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Covenants -
Frequently Asked Questions
- How do I obtain a copy of
the Schedule of Restrictions that applies to my property?
- Why should I follow the
covenants?
- What permissions do I need
before commencing an exterior renovation on my home?
- If I report a covenant
violation to BARA, will my name be kept confidential?
- What colours can I use to
re-paint or finish the exterior of my house?
- What types of roofs are acceptable in
Broadmead?
- May I build a fence on my property?
- May I cut down damaged or diseased trees
on my property?
- What can I do if my neighbour's trees
are obstructing my view?
- May I operate a business from my home?
- Why do the covenants limit the number of
cars that can be parked at private homes?
- Can residents circumvent the parking
limitation by using street parking?
- Are suites permitted by the covenants?
- Why are some homes allowed to have boats or
RV's stored on the property?
- How do I arrange for an approved For
Sale sign when I list my property for sale?
You should have received of copy of the schedule from your lawyer along with your
State of
Title Certificate and other documentation on closing. Should you find that you do not
have a copy, contact BARA and we will provide one for you provided we hold a
copy in our files - otherwise, a copy may be obtained from the local Land
Titles Office. Details of how to get
in touch with us may be found on the Contact Us page.
The simple answer to this question is that the restrictive covenants are tied
to the title of the land and you agreed to comply with them when you purchased
your home in Broadmead. There is more to consider, however, than the legality of
the covenants. The founders of Broadmead were determined to make
this a special community, free from many of the problems which plague so many
other suburban residential areas. The covenants assist in maintaining the
natural beauty of Broadmead and in maintaining land values. They are a factor in
the decision of many people to purchase a home in Broadmead and, conversely, in
the decision of some potential buyers to look elsewhere. The covenants
are part of the Broadmead community, they benefit us all, and we have a collective
responsibility to comply with them.
This is a two-stage process - after completing
the plans for your renovation you should first submit them to BARA. Our architecture committee reviews the plans
and, if appropriate, will issue an approval. You must then submit an application
for a building permit to the District of Saanich Engineering Services. Details
about the latter process may be found at:
http://www.saanich.ca/business/development/eng/permits.html
Yes. Our Covenant Committee handles all complaints with discretion and does not disclose the
name of anyone who contacts us about a violation. A file is kept on each case,
but the files are treated as sensitive documents and have limited distribution
even within BARA.
We do not keep a palette of "approved" colours per se, as shades and
tones change with colour fashions and styles over time. The core requirement for
exterior colours is that they blend naturally with the environment. A range of
pastel colours is acceptable, with preference in most neighbourhoods given to
earth tones, greys and various shades of brown. All colours should be muted and
sharp contrasts avoided. Samples of acceptable and unacceptable exterior colours
are provided here
at Appendix 1.
Residents planning
to repaint or finish the exterior of their home should contact BARA to obtain
approval for the colour(s) they are considering.
What types of roofs are acceptable in
Broadmead?
Under the
original design standards only cedar roofs were permitted. However, the building
schemes were amended in 1999 following consultation with community residents and
since that time a number of roofing products have been accepted. The core
requirement is that the roofs be constructed of high quality materials with the
general appearance of shakes. It is the homeowner's responsibility to ensure
that the selected product is compatible with the original structural design.
While there are a variety of acceptable roofing materials, the following are
generally preferred:
-
high quality,
fiberglass mat or laminated shingles with a high degree of physical and visual
profile;
-
light concrete
tiles that have the appearance of cedar shingles or shakes; or
-
metal panels
that have the appearance of cedar shingles or shakes (metal roofing constructed
of flat panels that do not have the appropriate visual profile are not
permitted.
The
minimum requirement for roofing in Broadmead is a 30-year warranty shingle with
a minimum thickness of 3.2 mm. They should have a visual profile produced by
dark-coloured shadow zones on the shingle and have colour variations creating an
impression of a cedar-like texture when viewed from the street. In general,
weathered wood colours are preferred, although other shades that are appropriate
to a particular home design or landscape setting are acceptable.
