeting if

(i)   the amendment will change the unit entitlement of a strata lot,

(ii)   the amendment will decrease the relative voting power of a strata lot, other than the strata lot being added to or created, or

(iii)   the amendment will increase the share of common expenses borne by a strata lot, other than the strata lot being added to or created;

(c) an application to amend the strata plan must be made to the registrar accompanied by

(i)   a reference or explanatory plan, whichever the registrar requires, that

(A)  shows the amendment,

(B)  complies, as far as the registrar considers necessary, with sections 244 and 245, and

(C)  is in a form required under the Land Title Act for a reference or explanatory plan,

(ii)   a certificate signed by an approving officer indicating that the proposed amendment complies with any applicable municipal or regional district bylaws , Nisga'a Government laws or treaty first nation laws,

(iii)   if the amendment changes the unit entitlement of any strata lot, a new Schedule of Unit Entitlement that meets the requirements of section 264, together with evidence of the superintendent's approval,

(iv)   if the amendment changes the voting rights of any strata lot, a Schedule of Voting Rights that meets the requirements of section 264, together with evidence of the superintendent's approval,

(v)   a Certificate of Strata Corporation in the prescribed form stating that the resolution referred to in paragraph (a) or (b), whichever is required, has been passed and that the reference or explanatory plan and any new Schedule of Unit Entitlement or Schedule of Voting Rights conform to the resolution,

(vi)   a transfer of any land that is being added to the strata lot or made into a new strata lot, and

(vii)   any document required by the registrar to resolve the priority of interests of any holders of registered charges against the land affected by the amendment.

Amending strata plan to add a strata lot to common property

263  (1) A strata lot or part of a strata lot may not be added to common property unless it is free of mortgages or any other charges that may result in a transfer of an estate or interest in the strata lot.

(2) To add a strata lot or part of a strata lot to common property, the strata plan must be amended as follows:

(a) a resolution approving the amendment must be passed by a unanimous vote at an annual or special general meeting;

(b) an application to amend the strata plan must be made to the registrar accompanied by

(i)   a reference or explanatory plan, whichever the registrar requires, that

(A)  shows the amendment,

(B)  complies, as far as the registrar considers necessary, with sections 244 and 245, and

(C)  is in a form required under the Land Title Act for a reference or explanatory plan,

(ii)   if the amendment changes the unit entitlement of any strata lot, a new Schedule of Unit Entitlement that meets the requirements of section 264, together with evidence of the superintendent's approval,

(iii)   if the amendment changes the voting rights of any strata lot, a Schedule of Voting Rights that meets the requirements of section 264, together with evidence of the superintendent's approval,

(iv)   a Certificate of Strata Corporation in the prescribed form stating that the resolution referred to in paragraph (a) has been passed and that the reference or explanatory plan and any new Schedule of Unit Entitlement or Schedule of Voting Rights conform to the resolution,

(v)   a transfer of any land that is being added to the common property, and

(vi)   any document required by the registrar to ensure that the land being added to the common property is free of mortgages or charges referred to in subsection (1).

Calculation of unit entitlement and voting rights following amendment

264  (1) If a strata plan amendment under section 259, 262 or 263 changes unit entitlement, a new Schedule of Unit Entitlement must be established in accordance with section 246 by using the same formula for calculations that was used to establish the Schedule of Unit Entitlement that is being replaced.

(2) If a strata plan amendment under section 259, 262 or 263 changes voting rights, a new Schedule of Voting Rights must be established in accordance with section 247 or 248 by using the same formula for calculations that was used to establish the Schedule of Voting Rights that is being replaced.

(3) If a strata plan amendment will result in a residential strata lot having less than one vote or more than one vote, a Schedule of Voting Rights in the prescribed form setting out the number of votes per strata lot must be established even if the strata plan does not have at least one nonresidential strata lot.

(4) Despite section 247 (2) (a) (i), a Schedule of Voting Rights established under this section may provide that a residential strata lot has less than one or more than one vote.

(5) If an amendment to a Schedule of Unit Entitlement under section 261 changes unit entitlement, a new Schedule of Unit Entitlement must be established in accordance with section 246 by using the same formula for calculations that was used to establish the Schedule of Unit Entitlement that is being replaced.

(6) Each of the following must be submitted to the superintendent for approval:

(a) a new Schedule of Unit Entitlement established under subsection (1);

(b) a new Schedule of Voting Rights established under subsection (2);

(c) a new Schedule of Unit Entitlement established under subsection (5).

Amending strata plan to make common property into land held by the strata corporation

265  (1) A subdivision of common property is required to make common property into land held in the name of or on behalf of the strata corporation but not shown on the strata plan.

(2) The subdivision referred to in subsection (1) is a subdivision of land to which Part 7 of the Land Title Act applies.

(3) Section 253 (2), (3) and (4) applies to a subdivision of land referred to in this section.

