British Columbia Order in Council — Order under Strata Property Effective July 1, 2000: a) Strata Property Act , except section 72(2)(b) into force (O.C. 130/2000)

O.C. 130/2000

British Columbia — Orders in Council

Presidin Member of the Executive Council PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No.' 130 , Approved and Ordered FEB — 4 2000 Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective July 1, 2000, (

a) the Strata Property Act, S.B.C. 1998, c. 43, except

section 72 (2) (

b) is brought into force, (

b) the Strata Property Amendment Act,1999, S.B.C. 1999, c. 21, is brought into force, (

c) B.C. Reg. 248/93, B.C. Reg. 534/74, and B.C. Reg. 74/78 are repealed, and (

c) the Strata Property Regulation attached to this order is made. Minister of Finance and Corpo to Relations (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section:- Strata Property Act, S.B.C. 1998, c. 43, ss. 292, 322. Other (specify):- Strata Property Amendment Act, S.B.C. 1999, c. 21, s.53; O.C. 980/93; O.C. 2578/74; 0.C.; 417/78 January 26, 2000 I SC/ / 2000/22/ah

STRATA PROPERTY REGULATION Contents

PART 1 —

DEFINITIONS AND

INTERPRETATION 1.1 Definition

PART 2 — THE STRATA CORPORATION [No Sections]

PART 3 — THE OWNER DEVELOPER 3.1 Amounts payable to strata corporation 3.2 List of contractors and subcontractors 3.3 Budget and financial statement requirements for owner developer

PART 4 — STRATA CORPORATION GOVERNANCE 4.1 Preparation and retention of records 4.2 Maximum fees for records 4.3 Payment for failure to return records 4.4 Maximum fee for Information Certificate 4.5 Expiry of Mortgagee's Request for Notification

PART 5 — PROPERTY 5.1 Minor changes to strata lot size 5.2 Amount of builders lien holdback

PART 6 — FINANCES 6.1 Contributions to contingency reserve fund 6.2 Guidelines for depreciation report 6.3 Management of contingency reserve fund 6.4 Formulas for sharing operating expenses for limited common property and types of strata lots 6.5 Formulas for sharing operating expenses and special levies relating to strata lots 6.6 Budget requirements 6.7 Financial statement requirements 6.8 Maximum amount of interest for late strata fees 6.9 User fees for the use of common property or common assets 6.10 Maximum fee for Certificate of Payment

PART 7 — BYLAWS AND RULES 7.1 Maximum fines 7.2 Definition for

section 135 of the Act

PART 8 — RENTALS 8.1

Definitions for

section 142 of the Act 8.2 Definition for

section 144 of the Act

PART 9 — INSURANCE 9.1

Definitions for

section 149 of the Act 9.2 Minimum liability insurance 1 of 44

9.3 Filing of court orders under

section 160 of the Act

PART 10 - LEGAL PROCEEDINGS AND ARBITRATION 10.1 Filing of order appointing administrator

PART 11 - SECTIONS 11.1 Different types of residential strata lots for the purpose of creating sections 11.2 Formulas for sharing operating expenses for limited common property and types of strata lots in sections 11.3 Formulas for sharing operating expenses and special levies relating to strata lots in sections

PART 12 - LEASEHOLD STRATA PLANS 12.1

Definitions for

section 199 of the Act

PART 13 - PHASED STRATA PLANS 13.1 Fees for phased developments 13.2 Bylaws in phased developments 13.3 Restrictions on changing the basis for sharing common expenses and amending bylaws 13.4 Owner developer's obligations from

Part 3 of the Act 3.5 Annual general meeting after deposit of subsequent phase 13.6 Amendment of strata plan by owner developer

PART 14 - LAND TITLES 14.1 Definition for sections 241 and 242 of the Act 14.2 Definition for

section 246 of the Act 14.3 Form of strata plan 14.4 Strata plan requirements 14.5 Approvals and endorsements 14.6 Accompanying documents 14.7 Form of documents 14.8 Fees payable to superintendent 14.9 Application to deposit strata plan 14.10 Endorsement by registrar 14.11 Indefeasible title 14.12 Correction of errors 14.13 Court ordered amendments to

Schedule of Unit Entitlement 14.14 Notation on common property record

PART 15 - STRATA PLAN AMENDMENT AND AMALGAMATION INo Sectionsj

PART 16 -CANCELLATION OF STRATA PLAN AND WINDING UP OF STRATA CORPORATION 16.1 Cancellation of strata plan

PART 17 - GENERAL 17.1

Definitions 17.2 Strata corporation name 17.3 Application of

Part 3 of the Act 17.4 Time to comply with requirements 17.5 Investment of contingency reserve fund 17.6 Bare land strata plan easements 17.7 Short term exclusive use 17.8 Certificate of Payment 17.9 Payment of strata fees page 2 of 44

17.10 Rules 17.11 Bylaws 17.12 Bylaws respecting pets 17.13 Types of strata lots 17.14 Rental disclosure by owner developer 17.15 Applicability of rental restriction bylaws 17.16 Arbitration 17.17 Phased developments 17.18 Conversions 17.19 Parking designated by owner developer

PART 18 — DEFINITION FOR STANDARD BYLAWS 18.1 Definition for

section 15 of Standard Bylaws FORMS A TO Z

PART 1 —

DEFINITIONS AND

INTERPRETATION Definition 1.1 In this regulation, "Act" means the Strata Property Act.

PART 2 — THE STRATA CORPORATION [NO SECTIONS]

PART 3 — THE OWNER DEVELOPER Amounts payable to strata corporation 3.1

(1) For the purposes of

section 14 (5) of the Act, the owner developer must pay to the strata corporation an additional amount calculated as follows: (

a) if the accrued expenses are at least 10% greater but less than 20% greater than the estimated operating expenses, the additional amount is the amount payable under

section 14 (4) of the Act multiplied by 2; (

b) if the accrued expenses are at least 20% greater than the estimated operating expenses, the additional amount is the amount payable under

section 14 (4) of the Act multiplied by 3.

(2) For the purposes of

section 17 (

b) of the Act, the owner developer must pay to the strata corporation (a) $1 000 if the first annual general meeting is delayed for a period of up to 30 days after the date required under

section 16 of the Act, and (b) $1 000 for each additional delay of 7 days. List of contractors and subcontractors 3.2

(1) For the purposes of

section 20 (2) (a) (vi) of the Act, the owner developer must give the strata corporation the names and addresses of (

a) the contractors or subcontractors primarily responsible for the supply of labour or materials to each of the major components of the project, page 3 of 44

(

b) technical consultants, including building envelope specialists, if any, and (

c) the project manager, if any.

(2) For the purposes of subsection (1) (a), the major components of the project are the following: (

a) the electrical system; (

b) the heating system; (

c) the plumbing system; (

d) the elevators; (

e) the exterior walls; (0 windows and doors on the exterior of the building; (

g) the roof; (

h) the building foundations. Budget and financial statement requirements for owner developer 3.3

(1) For the purposes of

section 21 (3) (

a) of the Act, the first annual budget must contain the information required by

section 6 6 of this regulation.

(2) For the purposes of

section 21 (3) (

a) of the Act, the financial statement must contain the following information: (

a) the details of the strata corporation's income from all sources from the first day of the period covered by the interim budget until a day that is within the 6 week period before the date of the first annual general meeting; (

b) the details of expenditures out of the operating fund for the period referred to in paragraph (a); (

c) the details of any expenditures or accrued expenses not included in the operating expenses estimated in the interim budget; (

d) the amount in the contingency reserve fund on the first and last day of the period referred to in paragraph (a).

PART 4 — STRATA CORPORATION GOVERNANCE Preparation and retention of records 4.1

(1) In addition to the records required to be prepared under

section 35 (1) of the Act, the strata corporation must prepare d record of (

a) each council member's telephone number, or (

b) some other method by which the council member may be contacted at short notice, as long as that method is not prohibited by the bylaws.

