The Strata Plan (22:IV): Difference between revisions
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→3. Leases and Licenses of Parking Stalls
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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. | 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)] [''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 '' | 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 ''Townsite Marina 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 === | ||