Tim Collins

B次元官网网址 staff

When Ryan Wachal and his family moved into their new home in North SaanichB次元官网网址檚 Dean Park about 18 months ago, they never dreamed they would find themselves embroiled in a legal battle with their neighbours, or more accurately, with a group of neighbours who purported to represent the entire community.

The conflict involved the Dean Park Estates Community Association (DPECA), a non-profit group that, according to their website, is dedicated to B次元官网网址渢he maintenance of high standards in both visual appeal and property values for the approximately 780 homes that comprise Dean Park Estates.B次元官网网址�

It all began when, in February of 2016, the Wachals obtained a building permit from the District of North Saanich to build a new accessory building on their property. The permit specifically prohibited the building from use as a dwelling unit, but that wasnB次元官网网址檛 a problem as its purpose was a quiet area wherein Mrs. Wachal could paint, exercise and entertain, separate from the main house.

B次元官网网址淚 thought IB次元官网网址檇 done everything right. WeB次元官网网址檇 hired a professional architect and builder and work was underway when out of nowhere this handful of older guys came up and demanded we stop building,B次元官网网址� said Wachal.

ThatB次元官网网址檚 when Wachal discovered that the DPECA were intent upon exercising a restrictive covenant registered on all Dean Park properties. That covenant required that all additions to existing dwellings, regardless of municipal approvals and permits, also required the approval of the DPECA Design Review Committee. Wachal said he estimates the DPECA has a membership of less than 20 per cent of the approximately 780 homeowners in the community. Membership requires homeowners to pay a $20 annual fee.

Wachal apologized and dutifully submitted his plans to the Committee only to have them rejected, ostensibly because the committee members did not believe the dwelling was not intended as a secondary dwelling on the property.

After a meeting, during which a DPECA representative told Wachal he was B次元官网网址渋n a pile of shit,B次元官网网址� Wachal provided evidence that his addition could not be used as a secondary residence as the building permit specifically prohibited such use. The DPECA responded with a new reason for rejecting the project, stating that the structure was B次元官网网址渘ot suited to the existing dwelling.B次元官网网址�

B次元官网网址淚 wanted to be a good neighbour so we had our designer prepare new plans, and submitted them to the DPECA,B次元官网网址� explained Wachal, adding that he thought this would resolve the matter.

He was wrong.

On June 18, 2016 he received another letter from the DPECA citing new reasons for the rejection of the revised plans.

B次元官网网址淭he problem all along was that there were no clear thresholds. When I went for a building permit from the municipality there were clear rules to be met. With the community association it seemed like they could move the goalposts and just make up the rules as they wished,B次元官网网址� said Wachal.

The whole situation eventually ended up in front of Justice G.R.J. Gaul of the Supreme Court of British Columbia where the DPECA sought an injunction prohibiting Wachal from continuing any construction or exterior work on the property he owned.

They failed in that effort with the judge ruling that the restrictive covenant on the property was so vague and uncertain as to be unenforceable, opening the door for Wachal to finally resume and complete the renovations on his home.

B次元官网网址淚tB次元官网网址檚 been very frustrating and a needlessly stressful and expensive process,B次元官网网址� said Wachal, who has spent some $30,000 in legal fees to defend his right to renovate his own property.

Wachal was awarded costs by the court but that award will only cover about 25 per cent of his costs.

But the case isnB次元官网网址檛 unique, according to Oscar Miklos of Haddock and Company, a law firm specializing in conflicts arising from restrictions governing strata properties as well as other disputes like WachalB次元官网网址檚.

B次元官网网址淣ightmares like this can occur any time there is a restrictive covenant on a property,B次元官网网址� said Miklos.

B次元官网网址淭he best advice I can give anyone is for the buyer to beware. If there is a restrictive covenant on a property, make certain you understand what it means to you in real terms and even research the history of the behaviour of any strata organization or community association before you buy. a bad governing group should make you consider buying elsewhere.B次元官网网址�

Peter Jones, the current Vice President of DPECA acknowledged that the entire situation was very unusual and that, ordinarily, this type of dispute should have been resolved between neighbours.

B次元官网网址淚n the history of our association we had never before rejected a design.

B次元官网网址淭his time, my personal opinion is that there were just some strong personalities involved and no settlement was going to be reached,B次元官网网址� he said.

In the interim, Jones reported that DPECA has filed an appeal of the court decision.

Despite the ruling of the Supreme Court of B.C. on this matter, the DPECA website continues to call for Dean Park residents to seek the approval of the Design Review Committee for any exterior changes to any property within Dean Park Estates.