(2) The strata corporation must permanently retain the records and documents referred to in

section 35 (2) (b), (

e) and (

h) of the Act.

(3) The strata corporation must retain the records and documents referred to in

section 35 (1) (

a) and (

d) and 35 (2) (f), (i), (j), (1) and (

m) of the Act for at least 6 years. page 4 of 44

(4) The strata corporation must retain the written contracts, including insurance policies, referred to in

section 35 (2) (

g) of the Act, for at least 6 years after the termination or expiration of the contract or policy.

(5) The strata corporation must retain the correspondence referred to in

section 35 (2) (

k) of the Act for at least 2 years.

(6) The strata corporation must retain current copies of the records and documents referred to in

section 35 (1) (

b) and (

c) and 35 (2) (

c) and (

d) of the Act and subsection (1) of this section.

(7) The strata corporation must retain the following records and documents referred to in

section 35 (2) (

n) of the Act and obtained from the owner developer under sections 20 and 23 of the Act for the following periods: (

a) the records and documents referred to in

section 20 (2) (a) (i), (ii), (iv), (

v) and (vi) of the Act must be permanently retained; (

b) the contracts, including insurance policies, referred to in

section 20 (2) (a) (iii) of the Act must be retained for at least 6 years after the termination or expiration of the contract or policy; (

c) the records and documents, other than warranties, referred to in

section 20 (2) (a) (vii) of the Act, must be retained until the disposal or replacement of the common property or common asset to which they relate; (

d) the warranties referred to in

section 20 (2) (a) (vii) of the Act must be retained until the disposal or replacement of the common property or common asset to which they relate, or the expiration of the warranty coverage, whichever comes first; (

e) the financial records obtained under

section 23 of the Act, if any, must be retained for at least 6 years after the transfer of control referred to in

section 22 of the Act. Maximum fees for records 4.2

(1) The maximum fee that the strata corporation may charge for a copy of a record or document provided under

section 36 of the Act is 25 cents per page.

(2) No fee may be charged to an owner, a tenant or a person authorized by an owner or tenant for the inspection of a record or document under

section 36 of the Act. Payment for failure to return records 4.3 For the purposes of

section 37 (2) of the Act, a person providing strata management services who fails to give the strata corporation any of the records required to be given under

section 37 (

I) of the Act must pay to the strata corporation $1 000. Maximum fee for Information Certificate 4.4 The maximum fee that the strata corporation may charge for an Information Certificate, including required attachments, referred to in

section 59 of the Act is $35 plus the cost of photocopying, or other means of reproduction, up to 25 cents per page. Expiry of Mortgagee's Request for Notification 4.5 A Mortgagee's Request for Notification under

section 60 of the Act expires on the earlier of the following: pagc 5 of 44

(a) 5 years from the date of the request; (

b) the date the mortgagee ceases to be a mortgagee of the strata lot.

PART 5 - PROPERTY Minor changes to strata lot size 5.1

(1) An owner who wishes to decrease the habitable part of the area of a residential strata lot without amending the

Schedule of Unit Entitlement need not comply with the requirements set out in

section 70 (4) of the Act.

(2) An owner who wishes to increase the habitable part of the area of a residential strata lot without amending the

Schedule of Unit Entitlement need not comply with the requirements set out in

section 70 (4) of the Act if (

a) the increase to the habitable part, combined with any previous increase to the habitable part, is less than 10% of the habitable part and less than 20 square metres, and (

b) the owner obtains the prior written approval of the strata corporation. Amount of builders lien holdback 5.2 For the purposes of

section 88 (2) of the Act, a purchaser of a strata lot from an owner developer must retain a holdback of 7% of the gross purchase price.

PART 6 - FINANCES Contributions to contingency reserve fund 6.1 (

I) For the purposes of

section 93 of the Act, if the amount of money in the contingency reserve fund at the end of any fiscal year after the first annual general meeting is less than 25% of the total annual budgeted contribution to the operating fund for the fiscal year that has just ended, the annual contribution to the contingency reserve fund must be at least 10% of the total contribution to the operating fund for the current fiscal year.

(2) If the amount of money in the contingency reserve fund at the end of any fiscal year after the first annual general meeting is equal to or greater than 100% of the total annual budgeted contribution to the operating fund for the fiscal year that has just ended, any additional contribution to the contingency reserve fund must be approved by a resolution passed by a 3/4 vote at an annual or special general meeting.

(3) If the amount of money in the contingency reserve fund at the end of any fiscal year after the first annual general meeting is at least 25% but less than 100% of the total annual budgeted contribution to the operating fund for the fiscal year that has just ended, the annual contribution to the contingency reserve fund may be of any amount. Guidelines for depreciation report 6.2 ( 1 ) For the purposes of

section 94 of the Act, a depreciation report prepared to assist a strata corporation in determining the appropriate amount for the annual contri- bution to the contingency reserve fund may estimate the repair or replacement page 6 of 44

cost for, and the expected life of, each of the items set out below, if applicable to the strata corporation, and any other items that the strata corporation considers should be included: (

a) the electrical system; (

b) the heating system; (

c) the plumbing system; (

d) the elevators; (

e) the exterior walls; (

f) the roof; (

g) carpeting and furnishings; (

h) interior and exterior painting; (

i) parking facilities and roadways; (

j) recreational facilities.

(2) The strata corporation's annual contribution to the contingency reserve fund relating to the repair or replacement of each of the items referred to in subsection (1) may be determined according to the following formula: estimated cost — past contribution expected life

(3) For the formula in subsection (2): "estimated cost" means the estimated cost to repair or replace; "past contribution" means the amount already contributed to the contingency reserve fund in respect of an estimated cost; "expected life" means the estimated number of years before the cost of repair or replacement is likely to be incurred.

(4) If a strata corporation prepares a depreciation report to assist it in determining the appropriate amount for the annual contribution to the contingency reserve fund, the strata corporation (

a) must contribute to the contingency reserve fund an additional amount, if required by

section 6.1 (1), and (

b) subject to the requirements of

section 6.1 (2), may contribute to the contingency reserve fund an additional amount to cover contingencies and items not included in the depreciation report.

(5) If a strata corporation contributes to the contingency reserve fund based on a depreciation report, the contributions in respect of an item become part of the contingency reserve fund and may be spent for any purpose permitted under

section 96 of the Act. Management of contingency reserve fund 6.3

(1) For the purposes of

section 95 (4) of the Act, the strata corporation may only lend money in the contingency reserve fund to the operating fund if both of the following conditions are met: (

a) the loan is to be repaid by the end of that fiscal year of the strata corporation; • .•

(

b) the loan is for the purpose of covering temporary shortages in the operating fund resulting from expenses becoming payable before the budgeted monthly contributions to the operating fund to cover these expenses have been collected.

