This online survey is intended to provide a convenient way to respond to BCLI's Consultation Paper on Common Property, Land Titles, and Fundamental Changes for Stratas and make your views on reform of the Act known to BCLI's Strata Property Law Phase 2 Project Committee. The Consultation Paper is available at a link appearing on the project webpage at: https://www.bcli.org/project/strata-property-law-phase-two

There are 25 questions in this survey. You can skip any questions you would prefer to not answer and can add comments where desired in the comment boxes that appear at the end of each question. We recommend that you read the Consultation Paper before taking the survey.

You may return to the survey from the same computer at a later time, as long as you have not already submitted a survey response. Once you submit the survey (by clicking "DONE") you cannot return to it.

Comments longer than 25 lines of text should be sent to BCLI by email, regular mail, or fax.

email: strata@bcli.org

mailing address: 
British Columbia Law Institute
1822 East Mall
University of British Columbia
Vancouver, BC   V6T 1Z1

fax: 604-822-0144

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* 1. Name

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* 2. Organization

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* 3. Position

You may provide us with your name, the name of any organization you represent, and the title of your position within that organization, if you wish. You do not have to give us any of this information. You may still submit your response even if you leave some or all of the above spaces blank. You may respond to all or some of the tentative recommendations in this response booklet. If you wish to provide a more extensive comment than space permits, then please email us at strata@bcli.org.

Your response will be used in connection with the Strata Property Law (Phase Two) Project. It may also be used as part of future law-reform work by the British Columbia Law Institute or its internal divisions. All responses will be treated as public documents, unless you expressly state in the body of your response that it is confidential. Respondents may be identified by name in the final report for the project, unless they expressly advise us to keep their name confidential. Any personal information that you send to us as part of your response will be dealt with in accordance with our privacy policy. Copies of our privacy policy may be downloaded from our website at: https://www.bcli.org/privacy.

The numbers in parentheses refer to pages in the consultation paper where the tentative recommendation is discussed.
Common property—defining common property

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* 4. The Strata Property Act’s definition of “common property” should not be amended. (pages 32–35)

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* 5. The Strata Property Act’s definition of “limited common property” should be amend-ed to read as follows: “ ‘limited common property’ means a form of common property, designated for the exclusive use of the owners of one or more strata lots, as provided in this Act.” (pages 35–36)

Common property—transactions involving common property

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* 6. The Strata Property Act should provide that any lease, entered into by the owner-developer, of a fixture that is common property or of common asset must not have a term that exceeds five years. (pages 40–41)

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* 7. For the purpose of the previous tentative recommendation, the definition of “fixtures” found in section 9.1 of the Strata Property Regulation (“ ‘fixtures’ means items attached to a building, including floor and wall coverings and electrical and plumbing fixtures, but does not include, if they can be removed without damage to the building, refrigerators, stoves, dishwashers, microwaves, washers, dryers or other items”) should apply. (pages 41–43)

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* 8. The Strata Property Act should provide that the Superintendent of Real Estate for British Columbia has the authority to approve a lease of a fixture that is common property or of a common asset entered into by the owner-developer with a term that exceeds five years. (pages 43–44)

Common property—parking stalls and storage lockers

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* 9. The Strata Property Act should provide that any lease or licence of a parking stall or storage locker entered into before or after the deposit of a strata plan by the owner-developer is void. (pages 46–47)

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* 10. Section 258 of the Strata Property Act should be amended by: (a) striking out the words ‘first annual general meeting’ wherever they appear and replacing them with ‘third annual general meeting’; (b) adding a new subsection that reads ‘This section only applies when the owner-developer has not conveyed all the strata lots’; and (c) amending subsection (6) to read ‘A designation of parking stalls under subsections (1) or (3): (a) does not require approval by a resolution at an annual general meeting or special general meeting; (b) the owner-developer must give the strata corporation written notice of an amendment of the strata plan. (pages 48–49)

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* 11. The Strata Property Act should provide that at the strata corporation’s third annual general meeting any parking stalls that have not been designated as limited common property under section 258 remain common property. (pages 49–50)

