Designating Limited Common Property by Sketch Plan

Craig Penner
May 3
4 min read

Updated: Jun 30

“All the signs are right this time – You do not have to try so very hard”

Change of the Guard by Steely Dan

CAN A STRATA DESIGNATE LIMITED COMMON PROPERTY BY A SKETCH PLAN?

A Strata may designate Common Property as Limited Common Property by a 3/4 vote at a general meeting. The resolution is then filed in the Land Title Office with a sketch plan defining the Limited Common Property area. The designation of Limited Common Property takes effect once it is filed in the Land Title Office. We have a separate article describing how the sketch plan is registered.

This is not the only way to designate Common Property as Limited Common Property, but it is one of the easiest as it only requires a 3/4 vote of the Owners. We have an article describing how to designate Limited Common Property by the amendment of the Strata Plan.

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

There are few requirements in designating Common Property as Limited Common Property by sketch plan. All that is required is:

A 3/4 vote of the Owners at a general meeting approving the designation of Common Property as Limited Common Property,
A sketch plan (a drawing) defining the boundaries of the Limited Common Property area or areas,
A note on the sketch plan indicating which one or more Strata Lots have the exclusive use of the Limited Common Property area or areas,
Filing the sketch plan in the Land Title Office.

WHAT VOTE IS REQUIRED TO APPROVE A SKETCH PLAN?

The designation of Common Property as Limited Common Property by sketch plan must be approved by a 3/4 vote at a general meeting. A 3/4 vote is a vote in favour of a resolution by at least 3/4 of the votes cast by eligible voters who are present in person or by proxy at the time the vote is taken and who have not abstained from voting.

WHAT IS REQUIRED FOR A SKETCH PLAN?

Basic Requirements

The sketch plan must be prepared to the satisfaction of the land titles registrar. At a minimum, this means the sketch plan must:

Depict an enclosed area marked as Limited Common Property,
Include measurements of all sides of the Limited Common Property area,
Indicate which one or more Strata Lots have the exclusive use of the Limited Common Property area.

Depending on the area being defined as Limited Common Property, preparing the sketch plan can be simple or it can be difficult. When simple, Stratas are often able to prepare the sketch plan on their own. When difficult, Stratas are advised to retain professional assistance.

Simple Sketch Plan

In ideal circumstances, the Strata Plan already depicts an enclosed Common Property area and includes measurements for all sides of this Common Property area. A Strata can create a sketch plan by taking its Strata Plan, creating an enclosed area by drawing a bold line exactly overtop existing lines, and noting which one or more Strata Lots have the exclusive use of the defined area or areas. The land titles registrar often accepts sketch plans created using this method.

Less Simple Sketch Plan

In less ideal circumstances, the Strata Plan already depicts an enclosed Common Property area, but it does not include measurements for all sides of this Common Property area. A Strata can still create a sketch plan similar to the above, but it must obtain the missing measurements and note these on the sketch plan. The land titles registrar often accepts sketch plans created using this method.

Difficult Sketch Plan

In challenging circumstances, the Strata Plan does not already depict an enclosed Common Property area that is being designated as Limited Common Property. In these circumstances, a Strata must draw the lines indicating the enclosed area rather than trace existing lines on the Strata Plan. These lines must also include measurements for each side. This can be challenging. Stratas often hire professionals to prepare these sketch plans.

The Sketch Plan Must Be Black and White

The sketch plan must be submitted to the Land Title Office in black and white. This means the sketch plan cannot use colour coding to identify which Strata Lots have been allocated which Limited Common Property area.

When designating multiple Limited Common Property areas for multiple Strata Lots on a single sketch plan, a Strata should use different shading techniques to differentiate which Strata Lots have the exclusive use of which Limited Common Property areas. For example, one area may be shaded using parallel lines in one direction, another area may be shaded using crossing lines. The sketch plan should then include a legend identifying how these shading techniques are used to differentiate between Strata Lots.

As an alternative to shading, the sketch plan can indicate which Strata Lots have been allocated which Limited Common Property areas by including a note in each area. For example, a note might read “LCP SL8”, meaning Limited Common Property for Strata Lot 8.

DOES THE SKETCH PLAN NEED TO BE FILED IN THE LAND TITLE OFFICE?

The designation of Common Property as Limited Common Property by sketch plan does not take effect until it is filed in the Land Title Office. The Council is not usually able to file the sketch plan on its own. The sketch plan must be filed by an individual authorized to use the Land Title Office’s filing system, usually a lawyer or a notary.

See our article on filing a sketch plan for more detail.

DOES A SKETCH PLAN AMEND THE STRATA PLAN?

The sketch plan filed in the Land Title Office is not an amendment to the Strata Plan. The sketch plan is filed separately. Because of this, it is important the Owners understand the absence of Limited Common Property on the Strata Plan does not necessarily mean there is no Limited Common Property.

We have an article describing how to get the Strata Plan from the Land Title Office.

We have an article describing the process and relevant considerations if a Strata is thinking about designating Limited Common Property by an amendment to the Strata Plan.