(2) The strata corporation must inform owners as soon as feasible of the amount and purpose of any loan made under this section. Formulas for sharing operating expenses for limited common property and types of strata lots 6.4

(1) For the purposes of

section 99 of the Act, but subject to a resolution under

section 100 of the Act, if a contribution to the operating fund relates to and benefits only limited common property, the contribution is shared only by owners of the strata lots entitled to use the limited common property, and each strata lot's share of that contribution is to be calculated in accordance with the following formula and not in accordance with the formula set out in

section 99 (2) of the Act: unit entitlement of strata lot x contribution to operating fund total unit entitlement of all strata lots whose owners are entitled to we the limited common property to which the contribution relates

(2) For the purposes of

section 99 of the Act, but subject to a resolution under

section 100 of the Act, if a contribution to the operating fund relates to and benefits only one type of strata lot, and that type is identified as a type of strata lot in the bylaws of the strata corporation, the contribution is shared only by owners of strata lots of that type, and each strata lot's share of that contribution is to be calculated in accordance with the following formula and not in accordance with the formula set out in

section 99 (2) of the Act: unit entitlement of strata lot x contribution to operating fund total unit entitlement of all strata lots of the type to which the contribution relates

(3) Subject to a resolution under

section 100 or 108 (2) (

b) of the Act, if a strata lot's share of a contribution to the operating fund is calculated in accordance with subsection (1) or (2), each strata lot's share of the total contribution to the contingency reserve fund or a special levy is be calculated using the following formula: unit entitlement of strata lot total contribution to contingency total unit entitlement of all strata lots reserve fund or special levy Formulas for sharing operating expenses and special levies relating to strata lots 6.5

(1) For the purposes of

section 99 of the Act, but subject to a resolution under

section 100 or 108 (2) (

b) the Act, if a strata corporation has, by a bylaw passed under

section 72 (3) of the Act, taken responsibility for the repair and page 8 of 44

maintenance of specified portions of some but not all of the strata lots, a contri- bution to the operating fund or a special levy in respect of the repair or maintenance of those portions is shared only by the owners of the strata lots to which the contribution or special levy relates, and each strata lot's share of the contribution or special levy is to be calculated in accordance with the following formula and not in accordance with the formula set out in

section 99 (2) of the Act: unit entitlement of strata lot contribution to operating fund or special levy total unit entitlement of all strata lots to which the contribution or special levy relates

(2) Subject to a resolution under

section 100 of the Act, if a strata lot's share of a contribution to the operating fund or special levy is calculated in accordance with subsection (1), each strata lot's share of the total contribution to the contingency reserve fund is to be calculated using the following formula: unit entitlement of strata lot total contribution to contingency reserve fund total unit entitlement of all strata lots Budget requirements 6.6

(1) For the purposes of

section 103 (3) of the Act, the budget must contain the following information for the fiscal year to which the budget relates: (

a) the opening balance in the operating fund and the contingency reserve fund; (

b) the estimated income from all sources other than strata fees, itemized by source; (

c) the estimated expenditures out of the operating fund, itemized by category of expenditure; (

d) the total of all contributions to the operating fund; (

e) the total of all contributions to the contingency reserve fund; (

f) each strata lot's monthly contribution to the operating fund; (

g) each strata lot's monthly contribution to the contingency reserve fund; (

h) the estimated balance in the operating fund at the end of the fiscal year; (

i) the estimated balance in the contingency reserve fund at the end of the fiscal year.

(2) If contributions to the operating fund are calculated in accordance with

section 6.4 (1) or (2), 6.5 (1), 11.2 (1) or (2) or 11.3 (1) of this regulation, those contributions must be identified separately in the budget. Financial statement requirements 6.7

(1) For the purposes of

section 103 (3) of the Act, the financial statement must contain the following information for the fiscal year to which the financial statement relates as of a day that is within the 2 month period before the date of the annual general meeting: (

a) the opening balance in the operating fund and the current balance; page 9 of 44

(

b) the opening balance in the contingency reserve fund and the current balance; (

c) the details of the strata corporation's income from all sources, except special levies; (

d) the details of expenditures out of the operating fund, including details of any unapproved expenditures under

section 98 of the Act; (

e) the details of expenditures out of the contingency reserve fund, including details of any unapproved expenditures under

section 98 of the Act; (

f) income and expenditures, if any, by special levy under

section 108 of the Act.

(2) Within 8 weeks after the end of its fiscal year, the strata corporation must prepare a financial statement updated to the end of the fiscal year. Maximum amount of interest for late strata fees 6.8 For the purposes of

section 107 (1) of the Act, the maximum rate of interest that a strata corporation may set out in its bylaws for the late payment of strata fees is 10% per annum compounded annually. User fees for the use of common property or common assets 6.9 For the purposes of

section 110 of the Act, a strata corporation may impose user fees for the use of common property or common assets only if all of the following require- ments are met: (

a) the amount of the fee is reasonable; (

b) the fee is set out (

i) in a bylaw, or (ii) in a rule and the rule has been ratified under

section 125 (6) of the Act. Maximum fee for Certificate of Payment 6.10 The maximum fee that the strata corporation may charge for a Certificate of Payment referred to its

section 115 of the Act is $15.

PART 7 — BYLAWS AND RULES Maximum fines 7.1

(1) For the purposes of

section 132 of the Act, the maximum amount that a strata corporation may set out in its bylaws as a fine for the contravention of a bylaw or rule is: (a) $200 for each contravention of a bylaw, and (b) $50 for each contravention of a rule.

(2) Despite subsection (1), the maximum amount that a strata corporation may set out in its bylaws as a fine for the rental of a residential strata lot in contravention of a bylaw that prohibits or limits rentals is $500 for each contravention of the bylaw. page 10 of 44

(3) For the purposes of

section 132 of the Act, the maximum frequency that a strata corporation may set out in its bylaws for the imposition of a fine for a continuing contravention of a bylaw or rule is every 7 days. Definition for

section 135 of the Act 7.2 For the purposes of

section 135 (1) (

e) of the Act, "hearing" means an opportunity to be heard in person at a council meeting.

PART 8 - RENTALS

Definitions for

section 142 of the Act 8.1

(1) For the purposes of

section 142 of the Act, "family" and "family member" mean (

a) a spouse of the owner, (

b) a parent or child of the owner, or (

c) a parent or child of the spouse of the owner.

(2) In subsection (1), "spouse of the owner" includes an individual who has lived and cohabited with the owner, for a period of at least 2 years at the relevant time, in a marriage-like relationship, including a marriage-like relationship between persons of the same gender. Definition for

section 144 of the Act 8.2 For the purposes of

section 144 of the Act, "hearing" means an opportunity to be heard in person at a council meeting.

PART 9 - INSURANCE

Definitions for

section 149 of the Act 9.1

(1) For the purposes of

section 149 (1) (

d) of the Act, "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.

(2) For the purposes of

section 149 (4) (

b) of the Act, "major perils" means the perils of fire, lightning, smoke, windstorm, hail, explosion, water escape, strikes, riots or civil commotion, impact by aircraft and vehicles, vandalism and malicious acts. Minimum liability insurance 9.2 For the purposes of

section 150 of the Act, the strata corporation must obtain and maintain liability insurance for a minimum amount of $2 000 000. Filing of court orders under

section 160 of the Act 9.3 The strata corporation must file in the land title office a certified copy of any order made by the court under

section 160 of the Act. page 11 of 44

PART 10 — LEGAL PROCEEDINGS AND ARBITRATION Filing of order appointing administrator 10.1 An administrator appointed under

section 174 of the Act must file in the land title office a certified copy of the court order making the appointment.

PART 11 — SECTIONS Different types of residential strata lots for the purpose of creating sections 11.1 For the purposes of

section 191 (1) (

c) of the Act, the following are the different types of residential strata lots: (

a) apartment-style strata lots; (

b) townhouse-style strata lots; (

c) detached houses. Formulas for sharing operating expenses for limited common property and types of strata lots in sections 11.2

(1) For the purposes of

section 195 of tth, Act, but subject to a resolution under

section 100 of the Act, if a contribution to the operating fund relates to and benefits only limited common property for the exclusive use of strata lots in a section, the cor. *bution is shared only by owners of the strata lots entitled to use the limited common property, and each strata lot's share of that contribution is to be calculated in accordance with the following formula and not in accordance with the formula set out in

section 195 of the Act: unit entitlement of strata lot in

section x contribution to operating fund total unit entitlement of all strata lots in

section whose owners are entitled to use the limited common property to which the contribution relates

