Fairwinds Community Association
PO Box 281, Nanoose Bay, BC, V9P 9G7
"Striving for Community Excellence"
Frequently Asked Questions
 
Walking on Golf Course
Question:
Recently I was walking my dog on the course and was approached by a worker who told me I had to
leave.  I own a home in Fairwinds and pay taxes, why am I not allowed to walk in my back yard?
Answer:
Fairwinds Golf Course is private property owned by Fairwinds Golf Course and Resort (FGC&R). The golf
course is not a public park and our property taxes do not contribute to its operation.

Golfers, who pay a fee to be on the course, can get frustrated if the game is delayed or interrupted because
they have to wait for a walker to clear their area.   Walkers and/or their pets could be seriously injured by
a golf ball hitting them, so it is dangerous. and for your safety, you should not be walking on the course
while golfers could be at play - which is dawn to dusk.
 
Deer
Question:
Deer seem to lose a lot of weight over the winters when natural food is not readily available.  What
can I do to help them?
Answer:
Feeding deer during the winter months can cause them severe problems.  The deer have a large habitat, so
their diet may differ throughout the country.  In Winter, they lose 20-25% of their autumn weight.  
A problem arises when deer are fed by humans and it can cause death.  

For more information about wildlife, please call the North Island Wildlife Recovery Center at 250-248-8534
or http://www.niwra.org/
Question:
What do I do if I see a troubled deer or deceased animal?
Answer:
Much of Fairwinds property is considered private.
The Wildlife Officer will assist in animal-human conflict situations, and remove deceased deer from the
public areas by calling 1-877-952-7277
 
Home Based Business
Question:
Are home based businesses permitted in Fairwinds?
Answer:
The Fairwinds' Restrictive Covenants do not prohibit running a business from your home, only that visible
signage for your business should not be used.   Please also refer to your Restrictive Covenants.
 
Building Guideline, Covenant & Bylaw
Question
Area residents refer to “Building Guidelines”, “Covenants” and “By-Laws”.  What is the difference
between these items and do we call the local police to handle any of these?
Answer:
BUILDING/ARCHITECTURAL GUIDELINES: These are derived from the Building Scheme registered on title of
your lot. The developer registered these prior to commencing development in each phase.  The Building or
Architectural Guidelines are a more "user friendly" version of the Building Scheme and include lists of approved
building materials, overall home design guidelines, setbacks and sketches, etc.  These are used by the lot
owner and their builder to plan the residence to conform to the Building Scheme.  The overseeing agent is the
developer (currently Fairwinds Corporation).

COVENANTS: The two original owners of Fairwinds and their successors have entered into various covenants
with one another for the benefit of the Fairwinds.  These covenants detail the terms and conditions under
which Fairwinds will be developed and place restrictions on certain activities or installations by owners
(fences, roofing, clotheslines and so forth).  These are registered on the title of all lots in Fairwinds as
“Restrictive Covenants”.  They run with the land and are therefore transferred to each successive owner of
the lots and homes.  They contain many of the same restrictions as are listed in the registered Building
Schemes.  The Restrictive Covenants that many residents refer to are these documents.  While the terms
“Building Scheme” and “Restrictive Covenants” are used by residents interchangeably they are in fact separate
documents and separate charges on the lands.  However, both the Building Scheme and the Restrictive
Covenants have the same effect of placing restrictions on the owners.

BY-LAWS:  These are put in place by the Regional District of Nanaimo (RDN).  The bylaws that are enacted by
the RDN must comply with the Local Government Act and/or the Community Charter, as the case may be.  As
we are a rural area, our bylaws are largely governed by the Local Government Act. The RDN has some bylaws
that are helpful for Electoral Area "E" but may not necessarily be applicable to Fairwinds Restrictive Covenants
or Building Scheme.  Some existing bylaws cover noise, unsightly premises, hazardous situations/health &
safety, etc. These infractions may be handled by the Bylaw Enforcement Officer of the RDN.
Question:
I would like to have a copy of Fairwinds by-laws, can the FCA give me a copy?
Answer:
FCA Constitution and Bylaws which regulate the organization can be found here

Bylaws for Area E (Nanoose Bay) which regulate the community is searchable on their site.  
Search for ‘Area E’ references.
Question:
Why are there difference covenants for each section of Fairwinds? 
Answer:
As each area/phase in Fairwinds is developed, a Building Scheme and Restrictive Covenants is created by the
developer and registered on title of all the lots within that particular phase.  This ensures the development
meets the standards the developer desires and is used during the development stage by the developer to
enforce the standards.  Each phase may have differences that reqire a different Building Scheme.  Once the
phase is completed and sold off, the Building Scheme and Restrictiv Covenants are still registered on the
individual lot's title, however, now the enforcement falls to the individual property owners.

