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206/2016 - British Columbia · (Bare L41uJ StraJa Plan Cancellation Regulation sectwn 2.1) Re:...

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592 July 28, 2016 July 28, 2016 206/2016
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Page 1: 206/2016 - British Columbia · (Bare L41uJ StraJa Plan Cancellation Regulation sectwn 2.1) Re: Sttata Plan ..... {IN registration number of th~ strata plan/. page 3of4 . Notice is

592 July 28, 2016

DEPOSITED

B.C. REG. __________

July 28, 2016

206/2016

Page 2: 206/2016 - British Columbia · (Bare L41uJ StraJa Plan Cancellation Regulation sectwn 2.1) Re: Sttata Plan ..... {IN registration number of th~ strata plan/. page 3of4 . Notice is

SCHEDULE l

l Form B of du Stralll Prop1rlJ R1gulation, B.C. Rig. 4312000, is tuMn4etl

(a) by tu/ding th1/ollowing paragraph:

(h. l) Arc there any winding-up resolutions that have been passed? 0 no Dyes (a11ach copy of all resolutions}, and

(b) in paragraph (i) by striking o"t "a 3/4 vote or unanimous vote" and substituting "a 3/4 vote, 80% vote or unanimous vote".

2 Form E is amended ullller th1 heading ''CERTIF1CATE FOR SF.cTJON 274"

(a) in pOTOgraph (a) by striking out "a unanimous vote" and substituting "an 80% vote", an4

(b) by r1p1aling paragraph (c) and subllituling th1following:

(c) one of the following is the case /check applicable box}:

D the resolution has been confirmed by a court order under section 273.1 of the Strata Property Act and the strata corporation meets the requirements of section 274 (b) (ii) (8);

D 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 gi vcn and the strata corporation meets the requirements of section 274 (c) (ii) (B).

SCHEDULE 2

l S1ction 1 of th1 Bari Lan4 Strala Plan CancellaJion R1gulation, B.C. Rig. 556182, is am1rulld by adding th1 following dt/lllllions:

"Act" means the Strata Prop1rty Act;

"local government" has the same meaning as in section 1 of the Schedule to the Local Gov1mm1nt Act; •

2 S1ction 2 is am1n41d

(a) by np1aling sub11etion (1),

(b) in subHction (2) by adding "under section 274 of the Act" q/tlr "An application", an4

(c) by np1aling subs1ctions (3) and (4) an4 1ub1dtuting th1 following:

(3) An application to cancel a bare land strata plan must, in addition to the documents required by section 274 of the Act, be accompanied by

(a) all documents that arc required to carry out the proposals for vesting or other disposition of the land in the plan, and

(b) a copy of the notice referred to in section 2. 1 of this regulation.

page 2 of 4

Page 3: 206/2016 - British Columbia · (Bare L41uJ StraJa Plan Cancellation Regulation sectwn 2.1) Re: Sttata Plan ..... {IN registration number of th~ strata plan/. page 3of4 . Notice is

(4) Despite section 274 of the Act, an application to cancel a bare land strata plan need not be accompanied by a court order under scclion 273.1 or the written consent referred to in section 274 (c) (i) if

(a) the bare land strata plan has fewer than 5 strata lots, and

(b) the registrar considers that the interests of holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, will not be affected by the cancellation.

3 The /ollowing section is atlded:

Notice to local government

2.1 ( 1 ) An application under section 27 4 of the Act may not be made in relation to a bare land strata plan unless written notice is given, at least 90 days before the date of the application,

(a) if any land within the strata plan is within the jurisdiction of a local government, to the local government, and

(b) if any land within the strata plan is outside the jurisdiction of a local government, to the applicable approving officer under the land 1itk Act.

(2) A notice under subsection (l) must be in Form BL-A and must

(a) state whether the owners intend to apply for subdivision of the land within the strata plan, and

(b) if the owners intend to apply for subdivision of the land within the strata plan, include a list of any common property or common assets that the owners propose to dispose to a local government or the Province.

4 Section 3 is atMnded

(a) in subsection (1) (a) and (2) by strilcing out "section 2 (3) (c)" aNJ ~ubstituting "section 2 (3) (a)", and

(b) In subsection (1) (b) by addiltg " , other than debts held by holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan," ajkr "strata cotp0ration".

5 Section 4 (1) (b) and (2) (b) (ii) ls atn•iuhd by strllcing out "section 2 (3) (c)," and iubstiblting "section 2 (3) (a),''.

6 The following Form u adtle4:

FoRMBL-A NoncE OF INTENT TO WIND UP A STRATA CORPORATION

AND CANCEL A BARE LAND STRATA PLAN

(Bare L41uJ StraJa Plan Cancellation Regulation sectwn 2.1)

Re: Sttata Plan ................................................ .......... ......... {IN registration number of th~ strata plan/.

page 3of4

Page 4: 206/2016 - British Columbia · (Bare L41uJ StraJa Plan Cancellation Regulation sectwn 2.1) Re: Sttata Plan ..... {IN registration number of th~ strata plan/. page 3of4 . Notice is

Notice is given of intent to apply to the registrar to cancel the above strata plan and to wind up the strata corporation pursuant to the Bare Land Strata Plan Cancellation Regulation and Part 16 of the Strata Property A.ct.

(a) Do the owners intend to apply for subdivision of the land within the strata plan? a no CJ yes

(b) Do the owners intend to ask a local government or the Province to acquire common property or common assets from the strata corporation? a no Dyes

If ~s. identify the common property or common assets as follows:

CJ roads, sidewalks or streetlights

a pipes and other facilities for the passage or provision of:

CJ water CJ sewage

CJ gas CJ oil

CJ electricity D other: .................. ........... .................................. .

CJ other on-site services or facilities: /please list]

CJ other: [please list]

Date: ................................................................ /month day, ~ar]

Si1naruze of Council Member

Si.ll*ure of Second Council Member (llOI required if council con1i11S of only one member)

page 4 of 4


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