(2) For the purposes of

section 195 of the Act, but subject to a resolution under

section 100 of the Act, if a contribution to the operating fund relates to and benefits only one type of strata lot in a section, and that type is identified as a type of strata lot in the bylaws of the section, the contribution is shared only by owners of strata lots of that type, and each strata lot's share of that contribution is to be calculated in accordance with the following formula and not in accordance with the formula set out in

section 195 of the Act: x contribution to operating fund total unit entitlement of all strata lots in

section of the type to which the contribution relates

(3) Subject to a resolution under

section 100 or 108 (2) (

b) of the Act, if a strata lot's share of a contribution to the operating fund is calculated in accordance with subsection (1) or (2), each strata lot's share of the total contribution to the unit entitlement of strata lot in

section page 12 of 44

contingency reserve fund or a special levy is to be calculated using the following formula: unit entitlement of strata lot in

section total contribution to contingency reserve fund or special levy total unit entitlement of all strata lots in

section Formulas for sharing operating expenses and special levies relating to strata lots in sections 11.3

(1) For the purposes of

section 195 of the Act, but subject to a resolution under

section 100 or 108 (2) (

b) of the Act, if a

section has, by a bylaw passed under

section 72 (3) of the Act, taken responsibility for the repair and maintenance of specified portions of some but not all of the strata lots in the section, a contri- bution to the operating fund or a special levy in respect of the repair or maintenance of those portions is shared only by the owners of the strata lots to which the contribution or special levy relates, and each strata lot's share of the contribution or special levy is to be calculated in accordance with the following formula and not in accordance with the formula set out in

section 195 of the Act: unit entitlement of strata lot in

section contribution to operating fund or special levy total unit entitlement of all strata lots in

section to which the contribution or special levy relates

(2) Subject to a resolution under

section 100 of the Act, if a strata lot's share of a contribution to the operating fund or special levy is calculated in accordance with subsection (1), each strata lot's share of the total contribution to the contingency reserve fluid is to be calculated using the following formula: unit entitlement of strata lot in

section total contribution to contingency reserve fund total unit entitlement of all strata lots in

section

PART 12 — LEASEHOLD STRATA PLANS

Definitions for

section 199 of the Act 12.1 For the purposes of the definition of "leasehold landlord" in

section 199 of the Act, "public authority" means any of the following: (

a) a university as defined in the University Act,. (

b) the Sechelt Indian Band established under

section 5 (1) of the Sechelt Indian Band Self-Government Act (Canada); (

c) the Provincial Rental Housing Corporation; (

d) a board as defined in

section 1 of the School Act.

PART 13 — PHASED STRATA PLANS Fees for phased developments 13.1 If the land included in a phased development is in a rural area, there must be paid to the approving officer the following fees: page 13 of 44

(

a) for examining a Phased Strata Plan Declaration in Form P under

section 222 of the Act $100 (

b) for approving in Form Q a strata plan under

section 224 of the Act $100. Bylaws in phased developments 13.2 If a phase other than the first phase of a phased strata plan is deposited, the bylaws of the strata corporation established by the deposit of the first phase, and any amendments to those bylaws, are the bylaws for the new phase. Restrictions on changing the basis for sharing common expenses and amending bylaws 13.3

(1) Despite

section 100 of the Act, if an owner developer is in compliance with the dates for the beginning of construction of each phase as set out in the Phased Strata Plan Declaration or amended Phased Strata Plan Declaration, the strata corporation established by the deposit of a phased strata plan may not pass a resolution under that

section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under

section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner developer.

(2) Despite any provision of the Act, if an owner developer is in compliance with the dates for the beginning of construction of each phase as set out in the Phased Strata Plan Declaration or amended Phased Strata Plan Declaration, a strata corporation established by the deposit of a phased strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under

section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner developer: (

a) the keeping or securing of pets; (

b) the restriction of rentals; (

c) the age of occupants; (

d) the marketing activities of the owner developer which relate to the sale of strata lots in the strata plan. Owner developer's obligations from

Part 3 of the Act 13.4

(1) The requirements of

Part 3 of the Act apply to the first phase of a phased strata plan.

(2) The requirements of

Part 3 of the Act do not apply to a phase other than the first phase of a phased strata plan except as set out in this section.

(3) If the first annual general meeting of the strata corporation established by the deposit of the first phase of a phased strata plan has not yet been held at the time that a new phase is deposited, the requirements of

Part 3 of the Act apply to the new phase as if it were the first phase of a phased strata plan, but (

a) in respect of the application of sections 7 to 14 and 16 of the Act, the reference to the first conveyance of a strata lot must be interpreted as a reference to the first conveyance of any strata lot in the strata plan, page 14 of 44

(

b) in respect of the application of

section 12 of the Act, the owner developer is not required to establish a separate contingency reserve fund for the new phase, but must pay the required amount into the contingency reserve fund of the strata corporation established by the deposit of the first phase of the phased strata plan, (

c) in respect of the application of

section 13 of the Act, the interim budget referred to in

section 13 (1) (

a) of the Act must be for the 12 month period following the deposit of the new phase rather than for the 12 month period following the first conveyance of a strata lot to a purchaser, (

d) in respect of the application of

section 14 of the Act, the period referred to in

section 14 (1) must be interpreted as the period following the deposit of the new phase until the annual general meeting required under

section 230 of the Act, and (

e) in respect of the application of sections 20 (2) (

a) and 22 (

b) of the Act, the reference to the annual general meeting in those sections must be interpreted as a reference to the annual general meeting required under

section 230 of the Act.

(4) Subject to subsection (5), if the first annual general meeting of the strata corporation established by the deposit of the first phase of a phased strata plan has been held at the time that a new phase is deposited, sections 6 (2), 12, 13, 14, 18, 20 (2) (

a) and (3), 22 (

b) and 23 of the Act apply to the new phase as if it were the first phase of a phased strata plan, but (

a) in respect of the application of

section 12 of the Act, the owner developer is not required to establish a separate contingency reserve fund for the new phase, but must pay the required amount into the contingency reserve fund of the strata corporation established by the deposit of the first phase of the phased strata plan, (

b) in respect of the application of

section 13 of the Act, the interim budget referred to in

section 13 (I) (

a) of the Act must be for the 12 month period following the deposit of the new phase rather than for the 12 month period following the first conveyance of a strata lot to a purchaser, (

c) in respect of the application of

section 14 of the Act, the period referred to in

section 14 (1) must be interpreted as the period following the deposit of the new phase until the annual general meeting required under

section 230 of the Act, and (

d) in respect of the application of sections 20 (2) (

a) and 22 (

b) of the Act, the reference to the annual general meeting in those sections must be interpreted as a reference to the annual general meeting required under

section 230 of the Act.

(5) If the strata corporation established by the deposit of the strata plan for the first phase of a phased strata plan has approved a budget at an annual general meeting before the deposit of a new phase, sections 6 (2), 12, 13, 14 (1) to (3) and (6) to (8), 20 (2) (

a) and (3), 22 (

b) and 23 of the Act, as modified under subsection (4) of this section, apply to the new phase as if it were the first phase of a phased strata plan, with the following changes: (

a) the interim budget referred to in

section 13 (1) (

a) of the Act must be based on the budget approved by the strata corporation; page 15 of 44

(

b) the owner developer must calculate the contribution to the contingency reserve fund required under

section 12 of the Act as a percentage of the estimated annual operating expenses as set out in the interim budget for the new phase of the strata plan only; (

c) in addition to the copy of the interim budget required to be delivered under

section 13 (1) (

b) of the Act, the owner developer must deliver a copy of the most recent strata corporation budget to each prospective purchaser of a strata lot in the new phase before the prospective purchaser signs an agreement of purchase and sale. Annual general meeting after deposit of subsequent phase 13.5

(1) At the annual general meeting held under

section 230 of the Act, 2 additional members of the council must be elected from the owners of strata lots in the new phase to hold office until the next annual general meeting of the strata corpo- ration.

(2) If the new phase consists of only one strata lot or of strata lots owned by only one or 2 owners, that owner or those owners are deemed to be elected under subsection (1), if that owner or those owners consent.

(3) Any limit on the size of council set out in the bylaws is deemed to be increased temporarily by one or 2 to accommodate the temporary addition of a member or members under this section. Amendment of strata plan by owner developer 13.6 For the purposes of

section 258 of the Act, an owner developer may amend a phased strata plan to designate parking stalls as limited common property in a phase only up to the date of the annual general meeting required by the deposit of that phase under

section 230 of the Act.

