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Architectural Standards
If a community has architectural standards but no HOA, where/how would those standards need to be registered in order to be a legal binding regulation.
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5 Replies
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In Calgary’s early days, the CP placed liens on the lots it was selling in Mount Royal, requiring certain setbacks from the roads. The liens still apply, and to remove them from a particular property, all affected owners (hundreds!) would have to agree with the motion in Court. So the liens persist…
In a condominium, those (architectural) conditions could be placed on the condominium plan or (better) in the bylaws. In my opinion, the latter route would be better, as they are still strict but changeable. Soon, we may see more stringent requirements for roofs and siding to better protect against extreme weather events or provide better insulation.
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Yes Dana, there is also a restrictive covenant on each unit owner’s title. The developer still holds the restrictive covenant but the community has developed the Architectural Standards in support of the restrictive covenant. It is my assumption that our Architectural Standards are, therefore, rules.
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My understanding is that you would need a judge to remove a restrictive covenant. But I’ve never done it and I’m not that familiar with this kind of situation!
But yes, it does sound like the architectural standards might be rules/ not easily enforceable.
How is this issue impacting you? We might be able to help if we know the context?
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Thank you Dana, I am not in a position to fully explain the circumstances at the moment . My question came from a conversation with a neighbour where we were discussing our Restrictive Covenant (which the developer still holds over our condominium corporation and is on title of all unit owners) and our Architectural Standards document (which was written by our community association and not the developer). We were wondering how enforceable our Architectural Standards actually were when they do not seem to be a legal document registered on our titles. I suspect we will have to have a more thorough investigation of both our Restrictive Covenant as well as our corporation’s bylaws.
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