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262 Amending Strata Plan To Make Land Held By Strata Corporation Into New Strata Lot

In This Volume

262 (1) Land that is held in the name of or on behalf of the strata corporation, but not shown on the strata plan, must not be added to a strata lot or used to create a new strata lot, unless

  • (a) it shares a common boundary with land in the strata plan,
  • (b) it is separated only by a highway, dike, stream or right of way from land in the strata plan, or
  • (c) it is separated from the land in the strata plan, but the approving officer is satisfied that the amendment to the strata plan would result in a viable development of benefit to the community.
  • (2) A strata lot in another strata plan may not be added to a strata lot or used to create a new strata lot under this section.
  • (3) To add land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, to a strata lot or to create a new strata lot out of that land, the strata plan must be amended as follows:
  • (a) subject to paragraph (b), a resolution approving the amendment must be passed by a 3/4 vote at an annual or special general meeting;
  • (b) a resolution approving the amendment must be passed by a unanimous vote at an annual or special general meeting if
    • (i) the amendment will change the unit entitlement of a strata lot,
    • (ii) the amendment will decrease the relative voting power of a strata lot, other than the strata lot being added to or created, or
    • (iii) the amendment will increase the share of common expenses borne by a strata lot, other than the strata lot being added to or created;
  • (c) 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,
      • (B) complies, as far as the registrar considers necessary, with sections 244 and 245, and
      • (C) is in a form required under the Land Title Act for a reference or explanatory plan,
    • (ii) a certificate signed by an approving officer indicating that the proposed amendment complies with any applicable municipal or regional district bylaws, Nisga’a Government laws or treaty first nation laws,
    • (iii) if the amendment changes the unit entitlement of any strata lot, a new Schedule of Unit Entitlement that meets the requirements of section 264, together with evidence of the superintendent’s approval,
    • (iv) if the amendment changes the voting rights of any strata lot, a Schedule of Voting Rights that meets the requirements of section 264, together with evidence of the superintendent’s approval,
    • (v) a Certificate of Strata Corporation in the prescribed form stating that the resolution referred to in paragraph (a) or (b), whichever is required, has been passed and that the reference or explanatory plan and any new Schedule of Unit Entitlement or Schedule of Voting Rights conform to the resolution,
    • (vi) a transfer of any land that is being added to the strata lot or made into a new strata lot, and
    • (vii) any document required by the registrar to resolve the priority of interests of any holders of registered charges against the land affected by the amendment.

1998-43-262, effective July 1, 2000 (B.C. Reg. 43/2000); 2002-22-19 (part) and 20, effective June 21, 2002 (B.C. Reg. 149/2002); 2007-14-191, effective December 1, 2007 (B.C. Reg. 354/2007); 2007-36-173, 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 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 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, Survey Plan Certification Form, and Declaration. These forms are reproduced in the Green Book and are also available at ltsa.ca.

An application to amend a strata plan to add to, consolidate, or divide a strata lot must be in an electronic Application to Deposit Plan at Land Title Office and include the Survey Plan Certification with attached plan. Supporting documentation, including a Form E, must be attached to a Declaration and submitted immediately following the plan application. A Form E may be attached to a Strata Property Act Filing form rather than a Declaration and submitted following the electronic application.

Approval by Approving Officer: Section 262(3)(c)(ii)

There is no prescribed form for the certificate that the approving officer endorses on the plan.

Schedule of Unit Entitlement, Form V: Section 262(3)(c)(iii)

The Strata Property Regulation prescribes Form V, Schedule of Unit Entitlement, for the purpose of s. 262(3)(c)(iii) of the Act.

Electronic Plans

The director has approved the use of the electronic Strata Property Act Filing form. This form is reproduced in the Green Book, is available in Web Filing using a myLTSA Enterprise account, or can be downloaded from ltsa.ca.

Form V is in the class of supporting documents designated by the director for electronic filing.

Schedule of Voting Rights, Form W: Section 262(3)(c)(iv)

The Strata Property Regulation prescribes Form W, Schedule of Voting Rights, for the purpose of s. 262(3)(c)(iv) of the Act.

Electronic Plans

The director has approved the use of the electronic Strata Property Act Filing form. This form is reproduced in the Green Book, is available in Web Filing using a myLTSA Enterprise account, or can be downloaded from ltsa.ca.

Form W is in the class of supporting documents designated by the director for electronic filing.

Certificate of Strata Corporation, Form E: Section 262(3)(c)(v)

The Strata Property Regulation prescribes Form E, Certificate of Strata Corporation, for the purpose of s. 262(3)(c)(v) of the Act.

Submissions

The Form E must be attached to the Application to Deposit Plan at Land Title Office. To attach the Form E, 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.

Building Not Previously Shown on Strata Plan

The following forms are required, where applicable, if the land being consolidated includes a building that was not previously shown on the strata plan. See ss. 241 and 242 of the Act.

Endorsement of Nonoccupancy, Form S

Submissions

On the Survey Plan Certification form, select Form S, Endorsement of Nonoccupancy, and attach an image of the plan.

Section 14.5(3) of the Strata Property Regulation states that the endorsement of nonoccupancy required by s. 241(1) of the Act must be in Form S, Endorsement of Nonoccupancy. This certificate is effective for 180 days. Form S is included at chapter 58 (Strata Property Act Forms) in this Manual.

Endorsement by Approving Authority, Form T

Submissions

On the Application to Deposit Plan at Land Title Office, click Add Approver Signature and select Form T from the Approval Type drop down menu on the Schedule of Approving Officers and Provincial Approvers.