PART 14 — LAND TITLES Definition for sections 241 and 242 of the Act 14.1 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 by the owner developer solely as a display lot for the sale of strata lots in the proposed strata plan. Definition for

section 246 of the Act 14.2 For the purposes of

section 246 of the Act, "habitable area" means the area of a residential strata lot which can be lived in, but does not include patios, balconies, garages, parking stalls or storage areas other than closet space. Form of strata plan 14.3

(1) Each sheet of a strata plan must be prepared on mylar film with a minimum thickness of 0.075 mm and a matte finish on both sides, and must be capable of being satisfactorily microfilmed, photocopied or scanned and stored electroni- cally using equipment in the land title office. page 16 of 44

(2) All lettering, drawing or figures on the strata plan must be made in black ink and must be of a permanent character.

(3) Each sheet must be of a uniform size, which must be either 216 mm x 280 mm or 280 mm x 432 mm, unless the registrar, in special circumstances, authorizes sizes 432 mm x 560 mm or 560 mm x 864 mm. Strata plan requirements 14.4 ( 1) Every strata plan tendered for deposit in a land title office must consist of a series of consecutively numbered sheets on the first of which is set out the matters required by

section 244 (1) (a), (

b) and (

f) of the Act followed by further sheets on which are shown the matters required by

section 244 (1) (c), (d), (g), (h), (

i) and (

j) of the Act and must comply with the following requirements: (

a) each sheet of a strata plan (

i) must be endorsed, if it is the first sheet referred to in the preceding paragraph, in the top right corner "Sheet 1 of sheets, Strata Plan ", and be endorsed in a like manner for the remaining sheets, and if a strata plan is to be deposited in phases, in addition to "Strata Plan " there must be added "Phase ", and (ii) must be dated and signed or initialled by the surveyor preparing the strata plan; (

b) if the strata plan includes a building, the perimeter of the building must be outlined on the first sheet and the first sheet must show (

i) the dimensions of such perimeter, (ii) the location of the building relative to the boundaries of the land included within the strata plan, and (iii) distances from the building to the boundaries, unless this requirement is dispensed with by the registrar; (

c) the strata plan must show the dimensions of the boundaries of the strata lots and limited common property and, if it is a bare land strata plan, must show the bearings of the boundaries of the strata lots and limited common property; (

d) each strata lot must be numbered or lettered on the strata plan consecutively, beginning with Strata Lot 1 or Strata Lot A; (

e) for the purposes of paragraph (d), different parts of a building which together constitute a single strata lot must bear the same strata lot number or letter preceded by "Part" or "Pt", and the area of each part of a strata lot shown must be shown on that part and the aggregate area must be shown on the larger part of the strata lot; if a strata plan includes a building, any line shown as a boundary of the strata lot represents a wall built from floor to ceiling, unless the strata plan indicates that the line does not represent a wall built from floor to ceiling, and in that case the area of the space must be dimensioned with reference to a wall or walls; (

g) if a floor of a building is stepped out or back from the floor immediately below it, the floor below must be indicated in dotted lines to show the change in perimeter and those lines labelled "perimeter of floor below"; page 17 of 44

(

h) unless the registrar permits the floor plan drawings of more than one floor or building to be shown on a single sheet, only the strata lots located on the same floor of the same building may be drawn on a single sheet, and the name or number of the floor must be shown at the top of the sheet, but a single floor plan drawing may be deposited if there are identical strata lots on identical floors of a building; (

i) the strata plan must include any representations, including an elevation or sectional drawing of the building, that the registrar may consider necessary to identify and locate the strata lots and floors within the building; (

j) strata lots must be numbered upward, starting from the lowest floor, unless the registrar permits otherwise; (

k) the strata plan must be accompanied by one mylar copy of its sheets, which may be machine made, of a quality equal to that specified in

section 14.3 (1), together with any paper prints that are necessary for the purposes of the taxing authorities and one paper print for the land title office; (1) measurements on the strata plan must be shown in metres and decimals of a metre; (

m) a scale and corresponding bar scale must (

i) be shown on each sheet of the strata plan, and (ii) must comply with the regulations made by the Surveyor General for surveys under the Land Title Act; (

n) all dimensioned lines and ties on the strata plan, exclusive of enlargements, must be true to scale; (

o) a north point must be shown on each sheet of the strata plan, unless this requirement is dispensed with by the registrar; (

P) all abbreviations or symbols used and all necessary particulars not otherwise expressed must be explained by a legend on the first sheet of the strata plan; (

q) the street address and the name of the municipality or assessment district in which the strata plan is located must be shown on the first sheet.

(2) If there is insufficient space for an endorsement or other matter required to be shown on the first sheet of the strata plan, it must be shown on the next sheet or sheets. Approvals and endorsements 14.5

(1) The approval of a phase in a phased strata plan required by

section 224 of the Act, and referred to in

section 244 (1) (

h) of the Act, must be in Form Q.

(2) The approval for common facilities required by

section 225 (1) of the Act, and referred to in

section 244 (1) (

h) of the Act, must be in Form R.

(3) The endorsement of nonoccupancy required by

section 241 (1) of the Act, and referred to in

section 244 (1) (i) (

i) of the Act, must be in Form S. (4) The approval of the approving authority required by

section 242 (7) or (8) of the Act, and referred to in

section 244 (1) (i) (ii) of the Act, must be in Form T. page 18 of 44

(5) The endorsement of the British Columbia land surveyor referred to in

section 244 (1) (

f) of the Act must be in Form U. Accompanying documents 14.6

(1) The mailing address of the strata corporation, required by

section 245 (

c) of the Act to accompany a strata plan tendered for deposit, must be set out in Form X.

(2) Any bylaws that differ in any respect from the Standard Bylaws, required by

section 245 (

d) of the Act to accompany a strata plan tendered for deposit, must be set out in Form Y. Form of documents 14.7

(1) Every instrument or document filed in a land title office under the Act, including attachments, must be on durable paper 8 1/2 inches by 11 inches in size.

(2) The instrument must be completed (

a) by printing or typing in legible characters of 10 or 12 pitch, but not smaller than 12 point, and (

b) by printing or typing in black or dark ink that is compatible with electronic scanning, optical character recognition or micrographic technology of the kind used in the land title office.

(3) The instrument must contain a blank space not less than 1 1/2 inches deep and 6 inches wide in the top right corner of the first page for use by the land title office.

(4) This

section does not apply to plans. Fees payable to superintendent 14.8 The fee to be paid to the superintendent for examining a

schedule to a strata plan under

section 246 or 248 of the Act is $100. Application to deposit strata plan 14.9 Every strata plan tendered for deposit and registration must be accompanied by an Application to Deposit Strata Plan in Form Z, signed by the person applying to deposit the strata plan or by his or her agent, and the duplicate indefeasible title covering the land must be produced for cancellation if not already in the land title office.

Endorsement by registrar 14.10 The deposit and registration of a strata plan must be effected by the registrar endorsing on the first sheet of it in the top right-hand corner the fact of the deposit and regis- tration in the following manner: Strata Plan deposited and registered in the Land Title Office at B.C., [month day, year] [Registrar] Indefeasible title 14.11

(1) On every indefeasible title issued for a strata lot, the registrar must endorse the following: page 19 of 44

"STRATA PROPERTY ACT (Section 249)".

(2) The registrar must include on any indefeasible title for a strata lot, in the legal description, the words "together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form V".

(3) The registrar must not register an indefeasible title covering more than one strata lot and its owner's share in the common property.

(4) On registration of an indefeasible title under

section 249 (2) of the Act, the registrar must transmit to the appropriate taxing authority a copy of the strata plan. Correction of errors 14.12

(1) In this section, "error" means any erroneous measurement or error, defect or omission in a registered strata plan.