Land titles—emerging issues in subdivision control

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* 12. The Strata Property Act should not provide that all strata plans require the approval of an approving officer. (pages 59–62)

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* 13. The Strata Property Act should provide that a strata plan that depicts the boundaries of strata lots as the exterior surface of a floor, wall, or ceiling, or as a boundary external to a building, must meet the same approval requirements for a bare-land strata plan.
(pages 62–64)

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* 14. Section 14.1 of the Strata Property Regulation should be amended to read “For the purposes of sections 241 and 242 of the Act, ‘previously occupied’ means occupied at any time in its past for any purpose, including residential, commercial, institutional, recreational or industrial use, but does not include the occupation of a proposed strata lot (a) by the owner developer solely as a display lot for the sale of strata lots, or (b) for temporary construction purposes, in the proposed strata plan.” (pages 65–66)

Land titles—depicting common property for strata plans

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* 15. The Strata Property Act should expressly require a strata plan to include a depiction of common property. (pages 68–69)

Land titles—depicting the vertical limits of limited common
property for strata plans

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* 16. Section 244 (1) of the Strata Property Act should be amended to provide that all strata plans are required to include a minimum of one cross-section.
(pages 70–71)

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* 17. Section 14.4 (1) (i) of the Strata Property Regulation should be amended to read: “the strata plan must include any representations, including cross-section drawings of the building, to identify and locate the common property, including the limited common property, and the strata lots and floors within the building.” (pages 71–72)

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* 18. Section 74 (2) of the Strata Property Act should be amended by adding the following as paragraph (d): “is prepared by a British Columbia land surveyor.” (pages 72–73)

Land titles—certificate of payment

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* 19. The Strata Property Act should continue not to provide that a registrar of titles must only accept a transmission of a strata lot for registration in the land title office if it is accompanied by a current Certificate of Payment.
(pages 77–79)

Fundamental changes—amending a strata plan

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* 20. The Strata Property Act should require a resolution passed by an 80-percent vote to authorize amending a strata plan to designate limited common property. (pages 94–95)

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* 21. The Strata Property Act should continue to require a resolution passed by a unanimous vote to authorize amending a strata plan to remove a designation of limited common property. (pages 95–97)

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* 22. The Strata Property Act should continue, in those cases not covered by an exemption, to require a resolution passed by a unanimous vote to authorize amending a strata plan to add to, consolidate, or divide a strata lot. (pages 97–98)

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* 23. The Strata Property Act should require a resolution passed by an 80-percent vote to authorize amending a strata plan to add a strata lot to common property. (pages 98–99)

Fundamental changes—schedules to the strata plan

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* 24. The Strata Property Act should require a resolution passed by an 80-percent vote to authorize amending a Schedule of Unit Entitlement to reflect a change in the habitable area of a residential strata lot in a strata plan in which the unit entitlement of the strata lot is calculated on the basis of habitable area. (pages 109–110)

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* 25. The Strata Property Act should continue to require a resolution passed by a unanimous vote to authorize agreeing to use one or more different formulas, other than the formulas set out in section 99 of the act and in the regulations, for the calculation of a strata lot’s share of the contribution to the operating fund and contingency reserve fund. (pages 110–112)

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* 26. The Strata Property Act should continue to require a resolution passed by a unanimous vote to approve a special levy when each strata lot’s share of the special levy is calculated in a way other than in accordance with sections 99, 100, or 195 of the act.(pages 112–113)

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* 27. The Strata Property Act should require the following in cases in which a strata plan has at least one nonresidential strata lot: (a) if voting rights are not to be approved by the superintendent of real estate, the person applying to deposit the strata plan must establish a Schedule of Voting Rights in the prescribed form; (b) if voting rights are to be approved by the superintendent of real estate, the person applying to deposit the strata plan must submit to the superintendent for approval a Schedule of Voting Rights in the prescribed form. (pages 114–115)

Fundamental changes—amalgamation

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* 28. The Strata Property Act should continue to require a resolution passed by a 3/4 vote to approve an amalgamation agreement. (pages 120–122)

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