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 firstname.lastname@example.org.
- Building Guidline, Covenant & Bylaw
- Home Based Business
- Medians and/or Boulevards
- Noise from Golf Course Mower & Construction Sites
- Trees Obscuring Views
- Walking on Golf Course
If the deer is on public land, the Conservation Officer will assist in animal-human conflict situations. Call 1.877.952-7277
Removal of deceased deer from the public roadways and sidewalks is contracted by the Ministry of Transport to Mainroad Mid-Island Contracting. Call 1.877.215.6006
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?
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/
Much of our areas and some primary roads are are maintained by Fairwinds corporation, including Fairwinds Drive, areas towards Fairwinds Center and Fairwinds Golf Course, as part of their operational maintenance.
The Schooner Ridge Phase has a strata fee on each property in that phase, which covers boulevard maintenance.
The FCA encourages neighbours to consider maintenance of these areas like grassy sidewalks and overgrowth, we even have clippers for your projects.
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?
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.
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?
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.
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?
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)
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?
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.
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.
Is there a sunset clause, or other mechanism, by which a restrictive covenant or registered building scheme would expire?
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.
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.
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.
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.
On the purchase of real estate, one of the most common documents that your lawyers will review from the title is known as a statutory building scheme. These documents are registered at the Land Title Office and form a “charge” (i.e. encumbrance) against the property. A building scheme is generally put in place to maintain a level of consistency in a neighbourhood and cover a number of properties in an area such that each homeowner has the benefit of their neighbours being covered by the same restrictions. The authority for the registration of a building scheme is found in section 220 of the Land Title Act and permits the imposition of restrictions “consistent with a general theme of development”. It should also be noted that historically, these charges showed up as a combination of a restrictive covenant showing as a charge on the title and a notation for the building scheme.
The parties that have the right to enforce a building scheme are the other owners of properties covered by the building scheme. The dissolution of the developer does not, in itself, invalidate the building scheme or the requirement for approval. A good source of more information about building schemes in general, and about their enforcement can be found in an article by the Regional District of Coldstream
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?
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.