The gem that is Woodland Heights located in Huntsville, Ontario
Covenants
Agreement by all community members to understand and respect the common sense restrictions that help to create and maintain a quality neighbourhood.
Restrictive Covenants
Handy reference version only - Please refer to the legal text for full details and clarification.
In June 2001, M.W. Waterhouse, the founder of WOODLAND HEIGHTS PROPERTIES LIMITED, registered a set of Restrictive Covenants with the Province of Ontario. These are common sense restrictions that help to create and maintain quality neighbourhoods. Their purpose is to provide assurance to buyers that their future value and enjoyment will be protected.
Such restrictions are particularly important in new or partially finished developments. These covenants are enforceable by the lot Owner and each of the Owner’s successors in title and run with the lands for 40 years from the date of issue.
1. No dwelling with less than 1,400 ft2 of habitable area.
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2. No dwelling without an enclosed garage for at least one vehicle
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3. No entry on lands for removal of trees and soil without prior approval of building and site plan.
4. No signs or advertising material without prior approval
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5. No excavation of soil or rock except for the building without prior approval
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6. No living trees with trunk diameter of 3 inches or more are to be cut unless within 4 ft of excavation
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7. No well, drain, pipe, wire, cable, conduit that is not concealed underground
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8. No location and storage of hazardous materials that does not comply with municipal by-laws
9. No external walls coverings other than wood, stone, rustic brick, log, stucco, or vinyl. No colours that are not muted and environmentally complimentary.
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10. No building can be closer than 40 ft from front line and 30 ft from rear or side lines
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11. No waste, garbage, or other material shall be dumped or stored other than in temporary enclosure.
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12. No motorized vehicles of any kind other than private passenger vehicles shall be stored outside.
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13. No motorized vehicle which is not being used day to day shall be parked outside
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14. No external antennas, aerials, receivers, towers etc. shall be erected without prior approval
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15. No fences shall exceed 4 ft high in front or side of a house of 7 ft high in rear of house
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16. No external lighting that will illuminate adjacent properties
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17. No transfer of land ownership other than to a person who has acknowledged in writing the obligation to comply with these covenants.
Restrictive Covenants
Complaint Resolution & Enforcement
Given the evolving situation with respect to developers and builders in Woodland Heights, this text is intended to clarify what the WHCA can and cannot do with respect to restrictive covenants.
Advice from Legal counsel
a. The restrictive covenants are a private development regulation. They are supplementary to and cannot conflict with the Ontario Building Code and the Town’s by-law and zoning.
b. Restrictive Covenants registered by Woodland Heights Properties Limited on each Phase are valid for a period of 40 years from the date of registration (June 4, 2001).
c. A lot owner who is not in compliance with a Restrictive Covenant may face civil action for enforcement from any one or more other lot owners (including owner/builders) in the same Phase.
d. Enforcement can be managed by the developer, or in the absence of a developer, by individual homeowners who believe their property is being adversely affected. Enforcement is done by taking the matter (through a lawyer) to the Ontario Court of Justice.
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What remedies could the plaintiff(s) ask the court to impose on the offender?
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a. Put a hold on construction.
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b. Repair property to original condition (E.g. Replace soil and mature trees)
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c. Pay plaintiff’s legal costs and court costs
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d. Note on title to prevent property from being sold until court-recommended actions are completed.
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Role of the WHCA
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Most property buyers appreciate the value of the Restrictive Covenants and willingly comply. However violations may occur. Since enforcement is in the interest of the overall community, it is deemed appropriate for the WHCA to assist a lot owner that is deemed to have a serious case.
The WHCA cannot:
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a. Change the Covenants. Some may seem questionable as time passes, but they are an existing fact. WHCA must be realistic about questionable violations, but serious about major violations
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b. Enforce the covenants. The plaintiff must be one owner or a group of owners in the phase.
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The WHCA can:
a. Maintain a reference file of key information and cases
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b. Conduct an occasional Board review of the covenants and the process for complaint resolution.
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c. Respond to written complaints with a letter advising the complainant of their options. (See example)
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d. Establish ad-hoc committee to serve as a resource to help a plaintiff prepare their case (By-law 16.1)
e. Maintain an advocacy fund to provide a specified loan to a plaintiff until legal costs are reimbursed.
Disputes Between Neighbours
As of October 24, 2019
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When one party shows what appears to be a callous disregard for a neighbour, the WHCA encourages the parties to make a reasonable attempt to come together to maintain the long-established spirit of good community relations in Woodland Heights.
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The Woodland Heights Community Association was incorporated to represent and advocate for the common interests of homeowners; and to encourage a sense of neighbourhood, not to intervene or mediate in specific disputes between two neighbours. As a volunteer organization, all we can do is encourage the parties to have a civil discussion of the facts and try to resolve the issue between themselves.
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The best chance of having a civil conversation starts by calling or emailing your neighbour with a non-confrontational message such as: “Hi ____________. I am concerned about _____________. Please let me know when it would be convenient to talk.”