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Volume 52, No. 24

B.C. Reg. 312/2009

The British Columbia Gazette,

Part II

December 15, 2009

B.C. Reg. 312/2009 , deposited December 11, 2009, pursuant to the STRATA PROPERTY AMENDMENT ACT, 2009 [Section 37] and the STRATA PROPERTY ACT [Section 292]. Order in Council 707/2009, approved and ordered December 10, 2009.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) sections 2, 3, 4, 6, 7 (b), 8, 9, 11, 13, 14, 17, 18, 20 to 24, 26, 28, 29, 32, 33 (b), 35 and 36 of the Strata Property Amendment Act , 2009 , S.B.C. 2009, are brought into force, and

(

b) effective January 1, 2010, the Strata Property Regulation, B.C. Reg. 43/2000, is amended as set out in the attached Schedule.

— R. COLEMAN, Minister of Housing and Social Development ; C. HANSEN, Presiding Member of the Executive Council .

Schedule

Part 4 of the Strata Property Regulation, B.C. Reg. 43/2000, is amended by adding the following section:

Definition for

section 34.1 of the Act

4.01 For the purposes of

section 34.1 of the Act, "hearing" means an opportunity to be heard in person at a council meeting.

Section 6.8 is amended by

(

a) renumbering the

section as

section 6.8 (1), and

(

b) adding the following subsection:

(2) For the purposes of

section 108 (4.1) of the Act, the maximum rate of interest that a strata corporation may establish under that

section is 10% per annum compounded annually.

Section 6.11 is amended by by striking out " in the following investments for the purposes of

section 95 (2) (

a) of the Act: " and substituting " or money collected on a special levy in the following investments for the purposes of

section 95 (2) (

a) or 108 (4) (b) (i), as the case may be, of the Act: ".

4 The following

section is added:

Investment of money collected under special levies

6.12

(1) Subject to subsection (2), a strata corporation need not comply with

section 108 (4) (

b) of the Act with respect to money collected on a special levy if that money was invested by or on behalf of the strata corporation before the coming into force of this section.

(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 108 (4) (

b) of the Act.

Section 17.15 is repealed.

Section 18.1 is repealed.

7 Form I is amended by striking out " *

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. " and substituting " *

Section 128 (2) of the Act provides that an Amendment to Bylaws must be filed in the land title office. "

8 Form J is amended

(

a) before

section 1 by adding the following:

This Rental Disclosure Statement is [ Check whichever box is correct and provide any required information. ]

[ ] the first Rental Disclosure Statement filed in relation to the above-noted strata plan

[ ] a changed Rental Disclosure Statement filed under

section 139 (4) of the Strata Property Act , and the original Rental Disclosure Statement filed in the relation to the above-noted strata plan was filed on ......

[ dd/mmm/yyyy ]...... , and

(

b) in sections 2 and 3 by repealing the table and substituting the following:

Description of Strata Lot [ strata lot

number as shown on the strata plan ]

Date Rental Period Expires [ specify a

date — "indefinitely" or timing related to

an event is not acceptable ]*

[ dd/mmm/yyyy ]

[ dd/mmm/yyyy ]

*Section 143 (2) of the Strata Property Act provides that, if this Rental Disclosure Statement is filed after December 31, 2009, a bylaw that prohibits or limits rentals will not apply to a strata lot described in this table until the date set out in the table opposite the description of the strata lot, whether or not the strata lot is conveyed before that date.

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