Restrictive Covenants

Although the Flatt Agreement (General Building Scheme)_ is on title to every member’s Cedar Springs property, real estate lawyers no longer look back to 1932 when doing title searches on cottage sales. Similarly, purchasers and their lawyers are not always aware of the section in the Burlington Official Plan governing Cedar Springs. In 1997, the area of Cedar Springs was converted from Land Registry to Land Titles and to computer access to real estate legal documents. Commencing in April 2000, the Club required vendors of Cedar Springs properties to register on title a standard form Restrictive Covenants document under section 119 of the Land Titles Act. The Restrictive Covenants are, in fact, existing restrictive covenants that are contained in the Burlington Official Plan, the General Building Scheme, the Club By-laws, the Rules and Regulations and the former Undertakings given as a condition of membership. However, there may be a tendency to gloss over the General Building Scheme (registered in 1933) and not to conduct a full and thorough review of all prior registered documents, now that the property is in Land Titles. The Board of Directors believes that the restating of these existing restrictions, as Section 119 Restrictive Covenants, should help to avoid any surprises to Purchaser(s) or their solicitor(s). Placing a summary of the building and land use restrictions affecting the property, clearly on the face of the property register, is also consistent with statements recently made by the Court of Appeal when considering the validity of another General Building Scheme.

Click here to download the Restrictive Covenants for the Community's 71 seasonal member properties.

Click here to download the Restrictive Covenants for the Community's 12 year-round member properties.