Designating LCP By Strata Plan Amendment

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CAN A STRATA PLAN BE AMENDED TO DESIGNATE LIMITED COMMON PROPERTY?

A Strata may designate Common Property as Limited Common Property by amending the Strata Plan. The Strata Plan amendment must be approved by a unanimous vote at a general meeting. The Strata then files a reference or explanatory plan in the Land Title Office defining the Limited Common Property area or areas with a certificate stating the Strata Plan amendment was approved by unanimous vote.

This is not the only way to designate Common Property as Limited Common Property, but it does carry the greatest degree of permanence.

We have written an article describing the designation of Limited Common Property through a resolution and sketch plan and the registration of a sketch plan. This is an alternative that the Strata should consider.

WHAT ARE THE REQUIREMENTS TO DESIGNATE LIMITED COMMON PROPERTY BY STRATA PLAN AMENDMENT?

There are few requirements in designating Common Property as Limited Common Property by Strata Plan amendment. All that is required is:

• A unanimous vote of the Owners at a general meeting approving the designation of Common Property as Limited Common Property,

• A reference or explanatory plan (an amended version of the Strata Plan) defining the boundaries of the Limited Common Property area or areas,

• A certificate stating the Strata Plan amendment was approved by unanimous vote,

• Filing the reference or explanatory plan and certificate in the Land Title Office.

WHAT VOTE IS REQUIRED TO AMEND A STRATA PLAN?

The designation of Common Property as Limited Common Property by Strata Plan amendment must be approved by a unanimous vote at a general meeting.

A unanimous vote does not mean every voter must attend the general meeting. A unanimous vote means every eligible voter in the Strata voted in favour. If a voter cannot attend the general meeting, that voter must provide a proxy so their vote may be cast at the general meeting. We have an article describing how an Owner can delegate to a proxy.

WHAT IS A REFERENCE OR EXPLANATORY PLAN? 

A reference plan is a precise surveyed plan that shows exact dimensions and boundaries with reference to survey markers. A reference plan is used when the physical boundaries are not already obvious and need certainty. A reference plan may be used when designating a yard as Limited Common Property when the yard, its measurements, and its boundaries are not identified on the existing Strata Plan.

An explanatory plan is a less precise surveyed plan that shows dimensions and boundaries with reference to existing measurements on the Strata Plan and physical boundaries. An explanatory plan may be used when designating a balcony as Limited Common Property when the balcony, it measurements, and its boundaries are already indicated on the existing Strata Plan.

The reference plan or explanatory plan must be prepared by a land surveyor licensed in British Columbia. Whether the Strata Plan amendment must be done by reference or explanatory plan is a decision left to the surveyor.

DOES THE REFERENCE OR EXPLANATORY PLAN NEED TO BE FILED IN THE LAND TITLE OFFICE?

The designation of Common Property as Limited Common Property by Strata Plan amendment does not take effect until it is filed in the Land Title Office. The Council is not usually able to file the plan amendment on its own.

The plan amendment must be filed by an individual authorized to use the Land Title Office’s filing system, usually a lawyer or a notary.

HOW IS THE REFERENCE OR EXPLANATORY PLAN REGISTERED WITH THE LAND TITLE OFFICE?

The reference or explanatory plan must be filed in the Land Title Office with a certificate stating the Strata Plan amendment was approved by unanimous vote. This certificate, called a Certificate of the Strata Corporation, is attached to the Strata Property Regulation as Form E and can be accessed online.

The certificate details the Strata’s legal name, the section of the Strata Property Act the amendment is made under, the date the unanimous resolution was approved, and a copy of the reference or explanatory plan. The certificate must be signed by a council member.

DESIGNATING LIMITED COMMON PROPERTY BY STRATA PLAN AMENDMENT IS DIFFICULT TO REVERSE

Designating Common Property as Limited Common Property by Strata Plan amendment is a significant process. It requires professional assistance from a surveyor and a unanimous vote which can be difficult to obtain. While designating Common Property as Limited Common Property by strata plan amendment is difficult to achieve, it also has the benefit of being difficult to undo.

A Strata interested in designating Common Property as Limited Common Property by Strata Plan amendment should speak to a lawyer about the right strategy to obtain the unanimous vote. The Strata should then retain a licensed land surveyor to prepare the reference or explanatory plan.