Registering a Sketch Plan Designating Limited Common Property (Form E)

HOW CAN OWNERS DESIGNATE COMMON PROPERTY AS LIMITED COMMON PROPERTY?

The Strata Property Act permits Owners to designate common property as limited common property by a resolution passed by a 3/4 vote at an general meeting. There are several important considerations when Owners are considering designating limited common property. However, that is not the focus of this article: this article is focused on how to file the resolution with the LTSA using the Certificate of Strata Corporation (Form E).

Stratas can also designate Common Property as Limited Common Property through an amendment of the Strata Plan. That is a completely separate process and is described in this article.

WHAT IS REQUIRED TO FILE A LIMITED COMMON PROPERTY DESIGNATION WITH THE LTSA USING FORM E?

There are five things that a Strata must do to file a Limited Common Property Designation with the LTSA:

1. The Strata must prepare a sketch plan clearly identifying the property to be designated as Limited Common Property and distribute it to Owners along with a notice for a general meeting.

2. The Strata must approve a resolution at a general meeting designating the common property as Limited Common Property.

3. The Strata must prepare and sign the LTSA Form E Certificate of Strata Corporation.

4. The Strata must file the Form E using an LTSA Enterprise account.

5. The Strata must pay the applicable LTSA filing fees.

This is a detailed process and frequently benefits from the involvement of experienced lawyers.

The filing of the Form E does not amend the strata plan. It records the LCP designation in the Strata Plan General Index at the Land Title Office and permits people to retrieve a copy of the resolution and the sketch plan.

WHAT IS THE PROCESS TO FILE THE FORM E?

Part 1: Preparation (Before Filing)

1. Confirm Eligibility for LCP Designation.

   • Ensure the area being designated is currently common property.

   • Confirm the designation complies with the Strata Property Act and bylaws.

   • Prepare a sketch plan that clearly identifies the property to be designated as Limited Common Property.

     
     

2. Prepare the Sketch Plan

   • Create a clear sketch plan showing:

     • The location and boundaries of the proposed LCP

     • Reference to the strata plan

     • Identification of the benefiting strata lot(s)

   • The sketch plan does not need to be prepared by a land surveyor but must be legible and precise.

     
     

3. Obtain Owner Approval.

   • A resolution must be passed at an Annual or Special General Meeting.

   • The resolution must:

     • Clearly describe the area being designated as LCP.

     • Identify the benefiting strata lot(s).

     • Be approved by the required vote under the Strata Property Act.

   • Retain a signed copy of the resolution for filing.

Part 2: LTSA Electronic Filing Process

1. Log in to myLTSA using an LTSA Enterprise account.

   
   

2. Create a New Filing Package, and under the "Web Filing" tab select "Create Web Filing Package" from thedrop down menu.

   
   

3. Enter your internal file number in the "File Reference" field if that would be useful.

   
   

4. Insert the name of the document/Application to be submitted in the "Package Description" field.

   
   

5. Click on the "Create Package" tab to go to the next screen.

   
   

6. Click on the "Start an Application" button to add the Form.

   
   

7. Select “Strata Property Act Filing” from the list displayed.

   
   

8. Select the Application Type.

   • In the Strata Property Act Filing Form section:

     • Select “Designate Limited Common Property” from the list displayed.

       
       

9. Complete Applicant and Property Details.

   • Enter applicant contact information.

   • Enter the strata plan number.

   • In the legal description field, use:

     • “The Common Property, Strata Plan [Plan Number]”.

Part 3: Supporting Documentation

1. Attach Supporting Documents by uploading the following documents to the filing package:

   • Sketch Plan showing the LCP designation.

   • Image or PDF of the signed resolution passed at the AGM or SGM.

     
     

2. Complete and Attach Form E.

   • Complete Form E – Certificate of Strata Corporation.

   • Ensure the certificate:

     • Is properly completed.

     • Is signed by an authorized signatory.

Part 4: Review and Submission

1. Review the Filing Package.

   • Confirm:

     • Correct application type selected.

     • All documents attached.

     • Resolution and sketch plan match the description of LCP.

       
       

2. Electronically sign all required forms and submit the filing package to LTSA. This requires a Juricert and the payment of filing fees.

   
   

3. LTSA Review and Registration.

   • LTSA reviews the submission for completeness and compliance

   • If accepted:

     • The LCP designation is registered.

     • The resolution and sketch plan appear in the Strata Plan General Index.

   • If deficiencies exist:

     • LTSA will issue a defect notice requiring correction.

Result of Registration

Once registered:

• The designated area becomes Limited Common Property.

• Use of the area is restricted to the strata lot(s) named in the resolution.

• The designation is legally enforceable and visible in LTSA records.