Erin Mills ~ Private Subdivision Zoning a Key to Success
By Brian Madigan LL.B.
(ORES)
Erin Mills has its own zoning by-laws and they are private. They are often known as the "Architectural Controls". They just apply to Erin Mills and nowhere else (unless they were copied).
Cadillac Fairview Corporation as the developer of Erin Mills wanted to create a planned community. And, they wanted it to stay that way. The only enforcement provision that they could come up with was to enact their own zoning and building by-laws. So, they did. Basically, they registered private deed restrictions or restrictive covenants in every new subdivision. These rules applied before the builder got title to the property.
The law requires these covenants to be expressed in the negative. So, they had to forbid certain types of conduct. This included no parking of trucks or trailers in the front yard. No fences or buildings could be erected without their consent. No building materials could be changed, again without their consent.
Cadillac Fairview approved earth tone colours, remember it was the ‘70's. No one could have aluminum siding. That was viewed as too colourful. Wood siding, stained in earth tone colours was all that was permitted. For fences, they encouraged 6 foot green wood with a design that faced both ways. That way, no one had the bad side of the fence. No clothes lines. That was too crass. No TV antennas. That would clutter up the neighbourhood (and it was good for Rogers).
With all these rules and regulations you might think that consumers would object. But, just the opposite! They arrived in droves. Everyone seemed to love the new approach. This developer was taking an interest in the Erin Mills community, not just now, but for decades to come.
Builders took their plans directly to Cadillac Fairview, but homeowners took their concerns to the Architectural Control Committee. That committee consisted largely of local homeowners, together with some Cadillac Fairview staff members. It was efficient. It was responsive to community needs, and the applicants felt that they received a fair hearing, since they saw that their neighbours comprised most of the committee.
The system worked well, but all good things must come to an end. The restrictive covenants ran for a period of twenty years before their expiration. So, for those neighbourhoods that were developed in the 1970's, the covenants expired in the 1990's. Even the most recent neighbourhoods will soon find their covenants expiring.
However, the good news is that across the board, most new homeowners like the way the subdivision looks. That's why they bought into Erin Mills. So, they want to keep it that way.
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, Royal LePage Innovators Realty
905-796-8888
www.OntarioRealEstateSource.com
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