In 2022, the Scarboro Community Association established an Anderson Caveat Enforcement Fund to help preserve important elements of Scarboro’s unique physical and historical landscape.
The Anderson Caveat, which dates back to 1911, is a restrictive covenant that was put in place to establish a building scheme for the Scarboro community to maintain the original design that was created by the famous Olmsted Brothers firm.
Over the years, the Scarboro Community Association (SCA), with tremendous support from residents and the community, has put a lot of energy and volunteer time and effort into initiatives that will help maintain Scarboro’s unique historical significance – including our landscapes, curved and tree-lined streets, parks and open spaces.
Led by the Planning Committee, the SCA has asked that Scarboro be evaluated for its heritage significance at both the municipal and provincial levels. While we negotiate our way through these processes, the SCA Board of Directors believes that the Anderson Caveat is critically important to the preservation and continuation of our neighbourhood and its design and character.
Key Elements.
The Anderson Caveat sets out restrictions regarding development and use of property in Scarboro.
Three components of the Anderson Caveat remain especially relevant today:
Single family home - Only one single family home can be built on a lot. Duplexes, row houses and multi-family homes are not permitted. (See section 1(a) on page 7 of 14 in the Caveat.)
No commercial use - All development in Scarboro shall be for residential use only. Commercial buildings are not permitted. (See section 1(a) on page 7 of 14 in the Caveat.)
Setback - Homes, other structures and attachments must be set back at least 30 feet from the front property line. (See section 1(e) on page 10 of 14 in the Caveat.)
The above is a summary. Anyone proposing to make material changes to, or rebuild a home in Scarboro should review the detailed text of the Caveat. It is referred to on title as instrument number 7289AG.
The SCA Board has created a separate fund to be used when necessary to enforce this restrictive covenant. The Board will control the spending and use of this fund. The fund is comprised on monies contributed by members of the SCA for current and future approved expenditures related to the enforcement of the Anderson Caveat on registered land titles in Scarboro.
TERMs of reference.
Terms of Reference for AC Enforcement Fund.
A Few
Things You
Should
Know.
Only a property owner with the Anderson Caveat registered on your land title can enforce it against another property owner with the same restrictive covenant.
You do not need to be an adjacent neighbour or even live on the same street to enforce the restrictive covenant. You simply need to have the same restrictive covenant registered on your title.
If we are to maintain the essential historical elements of the neighbourhood, then it is important that neighbours monitor and intervene if the Anderson Caveat is being violated. Lawyers have advised us that the Anderson Caveat will become unenforceable if there are continued violations and if we do not take steps to enforce it.
With this information and background, and in the spirit of continuing to preserve the historical nature of the community, the SCA Board established the Anderson Caveat Enforcement Fund. The Board will make decisions about the release of funds and all decisions will be subject to SCA Board approval. The decision to use funds will be based on whether it serves community interest and optimizes the protection of the Anderson Caveat. The funds will be limited, so the Board will make decisions strategically and to the best of its ability.
Use of Fund.
The Fund may be used for, but is not limited to the following:
Injunction application to prevent non-compliant construction from commencing or continuing in Scarboro;
Opposition to any legal action commenced by a Scarboro property owner (including via a builder or developer) seeking to invalidate and/or discharge an AC from title;
Support for legal action in another Alberta community with substantially similar restrictive covenants, where the outcome of such case would be of great precedential value to our community;
Obtaining legal advice to better understand and identify legal positions related to land use and the legislative regime; and
Other uses as determined by the SCA Board.
CONTRIBUTIONS AND REPORTING of the fund.
Scarboro Community Association members, are encouraged to contribute to the Anderson Caveat Enforcement Fund.
A few things to note:
All contributions to the Anderson Caveat Enforcement Fund are non-refundable.
Contributions to the Anderson Caveat Enforcement Fund are not eligible for any charitable contribution tax receipt.
The Anderson Caveat Enforcement Fund is intended to be overseen by the SCA Board and will be reported separately from other SCA business in the SCA Financial Statements.
To contribute to the Anderson Caveat Enforcement Fund and/or to ask questions, please contact
caveat@scarborocommunity.com.