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In This Volume

160 (1) If the strata corporation decides not to repair or replace the damaged property and the strata plan is not cancelled, any of the following persons may apply to the Supreme Court for an order under this section:

  • (a) an owner;
  • (b) the holder of a registered charge against a strata lot;
  • (c) an insurer of land shown on the strata plan;
  • (d) any other person the court considers an appropriate person.
  • (2) On application by a person referred to in subsection (1), the court may, by order, implement a scheme to do one or more of the following:
  • (a) rebuild some or all of the damaged property or to make some other use of the land;
  • (b) provide for the interests of the owners and registered charge holders on a just and equitable basis.
  • (3) The court may make any order it considers advisable to give effect to the scheme, including, without limitation, orders with respect to
  • (a) the payment of insurance money received by the strata corporation,
  • (b) the discharge of the liabilities of the strata corporation, the persons liable to contribute to the discharge and their share of the liability,
  • (c) the amendment of the strata plan,
  • (d) the transfer or conveyance of the interest of owners whose strata lots have been wholly or partially destroyed to the other owners in proportion to the unit entitlements of the strata lots of the other owners, and for the compensation of the owners whose interests have been transferred or conveyed,
  • (e) the sale of land shown on the strata plan, or the sale of the common assets, and
  • (f) the distribution of any of the common assets of the strata corporation.

1998-43-160, effective July 1, 2000 (B.C. Reg. 43/2000).

REGULATIONS AND FORMS

Filing of Court Orders

Section 9.3 of the Strata Property Regulation, B.C. Reg. 43/2000, states that the strata corporation must file a certified copy of any court order made under s. 160 of the Act in the land title office. The Strata Property Regulation is included at chapter 57 (Strata Property Regulations) in this Manual.

Submissions

On the Strata Property Act Filing form, select Court Order, Strata Property Act, and attach an image of the court certified copy of the court order.