Skip to main content

232 Amendment Of Declaration To Extend Time For Election

In This Volume

232 (1) An owner developer who wishes to amend a Phased Strata Plan Declaration to extend the time for making an election to proceed with the next phase must apply to an approving officer for an amendment extending the time in which to make the election.

  • (2) The approving officer must not allow a declaration to be amended to extend the time for the election
  • (a) more than once, or
  • (b) for more than one year from the date stated in the declaration,
  • except in accordance with a court order under subsection (3).
  • (3) On application of an owner developer, the Supreme Court may order an approving officer to grant the extension of time requested.

1998-43-232, effective July 1, 2000 (B.C. Reg. 43/2000).

PRACTICE

Amendment or Extension within Limits

The registrar checks to ensure that the application to extend the time for making the election to proceed complies with s. 232(2)(a) and (b) of the Act.

Submissions

On the Strata Property Act Filing form, select Form PA, Amended Phased Strata Plan Declaration, and attach an image of the amended Form P and, where applicable, a court certified copy of the court order extending the time.

Transfer of Remainder of Property after Extension of Time

Owner developers may transfer the remainder of the property in a phased strata plan after obtaining an extension of time within which to make an election. A sale of the remainder is subject to the phased strata regime that has been established. Following the sale, the purchaser must obtain the approval of the approving officer to a new Form P, Phased Strata Plan Declaration, and must file the Form P with the registrar.