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263 Amending Strata Plan To Add A Strata Lot To Common Property

In This Volume

263 (1) A strata lot or part of a strata lot may not be added to common property unless it is free of mortgages or any other charges that may result in a transfer of an estate or interest in the strata lot.

  • (2) To add a strata lot or part of a strata lot to common property, 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,
      • (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) 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,
    • (iii) 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,
    • (iv) 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 and any new Schedule of Unit Entitlement or Schedule of Voting Rights conform to the resolution,
    • (v) a transfer of any land that is being added to the common property, and
    • (vi) any document required by the registrar to ensure that the land being added to the common property is free of mortgages or charges referred to in subsection (1).

1998-43-263, effective July 1, 2000 (B.C. Reg. 43/2000); 2002-22-19 (part), effective June 21, 2002 (B.C. Reg. 149/2002); 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 under “Practice Info”, “E-filing User Guides and Publications”. The Director’s directions for e-filing are also reproduced at chapter 69 (Director’s Directions) in this Manual.

For hardcopy land title transfer forms, see Hardcopy Land Title Forms (DR 04-11) 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, Declaration, or Strata Property Act Filing form. These forms are reproduced in the Green Book, and are available at 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.

Schedule of Unit Entitlement, Form V: Section 263(2)(b)(ii)

The Strata Property Regulation prescribes Form V, Schedule of Unit Entitlement, for the purpose of s. 263(2)(b)(ii) 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 263(2)(b)(iii)

The Strata Property Regulation prescribes Form W, Schedule of Voting Rights, for the purpose of s. 263(2)(b)(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 W is in the class of supporting documents designated by the director for electronic filing.

Certificate of the Strata Corporation, Form E: Section 263(2)(b)(iv)

The Strata Property Regulation prescribes Form E, Certificate of the Strata Corporation, for the purpose of s. 263(2)(b)(iv) 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.

The Declaration or Strata Property Act Filing form is submitted immediately following the document it supports.

Amended Schedule of Interest on Destruction, Form Z.1

Submissions

On the Strata Property Act Filing form, select Form Z.1, Amended Schedule of Interest on Destruction, and attach an image of the original Form Z.1.

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.

An application to amend the strata plan to add a strata lot to the common property 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 a 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. The amended sheet must contain an appropriate plan title indicating which strata lots have been added to the common property and state “Pursuant to s. 263”.

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. 263, 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 add a strata lot to 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.

Release of Charges

A mortgage or charge that may result in a transfer of an estate or interest in a strata lot must be released prior to the deposit of the strata plan amendment. The registrar accepts releases under s. 263(1) and the passing of a unanimous resolution under s. 263(2)(a) in lieu of the signatures of all of the registered owners of the strata lots. However, registered charge holders of either the strata lots or the common property must sign the amended plan if they are adversely affected by the amendment.

Submissions

The director has approved the electronic Form C Release and Declaration. These forms are reproduced in the Green Book are available in Web Filing using a myLTSA Enterprise account, or can be downloaded from ltsa.ca.

A resolution passed by a strata corporation is in the class of supporting documents designated by the director for electronic filing.

Form of Transfer

If the strata lot that is being added to the common property has not been transferred previously to the strata corporation, the transfer must be completed before the deposit of the strata plan amendment.

A strata lot from another strata plan may not be added to the common property of a different strata plan.

Submissions

The director has approved the electronic Form A and Declaration. These forms are reproduced in the Green Book, are available in Web Filing using a myLTSA Enterprise account, or can be downloaded from ltsa.ca.

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

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.