233 Other Amendments To Declaration

233 (1) An owner developer who wishes to amend a Phased Strata Plan Declaration, other than by extending the time for an election under section 232, must apply to an approving officer for approval of the amendment.

• (2) Unless otherwise agreed between the owner developer and the strata corporation, if the owner developer amends the declaration to reduce the unit entitlement of a subsequent phase, the approving officer may require the owner developer to contribute to the expenses of the strata corporation that are attributable to the common facilities as if the unit entitlement in the subsequent phase had not been reduced.
• (3) Subsection (2) applies only if

• (a) common facilities have been constructed in the existing phases, or
• (b) the strata corporation has become contractually obligated to contribute toward the operating costs of common facilities on a separate parcel.

• (4) On application by the strata corporation, the Supreme Court may order that the owner developer pay money, post a bond, provide a letter of credit or provide other security for the owner developer’s share of the expenses of the strata corporation under subsection (2).
• (5) On application by the strata corporation, the Supreme Court may determine whether the amendment to the Phased Strata Plan Declaration significantly alters the common facilities to be built in a subsequent phase in a way that is unfair to the strata corporation.
• (6) If the court determines that the amendment is a significant and unfair alteration, the court may make one or both of the following orders:

• (a) that the owner developer complete whatever common facilities the court considers equitable;
• (b) that some or all of the security provided for the common facilities be paid as provided by the court.

• (7) An agreement referred to in subsection (2) must be approved by a resolution passed by a 3/4 vote at an annual or special general meeting, and for the purposes of that 3/4 vote, the owner developer is not an eligible voter.

1998-43-233, effective July 1, 2000 (B.C. Reg. 43/2000).