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565.2 Housing Agreements For Affordable And Special Needs Housing

In This Volume

  • 565.2 (1) Council may, by by-law, enter into a housing agreement under this section.
  • (2) A housing agreement may include terms and conditions agreed to by Council and the owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions respecting one or more of the following:
  • (a) the form of tenure of the housing units;
  • (b) the availability of the housing units to classes of persons identified in the agreement or the by-law under subsection (1) for the agreement;
  • (c) the administration and management of the housing units, including the manner in which the housing units will be made available to persons within a class referred to in paragraph (b);
  • (d) rents and lease, sale or share prices that may be charged, and the rates at which these may be increased over time, as specified in the agreement or as determined in accordance with a formula specified in the agreement.
  • (3) A housing agreement may not vary the use or density from that permitted in the applicable by-law.
  • (4) A housing agreement may only be amended by by-law adopted with the consent of the owner.
  • (5) If a housing agreement is entered into or amended, the city must file in the land title office a notice that the land described in the notice is subject to the housing agreement, as amended if applicable.
  • (6) Once a notice is filed under subsection (5), the housing agreement or the amendment to it is binding on all persons who acquire an interest in the land affected by the agreement.
  • (7) On filing under subsection (5), the registrar must make a note of the filing against the title to the land affected but, in the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making of a note of the filing,
  • (a) the registrar is not liable and neither the Crown nor the Land Title and Survey Authority of British Columbia is liable vicariously,
  • (a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and
  • (b) the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act.
  • (8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under subsection (5), and section 315 of the Land Title Act applies in respect of those fees.

1993-58-5; 1999-37-327, effective September 28, 1999 (B.C. Reg. 3012/03); 2004-66-167, effective January 20, 2005 (B.C. Reg. 16/2005); 2019-5-25.