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:

1. 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.

2. 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.

3. 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.