The Strata Form H: Acknowledgement of Payment is a crucial legal document in British Columbia used specifically to release a lien that the strata corporation has placed on a strata lot.
Its function is to provide formal, notarized proof that the debt leading to the lien has been fully satisfied, allowing the owner to clear the title of the property.
The Strata Form H is mandated under Section 116(6) of the Strata Property Act (SPA) and is the document that completes the process of debt collection via a lien.
Context: The Lien Process (Form G)
When a strata lot owner fails to pay money owed to the strata corporation (e.g., strata fees, special levies, or fines) after proper notice, the strata corporation can register a Certificate of Lien (Strata Form G) against the title of the strata lot at the Land Title Office (LTO).
The Role of Form H
Once the registered lien successfully prompts the owner to pay the outstanding debt (plus interest and costs) to the strata corporation, the strata must then issue the Form H. The Form H serves as the formal receipt and certification that:
The amount owing under the Certificate of Lien (Form G) has been received by the strata corporation.
The lien against the strata lot is hereby released.
This document is necessary for the owner or their legal representative to remove the charge from the property title, restoring a clean title and preventing further legal action like a forced sale.
The process for issuing Form H is initiated only after a lien has been successfully registered (via Form G) and the full debt has been recovered.
Step
Description
Details & Requirements
1. Full Payment Received
The owner pays the strata corporation the entire outstanding amount, including all original debt, interest accrued, and legal/administration costs incurred by the strata to register the lien.
The payment must clear the debt that was registered on the Form G entirely.
2. Preparation
The strata manager or authorized council members prepare the Strata Form H.
The form identifies the specific strata lot and the registration number of the lien (Form G) being released.
3. Signing and Certification
The completed Form H is signed by the authorized representatives of the strata corporation (typically two council members or one council member if there is only one, or the authorized strata manager).
The signature(s) on the Form H must be witnessed and certified by a Notary Public or Lawyer, as it is a document that will be filed with the LTO.
4. Filing for Release
The signed and certified Form H is provided to the strata lot owner (or their lawyer/notary) who then submits it, along with a fee, to the Land Title Office (LTO).
Submission to the LTO is the final administrative action that physically removes the lien from the strata lot's property title.
In summary, the Form H is the final, essential document that cancels the strata's lien, formally acknowledging payment and clearing the property title for the owner.