Regarding a duplex that is "a non coformong strata" (?) Can we (both sides) decide to wind up the strata and operate

Hi, thank you for contacting Just Answer. Counsel Creed here. HOW is your duplex "not conforming"? Who ARE the "both sides"?

No problem. So, the section of the Condominium Act of BC, that you can rely on is section 57, whcuh states:

57. (1) A strata plan may be amended to

(a) divide the common property;

(b) consolidate additional land owned by the strata corporation with the land included in the strata plan;

(c) remove a designation of limited common property designated on the strata plan;

(d) divide a strata lot into 2 or more strata lots; or

(e) consolidate a strata lot with one or more strata lots."

I, see. let me check this issue

Section 118 (4) says: "The council shall be elected by and from among the owners and shall consist of not less than 3 or more than 7 members". So, if at least one of you is married, the spouse would be the third member of the council.

If you are tenants-in-common of both units, that means that each has 50% interest in the property of the other. That is not what you want.

So, do the minimum three members council

But, I assume that the registrar has told you that those units do not conform with the Act. Why did you apply to have them registered as a strata?

I see. But when you bought it, it must have been in their transfer documents that it was "not conforming" AND more importantly why it was not conforming.

Well, I am not sure that I follow you anymore. I have found this article from 2016 that describes how to wind up a strata corp.

https://www.mccarthy.ca/en/insights/blogs/lay-land/strata-wind-and-sale-process-practical-overview#:~:text=As%20reported%20in%20a%20previous,by%20the%20B.C.%20Supreme%20Court.

The other option is to check at the REgistry in what way the units are non-conformant and see whether you can fix it.

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