Building Schemes and Restrictive Covenants share many similarities from phase to phase but as there are some
differences it is wise to check the appropriate documents for your phase if you have an issue.  Each purchaser
will have received a copy of these from either the developer or the agent from whom the lot or home was
purchased.  We have also provided a link to these documents at the top of this page.
Question:
Who do we report covenant infractions to and how are they handled?
Answer:
If you live in a phase that is completed and all lots have been sold by the developer, there is no authority
within the community who can enforce the Bulding Scheme or Restrictive Covenants on your behalf.  The
Fairwinds Community Association has no authority to enforce them nor do the police.  You could call the RDN
Bylaw Officer to enquire whether the particular infraction would be covered by any existing bylaw. 
Otherwise, the only way one owner can actually enforce an infraction of the Building Scheme or Restrictive
Covenant by another owner is to take legal action against the offending neighbour through the courts.
Question:
Is there a sunset clause, or other mechanism, by which a restrictive covenant or registered building
scheme would expire?
Answer:
Restrictive covenants do  not expire and remain registered over title to each lot.  However, in BC, a
restricted covenant can be released through a judicial modification or cancellation under sectiion 35 of the
Property Law Act, but this can only be done by the courts on specified grounds.  The threshold for obtaining
modification or cancellation of a restrictive covenant under section 35 is quite high.  The courts will not
exercise the powers by section 35 lightly, recognizing that a restrictive covenant is a valuable property right.  
Building schemes are subject to the same statutory conditions as restrictive covenants and are also registered
over title to each lot.
 
Noise from Golf Course Mower & Construction Sites
Question:
I have concerns regarding noise in the early morning hours.  The first is with the mowers on the
fairways starting before dawn and the other with construction noise.  What are the noise bylaws for
Fairwinds?
Answer:
Governed by the RDN bylaws, noise bylaws have two exemptions:
  i.  Golf courses have no hour restrictions for the use of their equipment and will mow early in the
morning to prepare for the day.
  ii. Construction sites have noise restrictions between 10pm to 7am every day except Sundays which is
before 9am and after 9pm.
 
Medians and/or Boulevards
Question:
We have noticed that the boulevard on our street needs some clean-up of trees and plants.  The
other area boulevards seem to be taken care of - who do we contact about this?
Answer:
It depends on the location of the area in question, within the community, as there is no definitive answer. 
The Schooner Ridge Phase has a strata fee on each property in that phase, which covers boulevard
maintenance.

Any boulevard passed while driving the main road into Fairwinds, leading to Fairwinds Center or Fairwinds
Golf Course, are maintained by Fairwinds Golf Course as part of their maintenance leading to their
businesses.  Other areas which are not on the main road or paying strata fees, are not taken care of by any
organized party.  The FCA encourages neighbourhood work parties to adopt these uncared for boulevards
and islands to clean them up and maintain them.

Please contact us and we will assist you with steps you will need to take to adopt an area for cleanup.
Do you have a question about the area or anything pertaining to Fairwinds?   Our Executive will be pleased to find the answer for you.  Send your questions to president@fairwindscommunityassociation.org.
 
Roofing
Question:
I note that the architecural guidelines for my area indicate only shake shingles, clay tiles or concrete
tiles may be used.  Other areas have asphalt or fiberglass shingles.  Are there any plans to allow this
type of roofing as there is a precedent being set?
Answer:
See the link to "Roofing" at the top of the page for in depth detail of approved roofing for each phase in
Fairwinds.  The developer can change this for new phases.  Existing phases are governed by the Building
Scheme registered on title and the only way this can be modified is by modifying the registered Building
Scheme which is highly unlikely to happen.   You can consult with the developer if you wish to deviate from
the Building Scheme roofing requirements and they may consider giving approval on a cases by case basis.
 
Trees Obscuring Views
Question:
It states in the Restrictive Covenants that "Trees may not be allowed to grow to a height which
unreasonably obscures the view from the building on another lot."  Does this apply in a situation
where the trees on an adjacent undeveloped lot obscure the view?
Answer:
If your Restrictive Covenants in a phase of Fairwinds in which you live, state that trees must not be allowed
to grow to a height which unreasonably obscures the view, then it applies to all lots in that phase,
developed or otherwise.  (Not all phases contain this Restrictive Covenant)