Section 14.5(4) of the Strata Property Regulation states that the approval of the approving authority required by s. 242(7) or (8) of the Act must be in Form T, Endorsement by Approving Authority. The approving authority does not sign Form T until any conditions or terms that have been imposed by the approving authority have been fulfilled. Section 242(9) of the Act specifies that the endorsement must not be dated more than 180 days before the date of the strata plan deposit. Form T is included at chapter 58 (Strata Property Forms) in this Manual.

Endorsement of Surveyor, Form U

Form U is required if the strata plan includes a building that was not previously shown on the plan.

Submissions

On the Survey Plan Certification form, select Strata Form U1 or Strata Form U1/U2 and attach an image of the plan.

Section 14.5(5) of the Strata Property Regulation provides that the endorsement of the British Columbia land surveyor referred must be in Form U, Endorsement of Surveyor.

Amended Schedule of Interest on Destruction, Form Z.1

See s. 17.20(2) of the Strata Property Regulation, which states that an application made under s. 262 of the Act by a strata corporation that is subject to a schedule of interest on destruction must be accompanied by an Amended Schedule of Interest on Destruction and a Certificate of Strata Corporation in the prescribed form. Section 17.20(2) of the regulation sets out the requirements for both documents. The Strata Property Regulation prescribes Form Z.1, Amended Schedule of Interest on Destruction, and Form E, Certificate of Strata Corporation, for the purpose of s. 259 of the Act.

Section 17.20(3) of the Strata Property Regulation states that the Amended Schedule of Interest on Destruction must be approved by a unanimous vote at an annual or special general meeting.

PRACTICE

Instruments Filed in Support

Submissions

The director has approved the use of the electronic Application to Deposit Plan at Land Title Office, Survey Plan Certification, Declaration, and Strata Property Act Filing form. These forms are reproduced in the Green Book and are available ltsa.ca.

An application to amend the strata plan to add to, consolidate, or divide a strata lot must be in an electronic Application to Deposit Plan at Land Title Office and include the Survey Plan Certification with attached plan. Supporting documentation, including a Form E, must be attached to a Declaration and submitted immediately following the plan application. A Form E may be attached to a Strata Property Act Filing form rather than a Declaration and submitted following the electronic plan application.

Amended Sheet of Strata Plan

Submissions

The amended sheet of the strata plan 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. New strata lots must continue the existing numbering series of the original strata plan (or last division or consolidation).

The amended sheet must contain an appropriate plan title indicating the lands involved and state “Pursuant to s. 262”. The surveyor includes the original strata plan number on the amended sheet.

The registrar adds the amended sheet to the original strata plan, and issues a new title for each new strata lot.

Reference or Explanatory Plan

Under s. 262, 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 make land held by the strata corporation into a new strata lot, 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.

Two-step Process for Amending the Strata Plan to Make Common Property That Is Part of a Building into a Strata Lot

Amending a strata plan, other than a bare land strata plan, for the purpose of making common property into a strata lot is a two-step process, and the following applications must be made at the same time.

Submissions

First, an electronic application is required under s. 265 to deposit an explanatory plan or reference plan subdividing common property out of the strata plan:

  • (1) The plan must comprise only that portion of the common property that is to be subdivided out of the strata plan.
  • (2) The Application to Deposit Plan at Land Title Office must be completed by selecting:
  • (a) STRATA AMENDMENT from the drop-down menu as required under s. 265 of the Act; and
  • (b) a SCHEDULE OF OWNERS AND WITNESSES, including all registered owners in fee simple of all the strata lots and all registered charge holders of the strata lots or common property as required under s. 97 of the Act.
  • (3) The application must be printed and signed by all the owners prior to applying the electronic signature.
  • (4) An image of the original explanatory or reference plan, subdividing the common property out of the strata plan, must be attached to the Survey Plan Certification.

In accordance with s. 253(4), the deposit of the plan subdividing common property operates to create a new parcel of land to be held in the name of the strata corporation but not shown on the existing strata plan.

  • (5) Second, the s. 265 application to subdivide common property must be packaged with a s. 262 application to amend the strata plan to make the land held by the strata corporation into a new strata lot, and must include all of the documentation required under s. 262(3) of the Act.

Schedule of Unit Entitlement, Form V

If the strata plan amendment changes the unit entitlement, a new schedule of unit entitlement is required. The new schedule of unit entitlement must be filed as a separate document. It must be based on the same formula that was used to establish the previous schedule of unit entitlement, and it 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.

Electronic Plans

The director has approved the use of the electronic Strata Property Act Filing form. This form is reproduced in the Green Book, is available in Web Filing using a myLTSA Enterprise account, or can be downloaded from ltsa.ca.

Form V is in the class of supporting documents designated by the director for electronic filing.

Schedule of Voting Rights, Form W

If the strata plan amendment changes voting rights, a new schedule of voting rights is required. The new schedule of voting rights must be filed as a separate document. It must be based on the same formula that was used to establish the previous schedule of voting rights, and it 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.

Electronic Plans

The director has approved the use of the electronic Strata Property Act Filing form. This form is reproduced in the Green Book, is available in Web Filing using a myLTSA Enterprise account, or can be downloaded from ltsa.ca.

Form W is in the class of supporting documents designated by the director for electronic filing.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Signatures of Owners and Charge Holders

See s. 244(1)(g) of the Act regarding the requirements for the signatures of owners and charge holders.

Registrar Does Not Review Schedules of Unit Entitlement and Voting Rights

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