There is no
need to obtain BARA approval for roof replacement providing the new roof conforms
to these standards. However, we encourage residents to contact us with any
questions about roofing guidelines or to confirm that your planned roof meets
the community standard. We can provide advice on materials and colours and will
be pleased to discuss your plans with you.
Fences are not generally encouraged in
Broadmead, as the "open look" is preferred. Residents wishing to construct
fences should submit their plans to BARA - approval is normally given for cedar
fencing used to divide properties and provide privacy behind houses (i.e., to
separate back yards).
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May I cut down damaged or diseased trees
on my property?
All protected trees as defined by the Saanich
Tree Preservation Bylaw require the approval of the District of Saanich. For
details see:
http://www.saanich.ca/municipal/clerks/bylaws/pdfs/treepreserve7632.pdf
The restrictive covenants also apply to
non-protected trees in Broadmead. If a homeowner wishes to remove or
substantially alter a tree with is not protected under the Saanich Tree
Preservation bylaw, BARA approval is required except for trees that were planted
by the current homeowner or resident.
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What can I do if my neighbour's trees
are obstructing my view?
Some of the Broadmead covenants provide for removing
or cutting trees that impede previously unobstructed views.
View restoration issues are dealt with on a case-by-case basis as they involve
more than one property owner and sometimes overlap between covenant areas. Please contact BARA
if you believe that vegetation growth is substantially interfering with an
established view from your property, and the situation will be reviewed.
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May I operate a business from my home?
The covenants generally prohibit the use of any lot or building from being
used for the purpose of a commercial enterprise, although there are some
exceptions in specified covenant areas. For example, daycares or other schools
for children are permitted in certain areas. There is no objection to the use of home offices in which
the work is done entirely by individual residents with no direct engagement
with members of the public, however any commercial activity which draws
significant additional traffic, creates noise or otherwise disrupts the residential nature
of the neighbourhood is not normally permitted.
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Why do the covenants limit the number of
cars that can be parked at private homes?
A drive around most parts of Victoria will
reflect the increasing density of cars parked in residential neighbourhoods,
often spilling out from driveways onto the street. The vision of Broadmead is
one of homes in harmony with nature, and streetscapes crowded with vehicles are inconsistent with this vision. The covenants
generally permit a maximum of three cars at each residence, which will meet the
needs of the vast majority of households.
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Can residents circumvent the parking
limitation by using street parking?
The covenants apply to individual properties
and, technically, have no application on roads and other public areas. Residents
could use street parking for vehicles above the permitted number, but this
clearly violates the spirit of the covenants as their purpose is to assist in
maintaining Broadmead as a planned residential community with homes integrated
into a natural setting.
Using streets for overflow parking, except
as a temporary measure for visitors, is inconsistent with the
Broadmead vision. We ask every resident to conform to the spirit and well as the
letter of the covenants and to limit the maximum number of vehicles per
household to that
permitted by the covenants.
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Are suites permitted by the covenants?
No. The covenants are clear that no building
shall be used for any purpose other than as a single family residence.
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Why are some homes allowed to have boats or
RV's stored on the property?
The covenants generally prohibit the parking
or storage of boats, trucks, RV's, trailers, motorhomes, etc., except that such
storage may be permitted in a BARA-approved screened area.
If you wish to keep a boat or other
restricted vehicle on your property and believe that a suitable screened area is
available, please contact BARA. A representative will visit your property to
discuss your plans and, if the planned screening arrangement is found suitable,
approval for storage will be arranged. Details of how to get in touch with us
may be found on the Contact Us page.
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How do I arrange for an approved For
Sale sign when I list my property for sale?
BARA has entered into a contract with D &
D Sign Setters (telephone: 250-478-4194) for the provision of sign boards,
posts, brackets and "Sold" signs. When you are selling through a real estate
company, your Realtor should contact D & D Sign Setters for information on the policy and
procedure concerning the signs.
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