Land Title Practice Manual

175 Application Of This Division

In This Volume

  • 175 (1) This Division applies to a dispute referred to in section 177 if any of the parties to the dispute is an owner or tenant at the time the dispute arises.
  • (2) Despite subsection (1), this Division does not apply if
  • (a) Part 5 or 5.1 of the Residential Tenancy Act or Part 6 or 6.1 of the Manufactured Home Park Tenancy Act applies to the dispute, or
  • (b) Part 5 or 5.1 of the Residential Tenancy Act or Part 6 or 6.1 of the Manufactured Home Park Tenancy Act does not apply to the dispute and all parties have agreed that the Arbitration Act will apply.

1998-43-175, effective July 1, 2000 (B.C. Reg. 43/2000); 2006-35-117, effective October 1, 2006 (B.C. Reg. 234/2006); 2011-25-481, effective March 18, 2013 (B.C. Reg. 131/2012); 2017-18-91.

REGULATIONS

Arbitration Commenced under the Condominium Act

Section 17.16 of the Strata Property Regulation, B.C. Reg. 43/2000, provides that if arbitration has already commenced under s. 44 of the Condominium Act, s. 45 of the Condominium Act applies to that arbitration and ss. 175 to 189 of the Strata Property Act do not apply. Section 45 sets out the procedure for arbitration proceedings. The Strata Property Regulation is included at chapter 59 (Strata Property Regulations).