Section 64
Section 64
(1)
Upon expiry of the strata plan —
(a)
the original proprietor shall become entitled to all buildings or other fixed improvements on the lot;
Land Code (Strata)
(b)
the proprietors of the units registered as such immediately before cancellation of the strata plan shall not be entitled to any compensation from an original proprietor arising directly or indirectly from the expiry of the strata plan;
(c)
every easement or other interest over any unit comprising part of the development shall be determined;
(d)
the memorandum entered on the original proprietor’s extract and in the Register in accordance with paragraph (b) of subsection (1)
of section 21 shall be deemed to be cancelled;
(e)
the original proprietor shall become immediately entitled to vacant possession of the lot and all buildings thereon and may exercise all remedies available at law to recover such possession.
(2)
Upon expiry of a strata plan, the strata corporation shall be deemed to be dissolved and, unless otherwise determined beforehand by unanimous resolution of the persons who were the proprietors immediately before the cancellation, all property not being part of the buildings or fixed improvements and all money including insurance money received by the strata corporation shall, subject to any right of setoff, be distributed among those persons according to their unit entitlements immediately before the expiry.
(3)
Notwithstanding anything in subsection (2), the strata corporation shall be deemed to remain in existence to the extent that any debt is owing by it and in respect of any action pending against it, and the liability of the persons who were the proprietors immediately before the expiry shall continue accordingly.