Restrictive covenants are “building schemes” that operate outside of — and in addition to — municipal zoning bylaws. These were designed by the developer (Dundee now Dream Development) to maintain the value of the properties located within the Springside subdivision by ensuring consistency in materials, colours, or design, for example.
These obligations “run with the land” and are binding on any future buyer of the property. If a homeowner disregards the restrictions when building a fence or replacing the roof, then any other person who lives in the community and has the same restrictive covenant registered on their title is entitled to go to court to enforce it. This could include a court order for the forced removal of the non-complying structure. While most restrictive covenants are fairly harmless, occasionally a serious problem is identified on closing that can jeopardize a sale.