30/04/2019 – Jurisdiction British Columbia
Part 67 published on 01/09/2019
Restrictive covenant for Services Agreement invalid. Court orders cancellation of covenant
The particular strata corporation is an independent supportive living retirement residence for persons 55 years of age or older. A registered restrictive covenant purported to run with the title to each of the strata lots, and required all residents to enter into a Supportive Living Services Agreement with an indicated provider.
The Petitioner challenged the validity of the restrictive covenant. The Court determined that the restrictive covenant was invalid (and ordered that it be cancelled) for two reasons:
- The Court concluded that the covenant was positive in nature; and
- The Court concluded that the covenant did not touch and concern any benefitted landHarris Estate v Strata Plan EPS 319