The Strata Concept (22:III): Difference between revisions
From Clicklaw Wikibooks
→3. Unit Entitlement
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Unit entitlement is a strata lot’s ownership share of the strata corporation’s common property, expenses, and liabilities (''SPA'', s 1(1)). Unless otherwise agreed at an annual or special general meeting, a strata lot’s unit entitlement is used in several formulas prescribed by the ''SPA'' to determine that lot’s required contribution to the strata corporation budget. | Unit entitlement is a strata lot’s ownership share of the strata corporation’s common property, expenses, and liabilities (''SPA'', s 1(1)). Unless otherwise agreed at an annual or special general meeting, a strata lot’s unit entitlement is used in several formulas prescribed by the ''SPA'' to determine that lot’s required contribution to the strata corporation budget. | ||
Every strata plan must include a Schedule of Unit Entitlement that lists the unit entitlement for each strata lot. Section 246 of the ''SPA'' provides three ways that a strata corporation may establish unit entitlement: | Every strata plan must include a Schedule of Unit Entitlement that lists the unit entitlement for each strata lot. Section 246 of the ''SPA'' provides three ways that a strata corporation may establish unit entitlement for residential and non-residential strata lots. For residential strata lots: | ||
# A whole number that is the same for every strata lot; | # A whole number that is the same for every strata lot; | ||
# | # The total habitable area in square metres rounded to the nearest whole number; or | ||
# Any other allocation that the Superintendent of Real Estate approves as fair. | # Any other allocation that the Superintendent of Real Estate approves as fair. | ||
For the purposes of unit entitlement, “habitable area” | For non-residential strata lots: | ||
# A whole number that is the same for every strata lot; | |||
# The total area in square metres rounded to the nearest whole number; or | |||
# Any other allocation that the Superintendent of Real Estate approves as fair. | |||
For the purposes of unit entitlement, “habitable area” means the area of a residential strata lot which can be lived in excluding patios, balconies, garages, parking stalls, and storage areas that are not closets (''SPR'', s 14.2). | |||
For strata corporations created before July 1, 2000, the Schedule of Unit Entitlement can be obtained as one of the pages of a strata plan. For strata corporations created after July 1, 2000, Schedules of Unit Entitlement are filed separately. Thus, it is first necessary to obtain the general index of the strata plan, and then use the registration number of the Form V to request a copy from the Land Title and Survey Authority. | For strata corporations created before July 1, 2000, the Schedule of Unit Entitlement can be obtained as one of the pages of a strata plan. For strata corporations created after July 1, 2000, Schedules of Unit Entitlement are filed separately. Thus, it is first necessary to obtain the general index of the strata plan, and then use the registration number of the Form V to request a copy from the Land Title and Survey Authority. | ||
