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277 (1) To appoint a liquidator to wind up the strata corporation, a resolution to cancel the strata plan and appoint a liquidator must be passed by an 80% vote at an annual or special general meeting.

  • (2) A liquidator must have the qualifications of a liquidator that are required by the Business Corporations Act.
  • (3) The resolution must give the name and address of the liquidator and approve all of the following:
  • (a) the cancellation of the strata plan;
  • (b) the dissolution of the strata corporation;
  • (c) the surrender to the liquidator of each owner’s interest in
    • (i) land shown on the strata plan,
    • (ii) land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, and
    • (iii) personal property held by or on behalf of the strata corporation;
  • (d) an estimate of the costs of winding up;
  • (e) the interest schedule referred to in section 278.

1998-43-277, effective July 1, 2000 (B.C. Reg. 43/2000); 2003-70-294, effective March 29, 2004 (B.C. Reg. 64/2004); 2015-40-51, effective July 28, 2016 (B.C. Reg. 206/2016).

REGULATIONS

The Strata Property Regulation, B.C. Reg. 43/2000, is included at chapter 58 (Strata Property Regulations).

Strata Corporations Subject to Schedule of Interest on Destruction

See s. 17.22(4) of the Strata Property Regulation regarding the application of requirements for an interest schedule to strata corporations that have cancelled a schedule of interest on destruction.

Amalgamated Strata Corporations

See s. 17.21(4)(b) of the Strata Property Regulation regarding the application of requirements for an interest schedule to amalgamated strata corporations, at least one of which is subject to a schedule of interest on destruction, that do not submit an Amended Schedule of Interest on Destruction with an application under s. 269 of the Act.

CASE LAW

In Dubas v. Strata Plan VR 92, 2019 BCCA 196, the court upheld the chambers judge’s decision that the Strata Property Act does not require a supermajority vote of owners to authorize the strata council to retain a realtor to solicit offers for the sale of the strata complex, and that ss. 277 and 278.1 provide sufficient protection for the rights of minority owners in their requirement of an 80% vote and court approval of a winding-up resolution.