Form G — Certificate of Lien

Form G — Certificate of Lien is the prescribed document under the Strata Property Act (SBC 1998, c. 43) that a strata corporation uses to register a lien against a strata lot at the Land Title Office. The lien secures money owed to the strata corporation, which may include unpaid strata fees, special levies, fines, or related costs and interest. Once registered, the lien creates a security interest in the strata lot that affects the owner's title.

The authority to file a Form G — Certificate of Lien is granted by the Strata Property Act (SBC 1998, c. 43), which sets out the circumstances under which a strata corporation may register a lien against a strata lot. The Act prescribes Form G as the required form for this purpose, and the lien is filed with the Land Title Office in accordance with the Land Title Act (RSBC 1996, c. 250). Strata corporations should ensure their bylaws and the Strata Property Act Regulation are also consulted when exercising this power.

Under the Strata Property Act (SBC 1998, c. 43), a strata corporation may register a Form G lien to recover unpaid strata fees, unpaid special levies, fines, and costs the strata corporation has incurred that are the owner's responsibility, including costs of remedying a bylaw contravention. The lien secures these amounts plus any applicable interest as permitted under the Act. Owners should review their strata corporation's bylaws for specific provisions about interest and enforcement timelines.

A registered Form G lien attaches to the strata lot itself, meaning it travels with title and can affect a buyer's ability to receive clear title on completion. Buyers and their conveyancers should carefully review the Form B — Information Certificate obtained from the strata corporation, which discloses amounts owing, and confirm that any outstanding liens are discharged before or at the time of completion. If a lien remains on title at completion, it can also impair the buyer's mortgage financing, as lenders typically require clear title.

Form B — Information Certificate, prescribed under the Strata Property Act (SBC 1998, c. 43), discloses to a prospective buyer the financial standing of a strata lot, including any amounts currently owing to the strata corporation. Form G — Certificate of Lien is the separate enforcement document that the strata corporation registers at the Land Title Office if those amounts remain unpaid. Buyers should treat disclosures in Form B as a warning that a Form G lien may already be registered or may be registered before completion if outstanding amounts are not resolved.

Yes, the Strata Property Act (SBC 1998, c. 43) permits a strata corporation to register a Form G — Certificate of Lien directly with the Land Title Office without first obtaining a court judgment, making it a relatively swift enforcement mechanism compared to ordinary debt collection. This statutory lien right is one of the stronger remedies available to a strata corporation for recovering money owed by an owner. Owners who dispute the amounts claimed should seek legal advice promptly, as the lien registration itself does not require prior notice through the courts.

Once the outstanding amounts secured by the Form G — Certificate of Lien have been paid in full, the strata corporation is required under the Strata Property Act (SBC 1998, c. 43) to register a discharge of the lien at the Land Title Office. The discharge removes the encumbrance from the strata lot's title and restores the owner's clear title. Parties handling a real estate transaction should confirm that the formal discharge has actually been registered at the Land Title Office, not merely that payment has been made, before completion.

The Strata Property Act (SBC 1998, c. 43) grants a strata corporation's lien a statutory priority over certain other registered charges, but the precise priority rules as against mortgages and other encumbrances involve specific provisions of the Act and should be confirmed with legal counsel for each situation. Generally, this statutory priority for strata liens is one reason mortgage lenders monitor strata fee obligations closely. Buyers and their lenders should obtain a current title search and legal advice to fully understand the priority implications of any registered Form G lien.

A real estate licensee licensed under the Real Estate Services Act (SBC 2004, c. 42) and regulated by the British Columbia Financial Services Authority (BCFSA) has a duty to disclose material information that could affect a client's decision, which would include the existence of a registered Form G lien or amounts disclosed in Form B that could lead to one. The licensee should bring the lien to the client's attention and recommend the client seek legal advice, but the licensee must not provide legal advice themselves. BCFSA's rules and standards of conduct govern how licensees must handle material information in a transaction.

Yes, if the amounts secured by a Form G — Certificate of Lien remain unpaid, the Strata Property Act (SBC 1998, c. 43) provides the strata corporation with the ability to take further legal steps, which in BC would involve a judicial process through the BC Supreme Court, as BC does not use a power-of-sale regime — foreclosure and forced sale proceedings in BC are judicial in nature under the BC Supreme Court Civil Rules and the Law and Equity Act (RSBC 1996, c. 224). This makes a Form G lien a serious encumbrance that, if unresolved, can ultimately put an owner's property at risk. Owners facing this situation should seek independent legal advice without delay.