Sentences with phrase «strata plan»
A strata plan refers to a detailed map or blueprint of a multi-unit property such as a condominium or apartment building. It shows how the building is divided into individual units or apartments, common areas, and any additional facilities like parking lots or swimming pools. This plan helps to outline the different sections and ownership boundaries within the property. Full definition
As strata buildings in BC age, the need to cancel strata plans and wind up strata corporations is becoming more common.
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Approved as Phase... [number of phase] of a... [total number of phases] phase strata plan under section 224 of the Strata Property Act.
In Strata Plan LMS 1564 v. Lark Odyssey Project Ltd., 2008 BCCA 509, this question had been described as «arguable».
To address the standing concern, owners have been added as plaintiffs to existing strata corporation actions (See Strata Plan LMS 1564 v. Lark Odyssey Project Ltd., 2008 BCSC 316, appeal dismissed, 2008 BCCA 509; 2009 BCSC 1024).
(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.
Past strata cases have held that all members of a strata are potentially subject to both document and oral discovery (see Strata Plan No.
It is important to note that, before this matter was decided, Donald J.A. of the Court of Appeal must have referred to the opinion of his colleague Madam Justice Saunders in The Owners, Strata Plan LMS3259 v. Sze Hang Holding Inc., 2012 BCCA 196 (CanLII).
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.
It was a step too far for the British Columbia Court of Appeal in the case of The Owners Strata Plan LMS 2768 v. Jordison.
It came to light when Dehsabzi filed a summons in the Supreme Court of NSW against the apartment's Owners Corporation Strata Plan, a group of residents who are trying to stop him fitting out and trading from one of the units as a Domino's Pizzeria.
That case, The Owners, Strata Plan BCS 1721 v. Watson, 2017 BCSC 763, is important because it sets the procedures for the court to follow in determining an application for leave to appeal, on which the Act is silent.
In The Owners, Strata Plan NW 499 v. Louis, 2015 BCSC 1487, Mr. Justice Armstrong held that, although creatures of statute, strata corporations were not «government» for the purposes of the Charter and therefore, the disgruntled Mr. Louis» constitutional arguments were not supportable Continue reading →
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.
(3) The fee to be paid to the superintendent for examining a schedule of unit entitlement, schedule of voting rights or schedule of interest on destruction for a phase in a phased strata plan referred to in subsection (2) is $ 200 per schedule.
The Owners, Strata Plan NW2575), he notes, the CRT ruled against a strata corporation that had insurance defence coverage for a claim, including legal representation as an insurance benefit, being allowed to have the lawyer appointed by their insurer represent them in the claim.
There's also an earlier decision arriving at the same result: Mackenzie v. Vance (1997), 74 D.L.R. (3d) 383, 2 C.C.L.T. 63, 19 N.S.R. (2d) 381 (N.S.C.A.) using the same approach as in Strata Plan.
You should also ask to see any applicable warranty information, envelope inspection reports or remediation reports, the registered strata plan and any amendments or resolutions dealing with the common property and any correspondence to owners from the strata council over the last twelve months.
The tribunal has now published its first decision, The Owners, Strata Plan LMS 2900 v Mathew Hardie ST -2016-00297.
Special costs are awarded to the Respondents (The Owners, Strata Plan LMS3259, Hanson Laud, John Wong, Sammy Chung, Martin Li and Billy Chui) after the Appellants (Mr. Leon Lam, Sze Hang Holding Inc., Extra Gift Exchange Inc. and Richmond Liquidation Sales) resort to «attacks» on the reputation of their opponents.
A building, flats or units divided into blocks, each of which has a title and common property that is part of the land and building in the strata plan.
Matters that affect land, such as those involving liens and phased strata plans, will continue to be heard in the supreme court, as well as other more serious matters, like the appointment of an administrator or liquidation.
One recent notable case was last year's The Owners, Strata Plan LMS 1751 v. Scott Management Ltd. at the British Columbia Court of Appeal.
The CRT issued its first decision on November 24, 2016, Owners, Strata Plan LMS 2900 v. Mathew Hardy, 2017 CRTBC 1.
Whatever technical difficulties I may have had trying to find the first CRT decision (Owners, Strata Plan LMS 2900 v. Mathew Hardy, 2017 CRTBC 1) have been resolved.
The British Columbia Law Institute has just published its Report on Terminating a Strata recommending reform of the Strata Property Act provisions allowing a strata to wind up its strata corporation and cancel the strata plan.
The cases are: Truax Engineering Ltd., 2010 ONCA 838 (released Dec. 9, 2010) and The Owners, Strata Plan LMS 1751 v. Scott Management Ltd., 2010 BCCA 192 (released Apr. 21, 2010.)
17.20 (1) If a strata corporation that is subject to a schedule of interest on destruction applies under section 259 of the Act to amend a strata plan to add to, consolidate or divide a strata lot, the application must be accompanied by an Amended Schedule of Interest on Destruction which shows
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 electronically using equipment in the land title office.
(4) This section does not apply to a strata plan in electronic format that may be submitted for deposit in a land title office in accordance with Division 2.1 of Part 10.1 of the Land Title Act.
(c) the superintendent has exempted a developer, as defined in the Real Estate Act, individually with respect to the strata plan establishing that strata corporation from the requirements under that Act to submit for filing a prospectus and a disclosure statement, or
(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
(i) a new interest on destruction for each strata lot in the strata plan including the new strata lot, and
I certify that the conversion of the buildings included in this strata plan have been approved under section 242 of the Strata Property Act.
the strata plan has fewer than 5 strata lots, the written consent required by section 274 (c)(i) of the Strata Property Act has been given and the strata corporation meets the requirements of section 274 (c)(ii)(B).
Re: Strata Lot... [strata lot number as shown on strata plan] of Strata Plan... [the registration number of 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
(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,
(b) a developer, as defined in the Real Estate Act, has submitted, and the superintendent has accepted for filing, a disclosure statement under that Act with respect to the strata plan establishing that strata corporation,
(8) A strata corporation is prescribed for the purposes of section 94 (3)(b) of the Act if and for so long as there are fewer than 5 strata lots in the strata plan.
(a) if the inaccuracy referred to in section 246 (7)(b) of the Act was contained in the Schedule of Unit Entitlement at the time of the deposit of the strata plan in a land title office, or
(a) unless the plan is in electronic format, 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
(a) the same interest on destruction for each strata lot in the strata plan, except the strata lots being altered by the amendment, as is shown on the schedule of interest on destruction,
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 or section... [section number] of the Strata Property Regulation was passed by a....