89 Removal Of Claim Of Lien After Purchase From Owner Developer

• 89 (1) If one or more claims of lien under the Builders Lien Act are filed against a strata lot purchased from an owner developer, the purchaser or, if the strata lot is conveyed to the purchaser and the purchaser becomes the owner of the strata lot, that owner may apply to the Supreme Court for an order for permission to pay into the court the lesser of

• (a) the total amount of the claims of lien filed, and
• (b) the full amount of the holdback under section 88(2).

• (2) Payment into the court discharges the lien and releases the purchaser or, if the strata lot is conveyed to the purchaser and the purchaser becomes the owner of the strata lot, that owner from liability to the owner developer or the lien claimant for the liens.
• (3) The order under subsection (1) must provide that the claims of lien be removed from the title to the strata lot.
• (4) The money paid into the court is security for the liens in place of the strata lot.
• (5) If the full amount of the holdback has not been paid into the court, the purchaser or, if the strata lot is conveyed to the purchaser and the purchaser becomes the owner of the strata lot, that owner must release the balance of the holdback to the owner developer.

1998-43-89, effective July 1, 2000 (B.C. Reg. 43/2000); 2014-10-41.