Seems weird that so many convenants can be put on a private property. Who would enforce it? Once the project is built out and all sold, would it require one property owner to sue another property owner? Can't imagine the police would do anything and I would hope that the city inspectors would have better things to do... But would it be their jurisdiction anyways?
It just doesn't make sense. I can understand property covenants such as that on the Hudson Condos that maintains the ability of owners to rent out their suites in perpituity as that is a benefit to the city as a whole and the city required it as part of the development permit.
The fact that an owner has hung a clothes line hardly impacts the greater community.
I asked Kettle Creek Sales that question, here is what she sent me;
“A Building Scheme can be considered a form of local law that applies to owners of the properties enumerated in the Building Scheme. Each affected owner is both burdened by the restrictions and entitled to enjoy the benefits of the scheme. The owners all have a community of interest which can be enforced by any member of the community or by the declarant of the Building Scheme (subject to the opinion of the court as to enforceability of specific provisions). Because the Building Scheme is registered against the title to all of the affected lands, and the covenants run with the lands, all purchasers are on notice as to the restrictions and cannot complain after they complete their purchase that they do not agree with the provisions.”
“Initially, a Building Scheme is enforced by the developer/owner or its nominee who has the authority under the Building Scheme to withhold approval of the construction of any improvements, the installation of landscaping, and other features unless the proposed plans and specifications for the improvements or other features comply with the restrictions set out in the Building Scheme. The authority to approve plans beyond the initial stage of development is sometimes transferred, by provisions in the Building Scheme, to a committee consisting of owners. This is particularly useful when the developer no longer has any involvement with the development, or in circumstances where the original development company ceases to exist.”
“The most usual remedy is injunctive relief, requiring an owner to remove the offending structure or thing (such as an RV, a high fence or a satellite dish), or to stop the offending activity.”