(2) If it appears to the registrar that there is an error in any registered strata plan, the registrar may give notice or direct that notice be given to any person, in the manner and within the time determined by the registrar, and the registrar, after considering submissions, if any, and examining the evidence, may correct the error. Court ordered amendments to

Schedule of Unit Entitlement 14.13 No application may be brought under

section 246 (7) of the Act unless one or both of the following conditions apply: (

a) the actual habitable area or square footage of a strata lot is at least 10% greater than, or 10% less than, the habitable area or square footage used to determine the unit entitlement of the strata lot; (

b) the actual habitable area or square footage of a strata lot is at least 20 square metres greater than, or 20 square metres less than, the habitable area or square footage used to determine the unit entitlement of the strata lot. Notation on common property record 14.14 The registrar must note on the common property record any freehold disposition of common property by the strata corporation and any designation or removal of limited common property.

PART 15 — STRATA PLAN AMENDMENT AND AMALGAMATION [NO SECTIONS]

PART 16 — CANCELLATION OF STRATA PLAN AND WINDING UP OF STRATA CORPORATION Cancellation of strata plan 16.1 If a strata plan is cancelled by the registrar under

Section 275 (1) of the Act or by court order under

section 281 of the Act, the registrar page 20 of 44

(

a) may require the deposit of a reference plan which creates a single parcel from the land shown on the strata plan, and (

b) must do all of the following: (

i) make a notation of the cancellation on the strata plan; (ii) make such further entries in the records as the registrar considers necessary; (iii) mail a copy of the order to the appropriate taxing authority.

PART 17 - GENERAL

Definitions 17.1 For the purposes of this Part, "Condominium Act" means the Condominium Act, R.S.B.C. 1996, c. 64 or other former Act. Strata corporation name 17.2

(1) Despite any other provision of the Act, a strata corporation created under the Condominium Act has as its name, and may continue to use, the name given to it under the Condominium Act.

(2) Despite subsection (1) or any provision of the Act, the omission or inclusion of the word "No." from a strata corporation's name does not affect the validity of that name. Application of

Part 3 of the Act 17.3

(1) Sections 10, 12 and 14 (5) of the Act do not apply to an owner developer with respect to a strata corporation for which the owner developer has filed a prospectus or disclosure statement under the Real Estate Act before the coming into force of this section.

(2) If a strata plan was deposited under the Condominium Act, and the owner developer holds the first annual general meeting within the time limit that would have applied if the relevant provisions of the Condominium Act were still in force,

section 17 (

b) of the Act does not apply. Time to comply with requirements 17.4 A strata corporation created under the Condominium Act need not comply with the requirements of sections 62, 110 and 150 of the Act until January 1, 2002. Investment of contingency reserve fund 17.5

(1) Subject to subsection (2), a strata corporation created under the Condominium Act need not comply with

section 95 (2) of the Act with respect to money in its contingency reserve fund which is already invested, on the coming into force of this section, in a manner not permitted by

section 95 (2) of the Act.

(2) If an investment referred to in subsection (1) is disposed of after the coming into force of this section, the proceeds from the disposition may only be invested as permitted by

section 95 (2) of the Act. page 21 of 44

Bare land strata plan easements 17.6 'The easements referred to in

section 69 (1) (

b) and (2) (

b) of the Act do not apply to a strata lot in a bare land strata plan deposited under the Condominium Act unless (

a) the existence of the pipes, wires, cables, chutes, ducts or other facilities was disclosed to the purchaser of the strata lot by the owner developer in the prospectus or disclosure statement required under the Real Estate Act, or (

b) the owner of the strata lot burdened by the easement has consented to the easement in writing. Short term exclusive use 17.7 Despite

section 76 (2) of the Act, a right, permission or privilege granted, before the coming into force of this section, under

section 117 (

f) of the Condominium Act or a similar bylaw under which the strata corporation gives an owner permission to exclusively use or enjoy, or a special privilege in relation to, common property that is not designated as limited common property under

section 53 of the Condominium Act continues to be enforceable in accordance with its terms, but may be renewed only as permitted by

section 76 of the Act. Certificate of Payment 17.8

(1) A certificate in Form A under

section 38 of the Condominium Act issued by a strata corporation before the coming into force of this

section is deemed to be a Certificate of Payment under

section 115 of the Act.

(2) The certificate in Form A referred to in subsection (1) is valid for the purposes of

section 256 of the Act for a period of 3 months from the date it was issued. Payment of strata fees 17.9 If a strata corporation created under the Condominium Act has no bylaw that establishes a

schedule for the payment of strata fees, the strata corporation is deemed, on the coming into force of this section, to have the bylaw set out in

section 1 of the Standard Bylaws to the Act. Rules 17.10

(1) A rule or regulation made by a strata corporation under

section 117 (

h) of the Condominium Act, or made under a similar bylaw, is deemed to be a rule of which owners and tenants have been informed under

section 125 (4) of the Act and is deemed to have been ratified as required by

section 125 (6) of the Act.

(2) Subject to subsection (3), a rule or regulation referred to in subsection (1) that conflicts with a provision in Parts 1 to 17 of the Act or this regulation continues to have effect despite the conflicting provision.

(3) On January 1, 2002, a rule or regulation referred to in subsection (1) ceases to have effect to the extent that it conflicts with a provision in Parts 1 to 17 of the Act, this regulation or a bylaw. Bylaws 17.11

(1) Except as provided in

section 17.9 of this regulation, the Standard Bylaws do not apply to a strata corporation created under the Condominium Act until January 1, 2002, and on that date apply only to the extent set out in this section. page 22 of 44

(2) Subject to subsections (3) to (5), a strata corporation bylaw existing under the Condominium Act immediately before the coming into force of this section, including a bylaw under

Part 5 of the Condominium Act or under a former Act which was deemed, by

section 26 (2) of the Condominium Act or a similar

section of a former Act, to be a bylaw of the strata corporation, continues to have effect despite any provision of the Act or this regulation.

(3) On January 1, 2002, (

a) the Standard Bylaws are deemed to be the bylaws for all strata corporations created under the Condominium Act, except to the extent that conflicting bylaws are filed in the land title office, and (

b) any bylaws under

Part 5 of the Condominium Act or under a former Act which were deemed, by

section 26 (2) of the Condominium Act or a similar

section of a former Act, to be bylaws of the strata corporation cease to have effect.

(4) Subject to subsection (5), if a strata corporation bylaw filed in the land title office conflicts with a Standard Bylaw, the filed bylaw prevails.

(5) On January 1, 2002, a strata corporation bylaw filed in the land title office ceases to have effect to the extent that it conflicts with a provision in Parts 1 to 17 of the Act or this regulation. Bylaws respecting pets 17.12 If

section 3 (4) of the Standard Bylaws is deemed, under

section 17.11 (3) (

a) of this regulation, to be a bylaw of a strata corporation,

section 123 (1) of the Act applies as if that deemed bylaw were passed on January 1, 2002. Types of strata lots 17.13

(1) Subject to the bylaws of the strata corporation, if a strata corporation's budget, in effect on the coming into force of this section, apportions any common expenses to one or more type of strata lot in accordance with

section 128 (2) of the Condominium Act or a similar bylaw, the strata corporation may continue to use the type of strata lot identified in the budget as a "type of strata lot" for the purposes of sections 6.4 (2) and 11.2 (2) of this regulation. (2) Subsection (1) is of no effect on or after January 1, 2002.

(3) Before January 1, 2002, a strata corporation may enact a bylaw that identifies the type of strata lot set out in the budget referred to in subsection (1) as a "type of strata lot" for the purposes of sections 6.4 (2) and 11.2 (2).

(4) Despite

section 128 (1) of the Act, a bylaw under subsection (3) may be approved by a resolution passed by a majority vote at an annual or special general meeting. Rental disclosure by owner developer 17.14

(1) A rental disclosure statement delivered to the superintendent by an owner developer under

section 31 of the Condominium Act before the coming into force of this

section is deemed to be a Rental Disclosure Statement under

section 139 of the Act.

