Important News For Our Members
The Board of Directors of the Blackburne Creek Homeowner’s Association wants to inform its members that it has started legal proceedings against three homeowners in the community who have recently installed roofing materials that allegedly violate the Restrictive Covenant and Restrictive Covenant Caveat for Blackburne Creek.
The Board held a special meeting to discuss the issue on July 11 and voted unanimously to start legal action against the homeowners after they installed unapproved roofing material as prescribed in the Restrictive Covenant. Statements of Claim have been directed towards the three homeowners asking the Court to order them to remove the offensive roofing materials and replace them with approved materials.
The President of the Board of Directors Brian Hawrelak called the action “regrettable”. Hawrelak said “Our Board realizes the importance of this decision and is extremely sad that we needed to take this step, but due to the Restrictive Covenant and our own Articles of Incorporation (bylaws), the Board is obliged to enforce the terms of the Covenant. It is nonetheless heartrending having to take legal action against our own members and neighbours.” Unfortunately, the three homeowners do not appear to have realized or have possibly ignored the fact that the Board has no choice but to bring the matter to Court for resolution, as it is the Court that must rule on issues relating to the Land Titles Act.
Hawrelak points out that the Board has received complaints from other members that have ranged from curiosity as to whether the Covenant has been removed from our titles to outrage over someone trying to unilaterally change the character of the neighborhood. In any event, Hawrelak points out that the Board will endeavor to maintain amicable relations with all members while fulfilling its duties under the Covenant and Articles of Incorporation.
Board members also mentioned the fact that others in the community have asked them about installing alternative roofing materials over the last few years and that these homeowners had been advised that only wood shakes and shingles are allowed under the Restrictive Covenant. President Hawrelak says, “If we had done nothing (about the three homeowners who have installed the unapproved roofing material), we would be letting others in the community down.”