The applicable covenants are listed on each State of Title Certificate issued under the BC Land Title Act. A Schedule of Restrictions applies to each property, and owners should have received a copy of the appropriate schedule on transfer of the land title.
There is not just one master schedule which covers all of Broadmead. There are, in fact, more than 70 schedules, which were put in place sequentially as the community grew – most apply to neighbourhoods of 20 to 40 homes.
BARA holds copies of most of the schedules, and can provide information about them on request. Residents are reminded, however, that BARA cannot provide legal advice. Property owners should obtain appropriate legal counsel if they require information on matters of law.
Although multiple Schedules of Restrictions exist, there are many common elements among them. The list provided below summarizes the principal restrictions that apply to most properties. The list is not all-inclusive, and property owners should contact BARA if they require specific information about their own property or neighbourhood.
Land Use and Signage
- No lot or building may be used for the purpose of any trade or commercial enterprise except as specifically permitted by the covenants.
- No building may be used as an apartment, boarding or lodging house.
- A maximum of three licensed private passenger automobiles may be visibly parked or stored on any lot.
- No trucks, taxis, vehicles with commercial signage, boats, trailers of any type, motor homes or recreational vehicles may be parked or stored on any lot (except in certain limited circumstances, storage in a fully screened area might be possible – please consult BARA for details).
- No lot shall be allowed to become in disrepair, or unsightly or untidy.
- No occupied lot may be permitted to remain unlandscaped.
- No pole, mast, clothesline, antenna or similar object may be erected or installed on any lot or on the exterior of any building (in certain circumstances, small satellite dishes might be possible – please consult BARA for details).
- No building may be used for any purpose other than that of a single family residence.
- No secondary suites are permitted. This is not only a planning scheme restriction, but also a Saanich bylaw restriction in the Broadmead area.
- No sign or advertising matter of any kind, other than an approved sign offering a lot or residence for sale, shall be placed on any lot or on any item or material located on any lot.
- Real estate agents should contact:email@example.com (Premier Post Installations) or visit the website at: Premier Post Installations – Real Estate Sign Installations Victoria BC or call 250-893-7661. Homeowners should contact Premier Post directly if using “For Sale by Owner” signs.
- Agents are asked to notify Premier Post Installations within seven to ten days after the completed sale. Signs must be removed promptly, except for a brief “sale sticker” period during which prospective buyers and other agents can be advised of the sale.
- Most of the original property restrictions included a provision that no application for a permit for any improvement or addition shall be made to the District of Saanich until plans have been submitted to, and approved by, an approving agency (this applies to accessory structures such as gazebos or garden sheds, walls and fences, alterations to existing buildings, and exterior renovations). Please note: BARA will be updating this information as the courts rule on cases pending. In the meantime, we urge all property owners to adhere to the guidelines described here.
- All improvements, including those to dwellings, accessory structures, fences and landscaping, were originally controlled as to design, siting, height, setbacks, types of materials used and exterior colour schemes. Property owners should try to make changes that are consistent with the community and are urged to consult BARA with proposed changes.
- Specific guidelines on common architecture issues such as roofing, exterior colours and fencing may be viewed BARA Architectural Guidelines (revised) May 2017
- The original property restrictions stated that no trees or vegetation shall be removed or substantially altered without approval. This applied mostly to pre-existing vegetation. Most original trees are now protected by the Saanich Tree Preservation By-Law. Thus, in most cases, BARA will refer concerns regarding trees to the municipality. It is important that property owners consult this by-law prior to removing any tree. In most cases with large trees, and in all cases with certain species, a permit from Saanich is required for removal.
- With some conditions and limitations, trees and vegetation on any lot shall not be permitted to obstruct a pre-existing view from other lots. However, this does not apply to trees covered by the above Tree Preservation By-Law, the regulations of which supersede any property scheme restrictions.
- In the few instances where ‘original’ trees are not covered by the Saanich by-law, we urge property owners to make every effort to retain such trees. (“Original means a tree which was deliberately retained when the property was first developed.) Obvious exceptions would include trees which are: dead or dying, severely damaged or leaning, unstable, in danger of falling, ones that interfere with drainage, sewage, electrical or other mechanical systems, or those which have reached a size or shape which is unsuitable for the location.
- Neighbours should be consulted prior to removal of trees.