(2) To change a rental disclosure statement referred to in subsection (1), the owner developer must comply with the requirements of

section 139 of the Act. page 23 of 44

Applicability of rental restriction bylaws 17.15 Despite

section 143 (2) of the Act, but subject to

section 143 (1) of the Act, if a strata lot is conveyed by the first purchaser of the strata lot, and the strata lot was designated as a rental strata lot on a rental disclosure statement in the prescribed form under

section 31 of the Condominium Act and all the requirements of

section 31 of the Condominium Act were met, a bylaw that prohibits or limits rentals does not apply to that strata lot until the earlier of: (

a) the date the rental period expires, as disclosed in the statement; (

b) January I, 2006. Arbitration 17.16

(1) If an arbitration has commenced under

section 44 of the Condominium Act before the coming into force of this section, (

a) section 45 of the Condominium Act applies to that arbitration, and (

b) sections 175 to 189 of the Act do not apply to that arbitration.

(2) For the purposes of this section, an arbitration has commenced if the arbitrator or arbitrators have been appointed under

section 44 of the Condominium Act. Phased developments 17.17 (1) Sections 221 (2) and 222 (2) of the Act do not apply to a phased strata plan for which a Form E under

section 77 of the Condominium Act has been approved by an approving officer before the coming into force of this section.

(2) Despite any

section of the Act, if the first phase of a phased strata plan has been deposited in the land title office before the coming into force of this section, (

a) the requirements for the

schedule of unit entitlement,

schedule of voting rights,

schedule of interest on destruction and address for service set out in sections 1 (2) to (6) and 4 (

f) to (

i) of the Condominium Act and the forms required for those sections apply to all phases of the phased strata plan, and (

b) sections 245 (

a) to (c), 246 to 248 and 250 (2) (

a) to (

c) of the Act do not apply. Conversions 17.18

Section 242 (9) of the Act does not apply to an approval of a conversion of a previously occupied building obtained under

section 9 of the Condominium Act. Parking designated by owner developer 17.19

(1) Section 258 of the Act does not apply to a strata plan deposited under the Condominium Act.

(2) Despite subsection (1),

section 258 of the Act applies to a phase of a phased strata plan if the phase is deposited after the coming into force of this section.

PART 18 — DEFINITION FOR STANDARD BYLAWS Definition for

section 15 of Standard Bylaws 18.1 For the purposes of

section 15 of the Standard Bylaws, "hearing" means an opportunity to be heard in person at a council meeting. page 24 of 44

Strata Property Act FORM A PROXY APPOINTMENT (OPTIONAL FORM) (Section 56) Re: Strata Lot [strata lot number as shown on strata plan] of Strata Plan [the registration number of the strata plan] [Check only one box] 1 0 General proxy I/We, [name(s)], the owner(s)/tenant(s)/mortgagee of the strata lot described above, appoint [name of appointee] to act as my/our proxy beginning [month day, year] until [month day, year] . 2 0 Proxy for a specific meeting I/We, [name(s)] , the owner(s)/tenant(s)/mortgagee of the strata lot described above, appoint [name of appointee] to act as my/our proxy at the annual or special general meeting to be held on [month day, year] . 3 0 Proxy for a specific resolution I/We, [name(s)], the owner(s)/tenant(s)/mortgagee of the strata lot described above, appoint [name of appointee] to act as my/our proxy with respect to the following resolution at the annual or special general meeting to be held on [month day, year]. [wording of revolution] [voting instructions] Limitations on Proxy, if any [set out limitations] Date: [month day, year] .

Signature of Ownerrfenant/Mortgagee Signature of Owner/Tenant/Mortgagee page 25 of 44

Strata Property Act FORM B INFORMATION CERTIFICATE (Section 59) The Owners, Strata Plan [the registration number of the strata plan] certify that the information contained in this certificate with respect to Strata Lot [strata lot number as shown on strata plan] is correct as of the date of this certificate. [Attach a separate sheet if the space on this form is insufficient]. (

a) Monthly strata fees payable by the owner of the strata lot described above (

b) Any amount owing to the strata corporation by the owner of the strata lot described above (other than an amount paid into court, or to the strata corporation in trust under

section 114 of the Strata Property Act) (

c) Are there any agreements under which the owner of the strata lot described above takes responsibility for expenses relating to alterations to the strata lot, the common property or the common assets? 0 no 0 yes [attach copy of all agreements] (

d) Any amount that the owner of the strata lot described above is obligated to pay in the future for a special levy that has already been approved The payment is to be made by [month day, year]. (

e) Any amount by which the expenses of the strata corporation for the current fiscal year are expected to exceed the expenses budgeted for the fiscal year....... (

f) Amount in the contingency reserve fund minus any expenditures which have already been approved but not yet taken from the fund (

g) Are there any amendments to the bylaws that are not yet filed in the land title office? 0 no 0 yes [attach copy of all amendments] (

h) Are there any resolutions passed by a 3/4 vote or unanimous vote that are required to be filed in the land title office but that have not yet been filed in the land title office? 0 no 0 yes [attach copy of all resolutions] (

i) Has notice been given for any resolutions, requiring a 3/4 vote or unanimous vote or dealing with an amendment to the bylaws, that have not yet been voted on? 0 no 0 yes [attach copy of all notices] (

j) Is the strata corporation party to any court proceeding or arbitration, and/or are there any judgments or orders against the strata corporation? 0 no 0 yes [attach details] (

k) Have any notices or work orders been received by the strata corporation that remain outstanding for the strata lot, the common property or the common assets? 0 no 0 yes [attach copies of all notices or work orders]

(1) Number of strata lots in the strata plan that are rented . Date: [month day, year] . Signature of Council Member page 26 of 44

Signature of Second Council Member (not required if council consists of only one member) OR Signature of Strata Manager, if authorized by strata corporation Strata Property Act FoRM C MORTGAGEE'S REQUEST FOR NOTIFICATION (Section 60; Regulations

section 4.5) Re: Strata Lot [strata lot number as shown on strata plan] of Strata Plan [the registration number of the strata plan] I, [name], mortgagee of the strata lot described above, request: [check appropriate box(es)] ❑notices of annual and special general meetings under

section 45 of the Strata Property Act; ❑notices of money owing under

section 113 of the Strata Property Act. Date: [month day, year] *. Signature of Mortgagee, or Agent of Mortgagee Name and Address for Notification: *

Section 4.5 of these regulations provides that a Mortgagee's Request for Notification in Form C under

section 60 of the Act expires on the earlier of the following: (a) 5 years from the date of the request; (

b) the date the mortgagee ceases to be a mortgagee of the strata lot. Strata Property Act FORM D STRATA CORPORATION CHANGE OF MAILING ADDRESS (Section 62 (3)) Re: Strata Plan [the registration number of the strata plan] The mailing address of the strata corporation has been changed to: Date: [month day, year]. Signature of Council Member Signature of Second Council Member (not required if council consists of only one member) OR Signature of Strata Manager, if authorized by strata corporation page 27 of 44

Strata Property Act FORM E CERTIFICATE OF STRATA CORPORATION (Sections 78, 79, 80, 100, 214, 257, 259, 261, 262, 263, 266, 269, 274, 283) Complete and file only the applicable form of certificate. CERTIFICATE FOR

SECTION 78, 79, 80, 214, 257, 259, 261, 262, 263 OR 266 The Owners, Strata Plan [the registration number of the strata plan] certify that a resolution referred to in

section [section number] of the Strata Property Act was passed by a unanimous vote or 3/4 vote [check appropriate vote] at an annual or special general meeting held on [month day, year] , and that the attached instru- ment, schedule, plan or other document conforms to the resolution. For the purposes of

section 165 (4) (

f) of the Land Title Act, execution of the attached instrument has been approved by a resolution at an annual or special general meeting in accordance with the requirements of the Strata Property Act, and the instrument conforms to the resolution. Signature of Council Member Signature of Second Council Member (not required if council consists of only one member) CERTIFICATE FOR

