Land Title Practice Manual

247 Schedule Of Voting Rights Not Approved By Superintendent

In This Volume

  • 247 (1) If a strata plan has at least one nonresidential strata lot, the person applying to deposit the strata plan may establish a Schedule of Voting Rights in the prescribed form that sets out the number of votes per strata lot.
  • (2) In the Schedule of Voting Rights
  • (a) if a strata plan is composed of both residential and nonresidential strata lots,
    • (i) all residential strata lots must have one vote each, and
    • (ii) the number of votes for each nonresidential strata lot must be calculated as follows:
  unit entitlement of nonresidential strata lot  
  average unit entitlement of residential strata lots  
    • where the average unit entitlement of residential strata lots equals the total unit entitlement of all residential strata lots divided by the total number of residential strata lots, or
  • (b) if a strata plan is composed entirely of nonresidential strata lots, the number of votes for each strata lot must be calculated as follows:
  unit entitlement of strata lot  
  total unit entitlement of all strata lots  

1998-43-247, effective July 1, 2000 (B.C. Reg. 43/2000).

REGULATIONS AND FORMS

Schedule of Voting Rights, Form W

The Strata Property Regulation, B.C. Reg. 43/2000, at chapter 59 (Strata Property Regulations), prescribes Form W, Schedule of Voting Rights, for the purpose of s. 247 of the Act. Form W is included at chapter 60 (Strata Property Forms). For electronic submissions an image of the originally signed Form W must be submitted as a supporting document to the electronic Strata Property Act Filing form.

Electronic Submissions

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

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Registrar Does Not Review Schedule of Voting Rights

See s. 249(3) of the Act, which provides that the registrar is under no duty to ensure that a Schedule of Voting Rights complies with the Act or the regulations, or has been approved by the superintendent.

CASE LAW

Section 247 of the Strata Property Act and s. 72(1) of the Condominium Act both provide that the number of votes allotted to each strata lot is to be set out in the Schedule of Voting Rights deposited with the strata plan. The following case, decided under the Condominium Act, confirms this principle.

At a strata corporation’s annual general meeting, it was announced that votes for the election of a new strata council would be counted on a one vote per strata lot basis, and not in accordance with a schedule of voting rights attached to the strata plan registered in the land title office. The petitioner sought a declaration that the way in which votes were counted at the meeting was illegal or otherwise invalid. Section 72(1) of the Condominium Act provides that where a schedule is endorsed on a strata plan, the schedule shall be used to determine the manner of counting votes. A bylaw of the strata corporation providing that council shall be elected “by majority vote” does not establish the entitlement to vote and does not mean one vote per unit. Rather, these words mean the majority of the number of votes as set forth in the schedule. At a new election, the court ordered that the counting of votes be conducted in accordance with the schedule (KBK No. 181 Ventures Ltd. v. Lee, 1998 CanLII 4180 (BC SC), affirmed 1999 BCCA 142).