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245 A strata plan tendered for deposit in a land title office must be accompanied by

  • (a) a Schedule of Unit Entitlement in the prescribed form that complies with section 246, and
    • (i) if the unit entitlement has been calculated in accordance with section 246(3)(a)(i) or (b)(i), a certificate of a British Columbia land surveyor that states that the schedule reflects the habitable area of residential strata lots and the total area of nonresidential strata lots, or
    • (ii) evidence of the superintendent’s approval if required under section 246,
  • (b) if voting rights are set out in a schedule, a Schedule of Voting Rights in the prescribed form that complies with section 247 or 248, together with evidence of the superintendent’s approval if the approval is required,
  • (c) the mailing address of the strata corporation as required by section 62(1),
  • (d) any bylaws that differ in any respect from the Standard Bylaws, and
  • (e) the number of copies of the plan required by the registrar.

1998-43-245, effective July 1, 2000 (B.C. Reg. 43/2000).

REGULATIONS AND FORMS

The Strata Property Regulation, B.C. Reg. 43/2000, is included at chapter 57 (Strata Property Regulations) in this Manual. The forms prescribed by the Strata Property Regulation are included at chapter 58 (Strata Property Forms) in this Manual.

Form of Documents

See s. 14.7 of Strata Property Regulation for instructions regarding the form of documents accompanying the strata plan.

Application to Deposit Strata Plan

Submissions

The Application to Deposit Plan at Land Title Office must be signed by all owners and approving authorities and the duplicate indefeasible title for the lands that are subject to the plan must be produced for cancellation if the duplicate is not already in the land title office.

Schedule of Unit Entitlement, Form V: Section 245(a)

The Strata Property Regulation prescribes Form V, Schedule of Unit Entitlement, for the purpose of s. 245(a) of the Act.

Electronic Plans

On the Strata Property Act Filing form, select Form V, Schedule of Unit Entitlement, and attach an image of the original Form V.

Schedule of Voting Rights, Form W: Section 245(b)

If voting rights are set out in a schedule, the Strata Property Regulation prescribes Form W, Schedule of Voting Rights, for the purpose of s. 245(b) of the Act.

Electronic Plans

On the Strata Property Act Filing form, select Form W, Schedule of Voting Rights, and attach an image of the original Form W.

Signature of Superintendent of Real Estate: Section 245(a)(ii) and (b)

If approval of the Superintendent of Real Estate is required under s. 245(a)(ii) or (b) of the Act, the signature of the superintendent or agent on Form V, Schedule of Unit Entitlement, or Form W, Schedule of Voting Rights, respectively, is evidence of that approval.

Strata Corporation Mailing Address, Form X: Section 245(c)

Section 14.6(1) of the Strata Property Regulation prescribes Form X, Strata Corporation Mailing Address, for the purpose of s. 245(c) of the Act.

Electronic Plans

On the Strata Property Act Filing form, select Form X, Strata Corporation Mailing Address, and attach an image of the original Form X.

Owner Developers’ Notice of Different Bylaws, Form Y: Section 245(d)

Section 14.6(2) of the Strata Property Regulation prescribes Form Y, Owner Developers’ Notice of Different Bylaws, for the purpose of s. 245(d) of the Act.

Electronic Plans

On the Strata Property Act Filing form, select Form Y, Owner Developers, Notice of Different Bylaws, and attach an image of the original Form Y.

Prints of Strata Plan: Section 245(e)

For hardcopy submissions, s. 14.4(1)(k) of the regulation requires one mylar copy of the strata plan, any paper prints that are necessary for the taxing authorities, and one paper print for the land title office. Six paper prints are sufficient to meet the requirement; however, six may be more than the registrar requires. Contact the land title office for the particular copy requirements.

First Phase Deposited before July 1, 2000

Section 17.17(2) of the Strata Property Regulation provides that if the first phase of a phased strata plan has been deposited in the land title office before July 1, 2000, the requirements for the schedule of unit entitlement, schedule of voting rights, schedule of interest on destruction, and address for service set out in ss. 1(2) to (6) and 4(f) to (i) of the Condominium Act and the forms required for those sections apply to all phases of the phased strata plan. Sections 245(a) to (c), 246 to 248, and 250(2)(a) to (c) of the Strata Property Act do not apply in these circumstances.

PRACTICE

Documents Accompanying Strata Plan

Submissions

The director has approved the use of the electronic Application to Deposit Plan at Land Title Office and the electronic Strata Property Act Filing form. These forms are reproduced in the Green Book and are also available at ltsa.ca.

The following documents are required to deposit an electronic strata plan:

  1. Electronic Application to Deposit Plan at Land Title Office. Select Strata, Strata (phased) or Strata Amendment as applicable from the drop-down menu in Item 3 of the form. The schedules containing all signatures of owners and approvers form part of this application;
  2. Image of the original strata plan attached to the Survey Plan Certification form;
  3. Image of Form V, Schedule of Unit Entitlement, attached to an electronic Strata Property Act Filing form (see s. 246 of the Act);
  4. Image of Form W, Schedule of Voting Rights, attached to electronic Strata Property Act Filing form, if voting rights are other than one vote per strata lot (see ss. 53, 247, and 248 of the Act);
  5. Image of Form X, Strata Corporation Mailing Address, attached to electronic Strata Property Act Filing form (see s. 62 of the Act);
  6. Image of Form Y, Owner Developers’ Notice of Different Bylaws, attached to electronic Strata Property Act Filing form, if applicable (see s. 120 of the Act); and
  7. Image of Form P, Phased Strata Plan Declaration, attached to electronic Strata Property Act Filing form, with the first phase of a phased strata plan (see s. 221 of the Act).

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Schedule of Standard Bylaws

See s. 1 of the Act for a definition of “Standard Bylaws” and the Schedule of Standard Bylaws included in this chapter of the Manual after s. 293 of the Act.

Schedule of Voting Rights

See s. 53 of the Act, which provides that each strata lot has one vote unless different voting rights are set out in a Schedule of Voting Rights.

Schedule of Interest upon Destruction

A schedule of interest upon destruction is not required when filing a strata plan under the Strata Property Act. See Part 16 of the Act regarding the cancellation of a strata plan and the winding up of a strata corporation.