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258 Parking Designated By Owner Developer As Limited Common Property

In This Volume

258 (1) An owner developer may, at any time before the first annual general meeting of the strata corporation, amend the strata plan to designate parking stalls as limited common property for the exclusive use of owners of strata lots in the strata plan.

  • (2) In designating parking stalls under subsection (1), the owner developer acts as the council and must
  • (a) act honestly and in good faith with a view to the best interests of the strata corporation, and
  • (b) exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances.
  • (3) An owner developer may, at any time before the first annual general meeting of the strata corporation, amend the strata plan to designate a maximum of 2 extra parking stalls as limited common property for the exclusive use of the owners of each strata lot in the strata plan.
  • (4) In this section, “extra parking stalls” means any parking stalls, on land shown on the strata plan as set aside for parking, that are in addition to the total number of parking stalls calculated by adding
  • (a) one stall per strata lot, or any greater number of stalls required by an applicable municipal bylaw, Nisga’a Government law, treaty first nation law or other enactment, plus
  • (b) one stall per 10 strata lots for visitor parking or any greater number of visitor parking stalls required by an applicable municipal bylaw, Nisga’a Government law, treaty first nation law or other enactment.
  • (5) In designating extra parking stalls under subsection (3), the owner developer is not required to act with a view to the best interests of the strata corporation, but must act honestly and in good faith and exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances.
  • (6) A designation of parking stalls under subsection (1) or (3) does not require approval by a resolution at an annual or special general meeting.
  • (7) An application to amend the strata plan under this section must be made to the registrar accompanied by 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.

1998-43-258, effective July 1, 2000 (B.C. Reg. 43/2000); 2002-22-17, effective June 21, 2002 (B.C. Reg. 149/2002); 2007-14-191, effective December 1, 2007 (B.C. Reg. 354/2007); 2007-36-172, effective April 3, 2009 (B.C. Reg. 55/2009).

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 in the Strata Property Regulation are included at chapter 58 (Strata Property Forms) in this Manual.

For electronic plans, see the Land Title EFS Requirements for Electronic Land Title Plans at ltsa.ca under “Practice Info”, “E-filing User Guides and Publications”.

For electronic land title forms, see E-filing Directions at ltsa.ca under “Practice Info”, “E-filing User Guides and Publications”.

For hardcopy land title transfer forms, see Hardcopy Land Title Forms (DR 04-11) at ltsa.ca.

Application to Deposit Strata Plan

Submissions

For electronic plans, the director has approved the electronic Application to Deposit Plan at Land Title Office. This form is available at ltsa.ca.

The signature blocks that are required normally on a hardcopy plan are available in one of three schedules in the electronic Application to Deposit Plan at Land Title Office. Each signature block is accessed and created by clicking on Add Owner/Charge Signatures, Add Approver Signatures, or Add SG Signatures buttons at the bottom of the form. Selection from the drop-down menu in each of the signature schedules automatically populates the signature or witness field with the appropriate editable text for the schedule selected. For assistance in completing the form, see the Land Title Electronic Plan Application Help Guide at ltsa.ca.

Notation on Common Property Record

See s. 14.14 of the Strata Property Regulation, which provides that the registrar must note on the common property record any designation of limited common property.

Amendment of Phased Strata Plan by Owner Developer

Section 13.6 of the Strata Property Regulation provides that an owner developer may amend a phased strata plan to designate parking stalls as limited common property in a phase only up to the date of the annual general meeting required by the deposit of that phase under s. 230 of the Act.

Strata Plan Deposited under the Condominium Act

Section 17.19 of the Strata Property Regulation states that s. 258 of the Strata Property Act does not apply to a strata plan deposited under the Condominium Act, although it does apply to a phase of a phased strata plan deposited after July 1, 2000.

PRACTICE

Instruments Filed in Support

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 at ltsa.ca.

The owner developer must submit an electronic Application to Deposit Plan at Land Title Office and a Survey Plan Certification form with the amended strata plan attached. Supporting documentation, if any, must be attached to an electronic Declaration and 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 parking stalls as limited common property, the owner developer 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. 258” 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.

Reference or Explanatory Plan

Under s. 258, 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 parking stalls as 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.

Designation of Parking Stalls

In addition to the amended sheet and the reference or explanatory plan, the owner developer must submit a designation of parking stalls that includes a statement that the amendment to the strata plan is made prior to the first annual general meeting of the strata corporation. The designation must be signed by the owner developer.

Submissions

The signature of the owner developer appears on the electronic Application to Deposit Plan at Land Title Office. This form is available at ltsa.ca.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

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.