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In This Volume

  • 13.4 (1) The requirements of Part 3 of the Act apply to the first phase of a phased strata plan.
  • (2) The requirements of Part 3 of the Act do not apply to a phase other than the first phase of a phased strata plan except as set out in this section.
  • (3) If the first annual general meeting of the strata corporation established by the deposit of the first phase of a phased strata plan has not yet been held at the time that a new phase is deposited, the requirements of Part 3 of the Act apply to the new phase as if it were the first phase of a phased strata plan, but
  • (a) in respect of the application of sections 7 to 14 and 16 of the Act, the reference to the first conveyance of a strata lot must be interpreted as a reference to the first conveyance of any strata lot in the strata plan,
  • (b) in respect of the application of section 12 of the Act, the owner developer is not required to establish a separate contingency reserve fund for the new phase, but must pay the required amount into the contingency reserve fund of the strata corporation established by the deposit of the first phase of the phased strata plan,
  • (c) in respect of the application of section 13 of the Act, the interim budget referred to in section 13(1)(a) of the Act must be for the 12 month period following the deposit of the new phase rather than for the 12 month period following the first conveyance of a strata lot to a purchaser,
  • (d) in respect of the application of section 14 of the Act, the period referred to in section 14(1) must be interpreted as the period following the deposit of the new phase until the annual general meeting required under section 230 of the Act, and
  • (e) in respect of the application of sections 20(2)(a) and 22(b) of the Act, the reference to the annual general meeting in those sections must be interpreted as a reference to the annual general meeting required under section 230 of the Act.
  • (4) Subject to subsection (5), if the first annual general meeting of the strata corporation established by the deposit of the first phase of a phased strata plan has been held at the time that a new phase is deposited, sections 6(2), 12, 13, 14, 18, 20(2)(a) and (3), 22(b) and 23 of the Act apply to the new phase as if it were the first phase of a phased strata plan, but
  • (a) in respect of the application of section 12 of the Act, the owner developer is not required to establish a separate contingency reserve fund for the new phase, but must pay the required amount into the contingency reserve fund of the strata corporation established by the deposit of the first phase of the phased strata plan,
  • (b) in respect of the application of section 13 of the Act, the interim budget referred to in section 13(1)(a) of the Act must be for the 12 month period following the deposit of the new phase rather than for the 12 month period following the first conveyance of a strata lot to a purchaser,
  • (c) in respect of the application of section 14 of the Act, the period referred to in section 14(1) must be interpreted as the period following the deposit of the new phase until the annual general meeting required under section 230 of the Act, and
  • (d) in respect of the application of sections 20(2)(a) and 22(b) of the Act, the reference to the annual general meeting in those sections must be interpreted as a reference to the annual general meeting required under section 230 of the Act.
  • (5) If the strata corporation established by the deposit of the strata plan for the first phase of a phased strata plan has approved a budget at an annual general meeting before the deposit of a new phase, sections 6(2), 12, 13, 14(1) to (3) and (6) to (8), 20(2)(a) and (3), 22(b) and 23 of the Act, as modified under subsection (4) of this section, apply to the new phase as if it were the first phase of a phased strata plan, with the following changes:
  • (a) the interim budget referred to in section 13(1)(a) of the Act must be based on the budget approved by the strata corporation;
  • (b) the owner developer must calculate the contribution to the contingency reserve fund required under section 12 of the Act as a percentage of the estimated annual operating expenses as set out in the interim budget for the new phase of the strata plan only;
  • (c) in addition to the copy of the interim budget required to be delivered under section 13(1)(b)of the Act, the owner developer must deliver a copy of the most recent strata corporation budget to each prospective purchaser of a strata lot in the new phase before the prospective purchaser signs an agreement of purchase and sale.