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  • 17.3 (1) Sections 10, 12(1) to (3) and 14(5) of the Act do not apply to an owner developer with respect to a strata corporation for which, before the coming into force of this section,
  • (a) a developer, as defined in the Real Estate Act, has submitted, and the superintendent has accepted and filed, a prospectus under that Act with respect to the strata plan establishing that strata corporation,
  • (b) a developer, as defined in the Real Estate Act, has submitted, and the superintendent has accepted for filing, a disclosure statement under that Act with respect to the strata plan establishing that strata corporation,
  • (c) the superintendent has exempted a developer, as defined in the Real Estate Act, individually with respect to the strata plan establishing that strata corporation from the requirements under that Act to submit for filing a prospectus and a disclosure statement, or
  • (d) if
    • (i) the submission and filing referred to in paragraphs (a) and (b) are not required under the Real Estate Act, or
    • (ii) a developer, as defined in the Real Estate Act, is exempt under that Act, other than as referred to in paragraph (c) of this section, from the requirement to submit for filing a prospectus and the requirement to submit for filing a disclosure statement with respect to the strata plan establishing that strata corporation,
    • a developer has obtained
    • (iii) a building permit for all buildings in the strata plan establishing that strata corporation or, if it is a phased strata plan, for all buildings in the first phase, or
    • (iv) if it is a bare land strata plan establishing that strata corporation, preliminary layout approval.
  • (2) If a strata plan was deposited under the Condominium Act, and the owner developer holds the first annual general meeting within the time limit that would have applied if the relevant provisions of the Condominium Act were still in force, section 17(b) of the Act does not apply.

[am. B.C. Reg. 237/2000.]