Amending strata plan to add land held by strata corporation to the common property

266  (1) Land that is held in the name of or on behalf of the strata corporation, but not shown on the strata plan, may not be added to the common property unless it is free of mortgages and other charges referred to in section 263 (1), and one of the following requirements is met:

(a) it shares a common boundary with land in the strata plan;

(b) it is separated only by a highway, dike, stream or right of way from land in the strata plan;

(c) it is separated from the land in the strata plan, but the approving officer is satisfied that the amendment to the strata plan would result in a viable development of benefit to the community.

(2) A strata lot in another strata plan may not be added to the common property under this section.

(3) To add land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, to common property, the strata plan must be amended as follows:

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

(b) an application to amend the strata plan must be made to the registrar accompanied by

(i)   a reference or explanatory plan, whichever the registrar requires, that

(A)  shows the amendment,

(B)  complies, as far as the registrar considers necessary, with sections 244 and 245, and

(C)  is in a form required under the Land Title Act for a reference or explanatory plan,

(ii)   a Certificate of Strata Corporation in the prescribed form stating that the resolution referred to in paragraph (a) has been passed and that the reference or explanatory plan conforms to the resolution,

(iii)   any document required by the registrar to resolve the priority of interests of any holders of registered charges against the land held in the name of or on behalf of the strata corporation, and

(iv)   any document required by the registrar to ensure that the land being added to the common property is free of mortgages and charges referred to in section 263 (1).

Registrar's duties on amendment

267  The registrar must, if satisfied that an application and accompanying documents to amend a strata plan comply with this Act and the Land Title Act and the regulations made under those Acts,

(a) deposit the reference or explanatory plan,

(b) note the amendment on the strata plan,

(c) make any entry of the amendment that the registrar considers necessary on the common property record,

(d) file the Certificate of Strata Corporation, any certificate of compliance respecting conformity with any applicable municipal or regional district bylaws , Nisga'a Government laws or treaty first nation laws and any Schedule of Unit Entitlement or Schedule of Voting Rights,

(e) register any new indefeasible title and any other registrable document that the registrar has required, and

(f) cancel the title to any land that is being consolidated with other land.

Easements following amendment

268  On the amendment of a strata plan under section 259, 262, 263 or 266, a new or changed strata lot and any new common property created by the plan is subject to the obligation of, and has the benefit of, easements that, immediately before the deposit, affected the land within the strata plan.

Division 2 — Amalgamation

Amalgamation

269  (1) Two or more strata corporations may amalgamate by entering into an amalgamation agreement that contains

(a) the terms and conditions of the amalgamation, and

(b) the bylaws that will apply to the proposed amalgamated strata corporation.

(2) The amalgamating strata corporations must proceed as follows:

(a) a resolution approving the amalgamation agreement must be passed by each of the amalgamating strata corporations by a 3/4 vote at an annual or special general meeting;

(b) an application to amalgamate the strata corporations must be made to the registrar accompanied by

(i)   the amalgamation agreement,

(ii)   a reference or explanatory plan, whichever the registrar requires, that

(A)  consolidates the strata plans into a single strata plan,

(B)  complies, as far as the registrar considers necessary, with sections 244 and 245, and

(C)  is in a form required under the Land Title Act for a reference or explanatory plan,

(iii)   a new Schedule of Unit Entitlement that meets the requirements of section 246, together with evidence of the superintendent's approval if the approval is required,

(iv)   if a Schedule of Voting Rights has been filed with the superintendent, a new Schedule of Voting Rights that meets the requirements of section 247 or 248, together with evidence of the superintendent's approval if the approval is required,

(v)   a Certificate of Strata Corporation in the prescribed form from each strata corporation, stating that the resolution referred to in paragraph (a) has been passed and that the reference or explanatory plan and the new Schedule of Unit Entitlement and any new Schedule of Voting Rights conform to the amalgamation agreement, and

(vi)   any bylaws of the amalgamated strata corporation that differ in any respect from the Standard Bylaws.

Registrar's duties on amalgamation

270  The registrar must, if satisfied that the application and accompanying documents received under section 269 comply with this Act and the Land Title Act and the regulations made under those Acts,

(a) comply with the requirements of section 267,

(b) endorse on the amalgamation agreement the name of the amalgamated strata corporation,

(c) file bylaws, if any, for the amalgamated strata corporation, and

(d) alter the indefeasible titles and amend all relevant plans in whatever way is necessary to give full effect to the amalgamation agreement.

Effect of amalgamation

271  On and after the date the registrar deposits the reference or explanatory plan,

(a) the amalgamating strata corporations are amalgamated and are continued as one strata corporation under the name endorsed on the amalgamation agreement,

(b) the amalgamated strata corporation is seized of, and holds and possesses, the property, rights and interests and is subject to the liabilities and obligations of each amalgamating strata corporation,

(c) the bylaws of the amalgamated strata corporation are the Standard Bylaws except to the extent that different bylaws have been filed with the registrar under section 269, and

(d) each owner in each amalgamating strata corporation is bound by the terms of the amalgamation agreement.

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