74 Designation Of Limited Common Property By 3/4 Vote

In This Volume

74 (1) Common property may be designated as limited common property by a resolution passed by a 3/4 vote at an annual or special general meeting.
(2) A resolution passed under subsection (1) must be filed in the land title office with a sketch plan that

(a) satisfies the registrar,
(b) defines the areas of limited common property, and
(c) specifies each strata lot whose owners are entitled to the exclusive use of the limited common property.

(3) A resolution passed under subsection (1) does not have effect until it is filed in the land title office.
(4) The designation of limited common property by a resolution under this section does not require an amendment to the strata plan.

1998-43-74, effective July 1, 2000 (B.C. Reg. 43/2000).

REGULATIONS AND FORMS

See s. 14.14 of the Strata Property Regulation, B.C. Reg. 43/2000, at chapter 59 (Strata Property Regulations), which provides that, when a resolution designating limited common property is filed in the land title office, the registrar must note the designation of the limited common property on the common property record for the strata plan.

PRACTICE

Designation of Limited Common Property Not to Conflict with Previous Designation

Before filing the resolution and sketch plan required under this section, the strata corporation should ensure that the designation of limited common property does not conflict with a previous designation. The registrar confirms that the limited common property is in fact common property and that it does not encroach on any previously established limited common property.

Sketch Plan

The registrar requires a sketch plan that fully delineates the limited common property and, unless obvious from the accompanying resolution, clearly shows to which lot or lots the limited common property is being assigned. The sketch plan must define the dimensions of the limited common property and its position in relation to buildings and lot boundaries.

The sketch plan attached to an electronic submission must be larger than 4" × 6" and no larger than 8.5" × 14". See the scanning requirements for electronic submissions at help.ltsa.ca/myltsa-enterprise/scanning-requirements.

Resolution of the Strata Corporation

Submissions

On the Strata Property Act Filing form, select Designate Limited Common Property and attach the sketch plan and an image of the original resolution that was passed at an annual or special general meeting.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See s. 257 of the Act, which provides for the designation of limited common property by amendment to the strata plan.