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266 Amending Strata Plan To Add Land Held By Strata Corporation To The Common Property

In This Volume

266 (1) Land that is held in the name of or on behalf of the strata corporation, but not shown on the strata plan, may not be added to the common property unless it is free of mortgages and other charges referred to in section 263(1), and one of the following requirements is met:

  • (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;
  • (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 the common property 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 common property, the strata plan must be amended as follows:
  • (a) a resolution approving the amendment must be passed by a 3/4 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) 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 conforms to the resolution,
    • (iii) any document required by the registrar to resolve the priority of interests of any holders of registered charges against the land held in the name of or on behalf of the strata corporation, and
    • (iv) any document required by the registrar to ensure that the land being added to the common property is free of mortgages and charges referred to in section 263(1).

1998-43-266, effective July 1, 2000 (B.C. Reg. 43/2000); 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. This form is reproduced in the Green Book and is available at ltsa.ca.

An electronic strata plan tendered for deposit in a land title office must be accompanied by the electronic Application to Deposit Plan at Land Title Office. The signatures of the owners and holders of registered charges and plan approvals are located in the appropriate schedules in the electronic application.

Approval of Approving Officer: Section 266(1)(c)

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.

There is no prescribed form for the certificate that the approving officer endorses on the electronic Land Title Office Application to Deposit plan.

Certificate of the Strata Corporation, Form E: Section 266(3)(b)(ii)

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.

Where Form E is required in support of a document required under s. 266(3)(b)(iii), 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

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 at ltsa.ca.

An application to amend a strata plan to add land held by the strata corporation 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. There is no prescribed form for the certificate that the approving officer endorses on the electronic Land Title Office Application to Deposit plan.

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 what land has been added to the common property and state “Pursuant to s. 266”.

The surveyor includes the original strata plan number on the amended sheet.

The registrar adds the amended sheet to the original strata plan.

Reference or Explanatory Plan

Under s. 266, 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 land held by the strata corporation 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. As consent to the consolidation, the registrar accepts the Form E, Certificate of Strata Corporation, stating that a 3/4 vote was passed 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

Section 266 permits land held in the name of the strata corporation to be added to common property. Land within a strata plan may only be added to common property in accordance with s. 263 of the Strata Property Act; that is, as a strata lot within the same plan.

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. 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.

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