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In This Volume

261 (1) To amend a Schedule of Unit Entitlement to reflect a change in the habitable area of a residential strata lot in a strata plan in which the unit entitlement of the strata lot is calculated on the basis of habitable area in accordance with section 246(3)(a)(i) or on the basis of square footage in accordance with section 1 of the Condominium Act, R.S.B.C. 1996, c. 64, the schedule 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 schedule must be made to the registrar accompanied by
    • (i) a new Schedule of Unit Entitlement that meets the requirements of section 246, together with evidence of the superintendent’s approval, 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 Schedule of Unit Entitlement conforms to the resolution.
  • (2) The registrar must, if satisfied that the application and accompanying documents to amend the Schedule of Unit Entitlement comply with the requirements of this Act and the regulations, file the Schedule of Unit Entitlement.

1998-43-261, effective July 1, 2000 (B.C. Reg. 43/2000); 2002-22-19 (part), effective June 21, 2002 (B.C. Reg. 149/2002).

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.

Schedule of Unit Entitlement, Form V: Section 261(1)(b)(i)

The Strata Property Regulation prescribes Form V, Schedule of Unit Entitlement, for the purpose of s. 261(1)(b)(i) of the Act.

Submissions

On the Strata Property Act Filing form, select Form V, Schedule of Unit Entitlement, and attach an image of the original Form V.

Certificate of Strata Corporation, Form E: Section 261(1)(b)(ii)

The Strata Property Regulation prescribes Form E, Certificate of the Strata Corporation, for the purpose of s. 261(1)(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.

Where Form E is required in support of a transaction, the Declaration or Strata Property Act Filing form with the attached image of the Form E must be submitted immediately following the electronic document it supports.

PRACTICE

Changes in Habitable Area of Residential Strata Lot

A new schedule of unit entitlement, in Form V, is required and filed as a separate document. The schedule must be based on the formula set out under s. 246(3)(a)(i) of the Act or based on square footage under s. 1 of the Condominium Act. The new schedule must cover all of the lots in the strata plan, not just the lots affected by the amendment. The registrar confirms that the schedule is included in the application and, where applicable, that the schedule has been signed by a British Columbia land surveyor.

Changes in Unit Entitlement by Court Order

A certified copy of the court order must be filed with the new schedule of unit entitlement where the court has ordered an amendment to a schedule of unit entitlement under s. 246(7) of the Act. The order must state that the new schedule of unit entitlement accurately reflects the habitable area or square footage of the strata lots.

Submissions

Where a court order is required in support of the new schedule of unit entitlement, the Declaration with the attached image of the court order is submitted in support of the new schedule of unit entitlement.

On the Declaration form, include a brief description of the supporting document and attach an image of the court certified copy of the court order to the Declaration.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

“Habitable Area”

See s. 14.2 of the Strata Property Regulation regarding the definition of “habitable area” as it is used in this section and s. 246 of the Act.

Procedures for Changing Habitable Area of Residential Strata Lot

See s. 70(4) of the Act regarding the procedures an owner must follow to decrease or increase the habitable area of a residential strata lot. See also s. 5.1 of the Strata Property Regulation regarding minor changes to the habitable area of a residential strata lot.

Registrar Does Not Review Schedule of Unit Entitlement

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