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264 Calculation Of Unit Entitlement And Voting Rights Following Amendment

In This Volume

264 (1) If a strata plan amendment under section 259, 262 or 263 changes unit entitlement, a new Schedule of Unit Entitlement must be established in accordance with section 246 by using the same formula for calculations that was used to establish the Schedule of Unit Entitlement that is being replaced.

  • (2) If a strata plan amendment under section 259, 262 or 263 changes voting rights, a new Schedule of Voting Rights must be established in accordance with section 247 or 248 by using the same formula for calculations that was used to establish the Schedule of Voting Rights that is being replaced.
  • (3) If a strata plan amendment will result in a residential strata lot having less than one vote or more than one vote, a Schedule of Voting Rights in the prescribed form setting out the number of votes per strata lot must be established even if the strata plan does not have at least one nonresidential strata lot.
  • (4) Despite section 247(2)(a)(i), a Schedule of Voting Rights established under this section may provide that a residential strata lot has less than one or more than one vote.
  • (5) If an amendment to a Schedule of Unit Entitlement under section 261 changes unit entitlement, a new Schedule of Unit Entitlement must be established in accordance with section 246 by using the same formula for calculations that was used to establish the Schedule of Unit Entitlement that is being replaced.
  • (6) Each of the following must be submitted to the superintendent for approval:
  • (a) a new Schedule of Unit Entitlement established under subsection (1);
  • (b) a new Schedule of Voting Rights established under subsection (2);
  • (c) a new Schedule of Unit Entitlement established under subsection (5).

1998-43-264, effective July 1, 2000 (B.C. Reg. 43/2000); 2002-22-21, 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. 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 264(1)

The Strata Property Regulation prescribes Form V, Schedule of Unit Entitlement, for the purpose of s. 264(1) of the Act.

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 264(2)

The Strata Property Regulation prescribes Form W, Schedule of Voting Rights, for the purpose of s. 264(2) of the Act.

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.