SECTION 100 The Owners, Strata Plan [the registration number of the strata plan] certify that the attached resolution was passed, under

section 100 of the Strata Property Act, by a unanimous vote at an annual or special general meeting held on [month day, year] . For the purposes of

section 165 (4) (

f) of the Land Title Act, execution of the attached instrument has been approved by a resolution at an annual or special general meeting in accordance with the requirements of the Strata Property Act, and the instrument conforms to the resolution. Signature of Council Member Signature of Second Council Member (not required if council consists of only one member) CERTIFICATE FOR

SECTION 269 The Owners, Strata Plan [the registration number of the strata plan] certify that a resolution referred to in

section 269 of the Strata Property Act was passed by a 3/4 vote at an annual or special general meeting held on [month day, year] , and that the attached instrument, schedule, plan or other document conforms to the amalgamation agree- ment. For the purposes of

section 165 (4) (

f) of the Land Title Act, execution of the attached instrument has been approved by a resolution at an annual or special general meeting in accordance with the requirements of the Strata Property Act, and the instrument conforms to the resolution. Signature of Council Member Signature of Second Council Member (not required if council consists of only one member) page 28 of 44

CERTIFICATE FOR

SECTION 274 The Owners, Strata Plan [the registration number of the strata plan] certify that (

a) a resolution referred to in

section 272 of the Strata Property Act was passed by a unanimous vote at an annual or special general meeting held on [month day, year] , (

b) the attached conversion

schedule conforms to the resolution, and (

c) the strata corporation has no debts other than debts held by persons who have consented in writing, under

section 274 (

b) of the Strata Property Act, to the winding up of the strata corpo- ration. For the purposes of

section 165 (4) (

f) of the Land Title Act, execution of the attached instrument has been approved by a resolution at an annual or special general meeting in accordance with the requirements of the Strata Property Act, and the instrument conforms to the resolution. Signature of Council Member Signature of Second Council Member (not required if council consists of only one member) CERTIFICATE FOR

SECTION 283 The Owners, Strata Plan [the registration number of the strata plan] certify that the attached document(

s) referred to in

section 283 of the Strata Property Act were approved by a resolution passed by a 3/4 vote at an annual or special general meeting held on [month day, year]. For the purposes of

section 165 (4) (

f) of the Land Title Act, execution of the attached instrument has been approved by a resolution at an annual or special general meeting in accordance with the requirements of the Strata Property Act, and the instrument conforms to the resolution. Signature of Council Member Signature of Second Council Member (not required if council consists of only one member) Strata Property Act FORM F CERTIFICATE OF PAYMENT (Section 115) The Owners, Strata Plan [the registration number of the strata plan] certify under

section 115 of the Strata Property Act that the owner of the strata lot described as [parcel identifier] [legal description of strata lot] (

a) does not owe money to the strata corporation, or (

b) does owe money but (

i) the money claimed by the strata corporation has been paid into court, or to the strata corporation in trust, under

section 114 of the Strata Property Act, or (ii) arrangements satisfactory to the strata corporation have been made to pay the money owing. Date: [month day, year] *. page 29 of 44

Signature of Council Member Signature of Second Council Member (not required if council consists of only one member) OR Signature of Strata Manager, if authorized by strata corporation *

Section 115 (2) of the Act provides that a Certificate of Payment is current for the purposes of

section 256 of the Act for a period of 60 days from the date it is issued. Strata Property Act FORM G CERTIFICATE OF LIEN (Section 116) The Owners, Strata Plan [the registration number of the strata plan] certify that: 1 The owner of the strata lot described below has failed to pay the strata corporation one or more of the amounts owing under

section 116 of the Strata Property Act. 2 The amount owing to the strata corporation as of [month day, year] is , plus costs permitted under

section 118 of the Strata Property Act. 3 The strata corporation claims a lien under

section 116 of the Strata Property Act for the amount owing under paragraph 2 against the strata lot described below. [parcel identifier] [legal description of strata lot] Date: [month day, year] .

Signature of Council Member Signature of Second Council Member (not required if council consists of only one member) OR Signature of Strata Manager, if authorized by strata corporation Strata Property Act FORM H ACKNOWLEDGEMENT OF PAYMENT (Section 116 (6)) The Owners, Strata Plan [the registration number of the strata plan] certify that: 1 The amount owing under the Certificate of Lien registered as No. against the title to the strata lot described as [parcel identifier] [legal description of strata lot] has been received. 2 The lien against the strata lot is hereby released. Date: [month day, year] .

Signature of Council Member page 30 of 44

Description of Strata Lot [strata lot num- ber as shown on strata plan] Date Rental Period Expires [month day, year] Signature of Second Council Member (not required if council consists of only one member) OR Signature of Strata Manager, if authorized by strata corporation Strata Property Act FORM I AMENDMENT TO BYLAWS (Section 128) The Owners, Strata Plan [the registration number of the strata plan] certify that the following or attached amendments to the bylaws of the strata corporation were approved by a resolution passed in accordance with

section 128 of the Strata Property Act at an annual or special general meeting held on [month day, year]*: [wording of bylaw amendment] Signature of Council Member Signature of Second Council Member (not required if council consists of only one member) *Section 128 (3) of the Act provides that an Amendment to Bylaws must be filed in the land title office within 60 days of the amendment being approved.

Strata Property Act FORM J RENTAL DISCLOSURE STATEMENT (Section 139) Re: Strata Plan [the registration number of the strata plan] or [legal description of development] I The development described above includes [number] residential strata lots. 2 The residential strata lots described below are rented out by the owner developer as of the date of this statement and the owner developer intends to rent out each strata lot until the date set out opposite its description. [Describe all strata lots rented out by owner developer as of the date of this statement] 3 In addition to the number of residential strata lots rented out by the owner developer as of the date of this statement, the owner developer reserves the right to rent out a further [number] residential strata lots, as described below, until the date set out opposite each strata lot's description. page 31 of 44

Description of Strata Lot [strata lot num- ber as shown on strata plan] Date Rental Period Expires [month day, year] [Describe all strata lots intended to be rented out by the owner developer.] 4 There is no bylaw of the strata corporation that restricts the rental of strata lots. OR There is a bylaw of the strata corporation that restricts the rental of strata lots, the text of which is attached to and forms part of this statement. [Strike out sentence which does not apply.] Date: [month day, year] .

Signature of Owner Developer Strata Property Act FORM K NOTICE OF TENANT'S RESPONSIBILITIES (Section 146) Re: Strata Lot [strata lot number as shown on strata plan] of Strata Plan [the registration number of the strata plan] Street Address of Strata Lot Name(

s) of tenant(

s) Tenancy commencing [month day, year].

IMPORTANT NOTICE TO TENANTS: 1 Under the Strata Property Act, a tenant in a strata corporation must comply with the bylaws and rules of the strata corporation that are in force from time to time (current bylaws and rules attached). 2 The current bylaws and rules may be changed by the strata corporation, and if they are changed, the tenant must comply with the changed bylaws and rules. 3 If a tenant or occupant of the strata lot, or a person visiting the tenant or admitted by the tenant for any reason, contravenes a bylaw or rule, the tenant is responsible and may be subject to penalties, including fines, denial of access to recreational facilities, and if the strata corporation incurs costs for remedying a contravention, payment of those costs.

Date: [month day, year] . Address of landlord, or agent of landlord: Signature of landlord, or Agent of Landlord Signature of Tenant Signature of Tenant page 32 of 44

Strata Property Act FORM L NOTICE BEGINNING ARBITRATION (Section 179) I/We, [check appropriate box] ❑ the Owners, Strata Plan [the registration number of the strata plan] , ❑ the owner(s)/tenant(