194 Powers And Duties Of Section | Land Title Practice Manual

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194 (1) After the creation of sections, the strata corporation retains its powers and duties in matters of common interest to all the owners.

(2) With respect to a matter that relates solely to the section, the section is a corporation and has the same powers and duties as the strata corporation

(a) to establish its own operating fund and contingency reserve fund for common expenses of the section, including expenses relating to limited common property designated for the exclusive use of all the strata lots in the section,
(b) to budget and require section owners to pay strata fees and special levies for expenditures the section authorizes,
(c) to sue or arbitrate in the name of the section,
(d) to enter into contracts in the name of the section,
(e) to acquire and dispose of land and other property in the name of or on behalf of the section, and
(f) to enforce bylaws and rules.

(3) Despite subsection (2), a section must not enter into a contract, or sue or arbitrate, in the name of the strata corporation and the strata corporation has no liability for contracts made, or debts or legal costs incurred, by the section.
(4) A section may obtain insurance only

(a) against perils that are not insured by the strata corporation, or
(b) for amounts that are in excess of amounts insured by the strata corporation.

(5) For the purposes of subsection (4), a section has the same insurable interest as the strata corporation has in property contained within the section.
(6) Division 4 of Part 10 applies to a dispute between sections and between a section and the strata corporation.

1998-43-194, effective July 1, 2000 (B.C. Reg. 43/2000).

PRACTICE

Registration of Title to Property Acquired by Section

If a section of a strata corporation acquires real property, title is issued in the name of the section. The property is a common asset of the section. The registrar accepts a disposition of these common assets if the disposition is executed by the section. Execution by the full strata corporation is not required.

Disposition or Subdivision of Common Property

The Act only authorizes the designation of limited common property for the exclusive use of strata lots within a section. The creation of a section does not affect the ownership of the strata corporation’s common property. Accordingly, the land title office considers an application for the disposition or subdivision of the strata corporation’s common property as if the separate section did not exist.