Land Title Practice Manual

75 Removal Of Designation Of Limited Common Property

In This Volume

  • 75 (1) If a designation of common property as limited common property was made
  • (a) by the owner developer at the time the strata plan was deposited or by a plan amendment by the owner developer under section 258, or
  • (b) by an amendment to the strata plan under section 257,
  • the designation may only be removed by amending the plan under section 257.
  • (2) If a designation of common property as limited common property was made by a resolution passed by a 3/4 vote under section 74, it may only be removed by a resolution passed by a 3/4 vote at an annual or special general meeting.
  • (3) A resolution passed under subsection (2) does not have effect until it is filed in the land title office.
  • (4) The removal of a designation of limited common property by a resolution under subsection (2) does not require an amendment to the strata plan.

1998-43-75, 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 removing a designation of limited common property is filed in the land title office, the registrar must note the cancellation of the designation of the limited common property on the common property record for the strata plan.

PRACTICE

Sketch Plan

The registrar may require a sketch plan for the purpose of delineating the limited common property that is being removed by a resolution under s. 75(2).

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 Remove Designated Limited Common Property and attach the sketch plan and an image of the original resolution.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

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