- Most properties in the community were built with Architectural Guidelines implemented by the developer. These guidelines were meant to guarantee a specific look for the community and safeguard property values. Architectural Guidelines can include controls related to fencing, shingles, paint colors, sheds, swimming pools, and much more. These Architectural Guidelines are captured in restrictive covenants registered on each property’s title.
- Homeowners must do their due diligence and determine what is allowed under the municipal bylaws, restrictive covenants, or other instruments registered on their title.
- Property titles and the details of all registered instruments on title can be obtained from a local registry office or on the Alberta Land Titles website Spin2 https://alta.registries.gov.ab.ca/
- Generally, these restrictive covenants require property owners to maintain the assets to the standard they were originally built. For example, if you have a 4-foot black chain link fence, you can likely only replace it with a 4-foot black chain link fence. If you have a masonry fence, you can likely only replace it with an identical masonry fence.
- Homeowners who violate the restrictive covenants may face legal action, fines, and remediation/removal by various other stakeholders including other property owners in the community, the municipality, or the HOA. We encourage property owners to ensure they are following all the rules that apply to their property to avoid costly mistakes.
- Property owners are responsible for the maintenance and upkeep of the fences that border their property, no matter what style. This includes both sides of the fence where it is not shared with a neighbour.
- If you have a concern with one of your neighbours or suspect they have violated a restrictive covenant we urge you to discuss the matter with them and advise them of any obligations before taking any type of legal action.