78 Acquisition Of Land By Strata Corporation

In This Volume

78 (1) Before the strata corporation acquires land, the acquisition must be approved by a resolution passed by a 3/4 vote at an annual or special general meeting.
(2) Land must not be registered at a land title office in the name of the strata corporation unless the document transferring the interest in the land to the strata corporation is accompanied by a Certificate of Strata Corporation in the prescribed form, stating that

(a) the resolution referred to in subsection (1) has been passed, and
(b) the document conforms to the resolution.

(3) The strata corporation may, without prior approval,

(a) accept a grant of an easement or restrictive covenant benefiting land in the strata plan, or
(b) accept a discharge of an easement burdening land in the strata plan.

1998-43-78, effective July 1, 2000 (B.C. Reg. 43/2000).

REGULATIONS AND FORMS

The Strata Property Regulation, B.C. Reg. 43/2000, at chapter 59 (Strata Property Regulations), prescribes Form E, Certificate of Strata Corporation, for the purpose of s. 78(2) of the Act. Form E is included at chapter 60 (Strata Property Forms).

PRACTICE

Common Property as a Dominant Tenement

Easements benefitting common property will be endorsed as a legal notation on the title to each strata lot, because an entry in the common property record alone is insufficient to reflect the appurtenancy attaching to the strata lots. Consequently, the application for easement in Item 3 of the Form C must not only denote the common property as the dominant tenement, but also denote all of the strata lots when the grant of easement in the Terms of Instrument, Part 2 grants an easement for the benefit of the common property. For example, strata plan EPS500 consists of 50 strata lots. Where a grant of easement in the Terms of Instrument, Part 2 is for the benefit of the common property, strata plan EPS500, then the “Additional Information” field in Item 3 of the Form C must state “Dominant tenement: common property strata plan EPS500, and strata lots 1 to 50, strata plan EPS500”. This ensures the endorsements on title are consistent with the application.

See “Common Property (Practice Bulletin No. 0395)” in chapter 72.

Common Property Sheets

Land title offices have closed off the common property sheets filed with strata plans since the conversion of the common property sheets to the electronic record has been completed. It is no longer necessary to search the common property sheets, as the electronic record can be relied upon. Electronic records are accessed using a myLTSA Enterprise account, selecting SEARCHES, and searching for Strata Plan Common Property or by Strata Plan Number.

Occasional users may search using a myLTSA Explorer account (help.ltsa.ca/cms/myltsa-explorer). For more information, go to help.ltsa.ca/myltsa-explorer/search-common-property.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See s. 29 of the Interpretation Act, at chapter 44 (Interpretation Act, R.S.B.C. 1996, c. 238), regarding the definition of “acquire”.