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248 Schedule Of Voting Rights Approved By Superintendent

In This Volume

248 (1) If a strata plan has at least one nonresidential strata lot, the person applying to deposit the strata plan may submit to the superintendent for approval a Schedule of Voting Rights in the prescribed form that sets out the number of votes per strata lot in a way that is different from the requirements of section 247.

  • (2) The superintendent must approve the Schedule of Voting Rights if satisfied that it establishes a fair distribution of votes among owners.

1998-43-248, 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.

Schedule of Voting Rights, Form W

The Strata Property Regulation prescribes Form W, Schedule of Voting Rights, for the purpose of s. 248 of the Act. 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.

Submissions

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

Fees Payable to Superintendent

See s. 14.8 of the Strata Property Regulation for the fee payable to the Superintendent of Real Estate for examining the Schedule of Voting Rights under s. 248 of the Act.

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.

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.