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

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Customer: Regarding a duplex that is "a non coformong strata" (?) Can we (both sides) decide to wind up the strata and operate more like a row house?
JA: What province are you in? It matters because laws vary by location.
Customer: Sorry, Fraser Valley, BC
JA: What steps have you taken so far?
Customer: Nothing yet. Just started discussion and research.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Donr know. Yet
Answered by Counsel Creed in 1 day 2 years ago
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Counsel Creed, Expert

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

Customer
Imnot sure what "not conforming" is all about. Was told that when I purchased. Both sides are the two owners on either side of the duplex.
Customer
Thank you for responding
Customer
Basically non conforming part is that we dont have a strata counsel per se and we dont pay specific strata fees
Customer
Being that there are only two of us
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Counsel Creed, Expert

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."

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Counsel Creed, Expert

I, see. let me check this issue

Customer
What I can gather is if we want to wind up the strata we then become tennants in common. But that sounds to me like our two seperate properties (land and personal part of building) become one unit that we share. We dont want that. We want our seperate properties to remain sperate titles.
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Counsel Creed, Expert

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.

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Counsel Creed, Expert

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.

Customer
Correct
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Counsel Creed, Expert

So, do the minimum three members council

Customer
Currently there are two seperate deeds. We think the strata designation is redundant and unecessary expense
Customer
There are four of us. No issue with council members
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Counsel Creed, Expert

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?

Customer
Have not spoken with the registrar yet. Strata designation in place before we purchased. Duplex built in 93
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Counsel Creed, Expert

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.

Customer
That is possible. I will have to go back and look. Kind of irrelevant now, though.
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Counsel Creed, Expert

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.

Customer
I muddied the waters by mentioning the non conformity. Its just a designation because of the number of units. Sorry about that. I will go ahead and check with the registrar
Customer
Thank you for your time. I appreciate the response and the links you have sent.
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Counsel Creed, Expert

You are more than welcome. Would you mind rating me at your end since that is the only way that I will get paid? you can do that by clicking on the stars in the top right -hand corner of your screen. Thank you.

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