254 Certificate Of Strata Corporation

REGULATIONS AND FORMS

Certificate of Strata Corporation, Form E

The Strata Property Regulation, B.C. Reg. 43/2000, at chapter 58 (Strata Property Regulations), prescribes Form E, Certificate of Strata Corporation, for the purpose of s. 254 of the Act. Form E is included at chapter 59 (Strata Property Forms).

Submissions

In some instances, the Form E is submitted by itself. In this instance, use the Strata Property Act Filing form, select Form E, Certificate of Strata Corporation, and attach an image of the original Form E.

In other instances, the Form E is submitted in support of a related document. If the form E is required in relation to another document, it must be attached to that document. To attach the Form E to another document, use the Strata Property Act Filing form, select Form E, Certificate of Strata Corporation, and attach an image of the original Form E or use the Declaration form, describe the Form E, and attach an image of the original Form E.

CASE LAW

Certificate as Conclusive Evidence

Section 254 of the Strata Property Act and s. 20(8) of the Condominium Act both state that a Certificate of Strata Corporation is, as far as the registrar is concerned, conclusive evidence of the facts stated in it. The following case, decided under the Condominium Act, confirms this principle.

Section 20(8) of the Condominium Act is not intended to give easements created by a strata corporation any different status as a charge under the Land Title Act than easements created by an ordinary corporation or an individual. The section is intended only to relieve the registrar of the necessity of seeking evidence beyond the certification contained in the Certificate of Strata Corporation that the requirements of the Condominium Act were satisfied (Strata Plan 830 v. Rhodo Holdings Ltd., 1994 CanLII 1826 (BC SC); see also the annotations for this decision under s. 26 of the Land Title Act).