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Dispensing with Owner Signatures on Land Title Documents Failed

When amending the strata plan, the Strata Property Act only requires 3/4 vote approval of the owners, for many amendments. However, the amendment plan needs to be filed in the Land Title Office and the requirements of the Land Title Act are more onerous: the Land Title Act requires the signature of every registered owner and all charge-holders (mortgagees) of every single strata lot.

In the case of British Columbia (Minister of Transportation and Infrastructure) v Registrar, Victoria Land Title Office, 2017 BCSC 1999, deals with an application to dispense with the signature requirement.

The Ministry had obtained a portion of common property from a strata corporation which was necessary for a highway. The Ministry then attempted to deposit the new land plan with the Land Title Office with less than 100% of the signatures, but with a 3/4 vote approval of the strata corporation. When the LTO refused to register the plan, the Ministry applied to Court to require the LTO to register the p…

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