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257 Amending Strata Plan To Designate Limited Common Property

In This Volume

257 To amend a strata plan to designate limited common property, or to amend a strata plan to remove a designation of limited common property made by the owner developer at the time the strata plan was deposited or by amendment of the strata plan, the strata plan must be amended as follows:

  • (a) a resolution approving the amendment must be passed by a unanimous vote at an annual or special general meeting;
  • (b) an application to amend the strata plan must be made to the registrar accompanied by
    • (i) a reference or explanatory plan, whichever the registrar requires, that
      • (A) shows the amendment, and
      • (B) is in a form required under the Land Title Act for a reference or explanatory plan, and
    • (ii) a Certificate of Strata Corporation in the prescribed form stating that the resolution referred to in paragraph (a) has been passed and that the reference or explanatory plan conforms to the resolution.

1998-43-257, effective July 1, 2000 (B.C. Reg. 43/2000); 1999-21-43, effective July 1, 2000 (B.C. Reg. 43/2000); 2007-14-191, effective December 1, 2007 (B.C. Reg. 354/2007).

REGULATIONS AND FORMS

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

For electronic land title forms, see E-filing Directions at ltsa.ca. The Director’s directions for e-filing are reproduced at chapter 69 (Director’s Directions) in this Manual. For hardcopy land title transfer forms, see DR 04-11, Hardcopy Land Title Forms available at ltsa.ca.

Application to Deposit Strata Plan

Submissions

The director has approved the use of the electronic Application to Deposit Plan at Land Title Office. This form is reproduced in the Green Book and is available in at ltsa.ca.

The amended strata plan sheets designating or removing the designation of limited common property (LCP) tendered for deposit in a land title office must be accompanied by the electronic Application to Deposit Plan at Land Title Office. For amending electronically filed strata plans, select Strata (Amendment). For amending hardcopy strata plans, select Strata (Hardcopy Amendment).

Certificate of the Strata Corporation, Form E: Section 257(b)(ii)

The Strata Property Regulation prescribes Form E, Certificate of Strata Corporation, for the purpose of s. 257(b)(ii) of the Act.

Submissions

On the Strata Property Act Filing form, select Form E, Certificate of Strata Corporation, and attach an image of the original Form E or attach an image of the Form E to a Declaration.

The Declaration or Strata Property Act Filing form with attached Form E must be submitted in support of the Application to Deposit Plan at Land Title Office.

Notation on Common Property Record

See s. 14.14 of the Strata Property Regulation, which provides that, when an instrument designating limited common property is filed in the land title office, the registrar must note the designation on the common property record. If the designation is removed, the registrar must note the cancellation of the designation on the common property record.

PRACTICE

Instruments Filed in Support

Submissions

The director has approved the use of the electronic Survey Plan Certification Form. This form is reproduced in the Green Book and is available at ltsa.ca.

An electronic amended strata plan attached to a Survey Plan Certification form tendered for deposit in a land title office must be accompanied by the electronic Application to Deposit Plan at Land Title Office. The signatures of the owners and holders of registered charges and plan approvals are located in the appropriate schedules in the electronic Application to Deposit Plan at Land Title Office.

The Declaration or Strata Property Act Filing form with attached Form E must be submitted in support of the Application to Deposit Plan at Land Title Office.

Amended Sheet of Strata Plan

To amend a strata plan to designate or remove a designation of limited common property, the strata corporation must submit an amended sheet of the strata plan to the land title office. The amended sheet must be prepared by a British Columbia land surveyor. The amended sheet must contain all of the information from the original sheet of the plan and must be numbered as an amended sheet of the strata plan. Where a sheet is being amended multiple times, the amended sheets must be numbered in the following format: Amended sheet 1A of 6, Amended sheet 1B of 6. The plan title must include a “Pursuant to s. 257” statement. The registrar retains the original sheet on deposit and endorses a reference to the amended sheet on the original.

Information Required for Each Designation of Limited Common Property

The registrar requires that the following information be shown on an amended sheet for each limited common property designation:

  1. the dimensions of the limited common property;
  2. a notation indicating which strata lots are granted exclusive use of the limited common property, unless the plan makes it obvious in some other way which strata lots have been granted such use; and
  3. in the case of a bare land strata plan, posting in accordance with the requirements of Rules 7-10 to 7-11, Division 2 of Part 7, of the Survey and Plan Rules.

Information Required for Removal of Designation of Limited Common Property

If a designation of limited common property is being removed from the strata plan, the amended sheet of the strata plan must contain all of the information from the original sheet of the plan and make it evident what limited common property is being removed.

Reference or Explanatory Plan: Section 257(b)(i)

Under s. 257, the registrar does not accept a sketch plan. In determining whether a reference plan or an explanatory plan is required, the registrar considers the nature of the common property, the location of previously defined buildings and boundaries, and whether the plan is a bare land strata plan.

The registrar’s decision on whether to require a reference plan or an explanatory plan is guided by the considerations set out under s. 99 of the Land Title Act. With respect to an amendment to a strata plan to designate limited common property, the registrar prefers a reference plan. However, the registrar may accept an explanatory plan as long as:

  1. the new boundaries do not contain excessive curves or jogs and are not affected by a natural boundary; and
  2. the registrar is of the opinion that a survey is not required to establish the location of the boundaries on the ground.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Designation of Limited Common Property

See ss. 73 and 74 of the Act for the circumstances under which common property may be designated as limited common property by the owner developer, by amendment to the strata plan, or by a 3/4 vote of the strata corporation.

Removal of Designation of Limited Common Property

See s. 75 of the Act for the circumstances under which a designation of limited common property may be removed by amendment to the strata plan or by a 3/4 vote of the strata corporation.

CASE LAW

A 37-unit strata complex was constructed with a two-car garage attached to each unit. Each garage was designated in the strata plan as limited common property for the exclusive use of the adjacent unit. Seven units had an additional carport stall attached to the garage. These stalls were designated in the strata plan as limited common property for the exclusive use of the adjacent unit but were marked as visitor parking. The petitioners, owners of six units having additional stalls, commenced a petition claiming exclusive use of the additional stalls. The respondents, the majority of owners, commenced a petition claiming that the stalls had been designated as limited common property by mistake. The court dismissed the petitioners’ petition and allowed the respondents’ petition. On the evidence, it was apparent that the parking stalls had been designated as limited common property by mistake and that mistake was amenable to correction under s. 14.12 of the Strata Property Regulation. The respondents were entitled to a declaration that the parking stalls were common property for the use of visitors, and the registrar of land titles was directed to correct the strata plan accordingly (Chow v. Strata Plan NW 3243, 2017 BCSC 2331).