February 25, 2009 BCLS CPD Presentation STRATA PROPERTY ACT Brent Taylor, BCLS, CLS

February 25, 2009 BCLS CPD Presentation AGENDA Parent Parcel Requirements Strata Lot Boundaries Limited Common Property Phased Developments Sections Unit Entitlement Voting Rights Amending a Strata Plan

February 25, 2009 BCLS CPD Presentation Finding the answers Legislation and Regulation Survey Rules Case Law Your peers php php

February 25, 2009 BCLS CPD Presentation Parent Parcel Requirements Title requirements for deposit of strata plan 240 Title to the land shown on the strata plan must be registered in the name of the person applying to deposit the plan, and the land shown on the strata plan must be shown as (a) a single parcel on a subdivision plan, reference plan or air space plan deposited in a land title office, (b) separate parcels, if the parcels are separated only by a highway, dike, stream or right of way, (c) separate parcels that share a common boundary, if the parcels form part of a phased strata plan as set out in a Phased Strata Plan Declaration in the prescribed form, or (d) separate parcels separated by land not owned by the person applying to deposit the strata plan, if an approving officer is satisfied that the strata plan would result in a viable development of benefit to the community.

February 25, 2009 BCLS CPD Presentation Strata Lot Boundaries 68 (1) Unless otherwise shown on the strata plan, if a strata lot is separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is midway between the surface of the structural portion of the wall, floor or ceiling that faces the strata lot and the surface of the structural portion of the wall, floor or ceiling that faces the other strata lot, the common property or the other parcel of land.

February 25, 2009 BCLS CPD Presentation Strata Lot Boundaries Centerline or elsewhere? Strata Property Act appears to provide for elsewhere and clearly provides for centerline When centerline is not used consideration should be given to: Repair and maintenance of walls that are critical to the structure but part of a strata lot. This may require special bylaws

February 25, 2009 BCLS CPD Presentation Strata Lot Boundaries Liability insurance for some parts of the building also come into question. The SPA covers is clear regarding the obligations of the strata corporation but it is not clear if strata lot owners take on increased liability Clear labeling on the strata plan. Every line representing non centerline must be defined

February 25, 2009 BCLS CPD Presentation No walls, floors or ceilings (2) If a strata lot is not separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is as shown on the strata plan. (3) A boundary shown on the strata plan must be shown in a manner approved by the registrar.

February 25, 2009 BCLS CPD Presentation Limited Common Property Part 5, Division 2 – Strata Property Act May be defined on the Strata Plan May be defined by sketch after registration May be amended Must be assigned to one or more strata lots Remains common property Exclusive use

February 25, 2009 BCLS CPD Presentation Phased Developments 221 (1) The registrar may only accept a phase of a phased strata plan for deposit if (a) a Phased Strata Plan Declaration in the prescribed form, approved by an approving officer in accordance with section 222, is filed with the first phase, (b) each phase is approved by an approving officer in accordance with section 224, and in accordance with section 225 if required, (c) the boundaries of each phase are clearly identified, and (d) each phase, when deposited, complies with sections 240, 244 and 245. (2) Phases in a phased strata plan must be deposited in the order in which the phases are set out in the Phased Strata Plan Declaration. (3) The unit entitlement of strata lots in all of the phases must be calculated in accordance with section 246 using the same basis for calculations for all of the phases. (4) On the deposit of any phase of a phased strata plan other than the final phase, the registrar may make a notation of the Phased Strata Plan Declaration on the title to every strata lot created by the plan and on the title to the remainder parcel. (5) On the deposit of the final phase of a phased strata plan, the registrar may remove the notations made under subsection (4).

February 25, 2009 BCLS CPD Presentation Phased Developments – Key Points Form P must accompany first phase Phase order cannot change (easily) The Remainder must be considered a lot Encroachments to be addressed Access to be considered Services to be considered Phase line to be vertical Cannot involve registered phases in new phase Posting requirements

February 25, 2009 BCLS CPD Presentation Sections 191 (1) A strata corporation may have sections only for the purpose of representing the different interests of (a) owners of residential strata lots and owners of nonresidential strata lots, (b) owners of nonresidential strata lots, if they use their strata lots for significantly different purposes, or (c) owners of different types of residential strata lots. (2) For the purposes of subsection (1) (c), strata lots are different types if they fall within the criteria set out in the regulations.

February 25, 2009 BCLS CPD Presentation Sections Are used to separate types of units Budgets Bylaws Rules Unit types as per Section 191 & Regs Not defined on the Strata Plan Defined in Bylaw by strata lot numbers

February 25, 2009 BCLS CPD Presentation Unit Entitlement Section 246 – Strata Property Act Habitable area Equal value Superintendent of Real Estate approved Defined on Form V Can be amended by strata corporation

February 25, 2009 BCLS CPD Presentation Voting Rights Section 247 – Strata Property Act One vote per residential unit Non-residential votes UE non-residential SL Average UE of residential SLs UE of SL Total UE of all SLs Superintendent of Real Estate approved Defined on Form W

February 25, 2009 BCLS CPD Presentation Amending a Strata Plan Part 15 – Strata Property Act Very poorly worded legislation Most types of amendments are possible Consultation with Deputy Registrar advisable Accretion/erosion not covered

February 25, 2009 BCLS CPD Presentation Questions? Presented by Brent Taylor, BCLS, CLS