The Strata Plan (22:IV): Difference between revisions
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→B. Parking and Storage Facilities
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== B. Parking and Storage Facilities == | == B. Parking and Storage Facilities == | ||
Since January 1, 2014, strata corporations are required to disclose an Information Certificate, Form B of the ''SPR'', listing which parking stalls and storage lockers have been allocated to a strata lot to prospective buyers of a strata lot. Parking is often contentious, depending on how parking stalls are designated and allocated. | Since January 1, 2014, strata corporations are required to disclose an Information Certificate, Form B of the ''SPR'', listing which parking stalls and storage lockers have been allocated to a strata lot to prospective buyers of a strata lot. Parking is often contentious, depending on how parking stalls are designated and allocated. | ||
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If parking is common property, the strata corporation has the authority to allocate stalls. The strata corporation must review and renew this allocation annually under section 76 of | If parking is common property, the strata corporation has the authority to allocate stalls. The strata corporation must review and renew this allocation annually under section 76 of | ||
the ''SPA''. This authority | the ''SPA''. This authority may be limited by the strata corporation’s bylaws, and allocations that are significantly unfair to any strata lot owner may be challenged. This authority does not enable the owner developer to sell additional stalls. | ||
=== 2. Limited Common Property Designated on Strata Plan === | === 2. Limited Common Property Designated on Strata Plan === | ||
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Although the bylaws do not need to refer to the lease arrangement, provisions may include: | Although the bylaws do not need to refer to the lease arrangement, provisions may include: | ||
* A requirement for the strata corporation to place before the owners | * A requirement for the strata corporation to place a resolution before the owners to designate stalls as limited common property for the owners with lease assignments or licenses from the owner developer; and | ||
* A requirement for the strata corporation to maintain a register of parking stalls allocated by lease assignments or licences from the developer. | * A requirement for the strata corporation to maintain a register of parking stalls allocated by lease assignments or licences from the developer. | ||
Surface parking can only be placed in the owner developer’s control by licence, not lease | Surface parking can only be placed in the owner developer’s control by licence, not lease, as per sections 73 and 73.1 of the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96250_00_multi#section73.1 ''Land Title Act'', RSBC 1996, c 250] [''LTA'']. Because a license does not create an interest in land, the strata corporation may revoke such a parking stall licence without needing to provide notice to the strata lot owner. | ||
Section 20 of the ''LTA'' raises questions about whether this common practice of unregistered parking stall leases is enforceable. In [https://www.canlii.org/en/bc/bcca/doc/1991/1991canlii529/1991canlii529.html#document ''Hill v Strata Plan NW 2477 (Owners)'', 2 BCAC 289, 1991 CanLII 529 (BC CA)], the court ruled that an owner developer could not arrange with a particular owner for the exclusive use of common property; despite being a case on the ''Condominium Act'', it continues to be applicable to the ''SPA'' ([https://www.canlii.org/en/bc/bccrt/doc/2018/2018bccrt166/2018bccrt166.html ''The Owners, Strata Plan VIS 3437 v Townsite Marina Ltd.'', 2018 BCCRT 166]). In [https://www.canlii.org/en/bc/bcsc/doc/2018/2018bcsc2160/2018bcsc2160.html ''TownsiteMarina Ltd. v The Owners, Strata Plan VIS3437'', 2018 BCSC 2160] at paras 27 to 28, the BC Supreme Court recognized that such a practice has some acceptance, “possibly even a consensus,” among legal practitioners as valid, although the court | Section 20 of the ''LTA'' raises questions about whether this common practice of unregistered parking stall leases is enforceable. In [https://www.canlii.org/en/bc/bcca/doc/1991/1991canlii529/1991canlii529.html#document ''Hill v Strata Plan NW 2477 (Owners)'', 2 BCAC 289, 1991 CanLII 529 (BC CA)] [''Hill''], the court ruled that an owner developer could not arrange with a particular owner for the exclusive use of common property; despite being a case on the ''Condominium Act'', it continues to be applicable to the ''SPA'' ([https://www.canlii.org/en/bc/bccrt/doc/2018/2018bccrt166/2018bccrt166.html ''The Owners, Strata Plan VIS 3437 v Townsite Marina Ltd.'', 2018 BCCRT 166]). In [https://www.canlii.org/en/bc/bcsc/doc/2018/2018bcsc2160/2018bcsc2160.html ''TownsiteMarina Ltd. v The Owners, Strata Plan VIS3437'', 2018 BCSC 2160] at paras 27 to 28, the BC Supreme Court recognized that such a practice has some acceptance, “possibly even a consensus,” among legal practitioners as valid, although the court ultimately left the question open. [https://canlii.ca/t/j615n ''Khalili v The Owners, Strata Plan BCS460'', 2020 BCCRT 343] further affirms the use of this practice and the ability for strata lot owners to transfer their leases in parking stalls by assignment alone subject to any applicable bylaws. | ||
=== 4. Parking Stalls and Storage Lockers as Part of Strata Lot === | === 4. Parking Stalls and Storage Lockers as Part of Strata Lot === | ||
