Land Title Practice Manual

231 Deemed Election To Proceed

In This Volume

  • 231 On the date contained in the Phased Strata Plan Declaration for the election to proceed with a phase, the owner developer is conclusively deemed to have elected to proceed with that phase as set out in the declaration unless
  • (a) an amendment to the declaration has been approved in accordance with section 232 or 233, or
  • (b) an election not to proceed has been made and filed under section 235.

1998-43-231, effective July 1, 2000 (B.C. Reg. 43/2000); 2000-26-65.

CASE LAW

Deemed Election under Condominium Act

The language in s. 231 of the Strata Property Act enacts, in statutory form, the decision of the court in Re Delhaven Place Developments Ltd. In this case, the court interpreted the words “deemed to have elected to proceed” in s. 78(7) of the Condominium Act in the following way.

The petitioner developer filed a Form E declaring the dates by which it would elect whether or not to proceed with the second and third phases in a strata development. After the expiry of the election date for phase two, the petitioner applied to the approving officer for an extension of time. The requirements of Form E are prescribed and mandatory. Under s. 78(7) of the Condominium Act, where a developer has not informed the strata corporation, the approving officer, and the land title office of his or her election not to proceed, he or she shall be deemed to have elected to proceed. The date for election is the date declared in the original Form E unless the date has been varied before its election (Re Delhaven Place Developments Ltd., [1992] B.C.J. No. 2637 (QL) (S.C. Master)).