23 Jan 2025
Sunset Lakes Owners Association v. Gingras et al
Overview:
- Sunset Lakes Owners Association (SLOA), responsible for enforcing restrictive covenants in the Sunset Lakes community, sought removal of structures built by the respondents (Todd and Erika Gingras) without approval.
- The respondents constructed a 7-foot cedar fence and relocated a shed on their property, partially encroaching on SLOA-owned land and a 3-meter-wide easement for pedestrian use.
- SLOA argued these actions violated restrictive covenants and blocked access to common areas.
- The respondents claimed verbal approval from SLOA’s former president and challenged the enforceability of the covenants.
Key Issues & Court Findings:
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Did SLOA’s former president approve the construction?
- The court found no evidence of approval.
- Restrictive covenants require written approval, which the respondents failed to obtain.
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Did the fence and shed unlawfully encroach on the easement?
- The easement grants SLOA rights to use the land for trails and maintenance.
- The fence and shed substantially interfered with these rights by blocking access.
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Did the respondents breach restrictive covenants?
- The covenants were valid and enforceable, ensuring the open-concept nature of the community.
- The court rejected claims that privacy concerns justified the fence.
Outcome:
- Respondents ordered to remove the fence and shed at their own expense.
- Costs awarded to SLOA in the amount of $24,000.
- Parties may submit proposals regarding a removal deadline due to winter conditions.