Restrictive Covenants Information

Come and Learn how we can try to protect our neighbourhood from large scale development on residential streets.

*The following is provided by a group of private residents, not the Rosemont Community Association*

  • Hello Neighbours 

    We are back again to discuss Restrictive Covenants (RCs). 100 homeowners in our contact list. Need to grow the interest. All group emails will be bcc for confidentiality. Talk to your neighbours, have them send an e-mail with name(s) address, and phone to restrictivecovenantrosemont@gmail.com to grow our list. Address needed to know interest by street, phone as a backup to the e-mail.

    There are late 1950 era RCs on Chelsea Street, Rosewood Road, Roseview Drive and most of Rosevale Drive (except east of Rosemont School) and some on Cambrian Drive. Check your title to confirm. A lane house has been built that goes against the RC. If the RCs are not defended a judge can strike them down (eg. Banff Trail tower on 24th Ave). Committee wants to retain legal counsel, retainer is $5000. We need a minimum of 25 homeowners to contribute $200 to initiate the formal RC process and create a defence fund.

    Send email to confirm you’ll contribute $200 and a Yes you want an RC on your property (subject to details). Estimated cost: $500 to $750, ~$500 for an RC, rest kept for the defence fund. Existing RC homeowners - asking for $200 to determine the validity of the current RCs, and can they still be defended even though a lane house has been built? Any remaining balance will go to the defence fund.

    Defence fund to fight High Density Development Applications in Rosemont. CBC on May 10 th - homeowner in Windsor Park launched an appeal to a multiplex next door. Council proposed a bylaw that would allow developer to continue despite court action. Council voted 6 for, 6 against and the motion was defeated. 3 councillors/mayor did not vote (most votes are 9 to 6).If it had passed you’d have to go to court a second time to obtain an injunction.

    The current 8 council members and mayor continue to push their agenda including changes to community development plans that will make it even easier for developers to change our communities for ever. Please email us your commitment at Restrictivecovenantrosemont@gmail.com

    Please do this as soon as possible as we are trying to Prevent any new High Density Development. Property for sale 44 Rosevale Drive, please send any information on development plans as soon as you see them.

    Jean Blackstock 
    403 305-9447

  • Hello Rosemont Neighbours 

    We have now had two meetings about Restrictive Covenants - One on Feb 10 and the other April 7. We have had representatives from other communities that are working to get Restrictive Covenants put into their communities present information to us and are willing to help us draft a covenant for Rosemont.

    We have recently found out that more than 109 houses in Rosemont have a Restrictive Covenant put on the title by Carma Developers in the late 50s. If you live on Rosewood Road, Roseview Drive, Chelsea Street,  Rosevale Drive except for the houses East of the School and parts of Cambrian Drive you probably have a Restrictive Covenant on your title.  If you live on those streets you should check the title of your house for the Restrictive Covenant that prevents anything else besides one or two dwellings on your lot. It is a number such as 3461HN or 5488HM on your title. Several Rosemont residents have acquired copies of Different Restrictive Covenants that apply to different addresses.

    We also know that there has been a lane house built on Rosevale Drive that went against the Covenant there and will have to see what kind of ramifications this may have in future defence of these or other Restrictive  Covenants in Rosemont.

    We now have a committee of 5 people working on this and many people have signed that they are interested in pursuing a Restrictive Covenant for Rosemont and that we need a defence fund to be able to defend against a development application that threatens to try to remove the Covenant.

    At the second meeting we looked at possible additions of items to add to a covenant such as basement suites or no basement suites. and setbacks or RCG setbacks, lane houses or no lane houses. It seems that the majority of people who voted there want to keep the original 7-10 meter setbacks, no backyard suites, no subdivision and 50/50 split on basement suites. The length of time for the Covenant people wanted was 75 years. These are examples of items that could be included but does not mean a Rosemont Restrictive Covenant would include these things.

    Finally we are hoping to hear from as many people as possible whether they are seriously interested in having a restricted covenant put on their title to ensure that our community is able to fend off large scale development such as what we are seeing in Mt Pleasant and Briar Hill and Capital Hill. We are hoping that people will contact us by May 15 to let us know if they are interested as we have to come up with the $5000.00 retainer for the Lawyer to look at our situation and draft a Covenant. In most communities the cost per household has been between $500 and $750 that includes signing onto the Covenant and the defence fund. We are quite a way away from calling for money or signing a Covenant. We just need to know that there are enough people interested to go ahead with the lawyer.

    Time is of the essence. Please put some thought into this and contact us at restrictivecovenantrosemont@gmail.com to let us know if you are interested in having a  Restrictive Covenant. 

  • Rosemont Neighbours:  Since the Restrictive Covenant  meeting on Feb 11 there has been a lot of interest in Restrictive Covenants to try to maintain the Spirit and Nature of our community such as Single Family Homes and Duplex homes as well as greenspace, trees and front setbacks. Since the meeting a committee has formed to coordinate activities toward implementing a Restrictive Covenant that Rosemont Residents could sign on to. To this end the committee will be going door to door to talk with neighbours and there will be a further Information Meeting on Monday April 7 at 7PM at the Community Hall.  

        A Restrictive Covenant is a legal contract bound to a property by being registered on the title. In the Past restrictive covenants were used as development tools before municipal governments were given the power of land use zoning. Several properties in Cambrian Heights and Collingwood  already have Restrictive Covenants in place. Restrictive Covenants can be effective at limiting development  density. As an example lands with a Restrictive Covenant that limits development to single detached or semidetached dwellings will result in less density than those that do not have a Restrictive Covenant. They may enhance property value when lower density development is seen as desirable.

         A Restrictive Covenant can restrict development of townhouse and row housing. For example the Lake Bonavista and Chinook Part Eagle Ridge Calvin Grove Restrictive Covenant does not allow construction over multiple lots. Developers are not able to acquire adjacent lots and construct a single high density development if at least one of the lots has a Restrictive Covenant.

           Since the adoption of R-CG Blanket rezoning by City Council in September of 2024 after the longest council meeting in Calgary History  properties were changed in Rosemont from R-C1 and R-C2 to R-CG. This zoning allows for multiple dwellings on a lot. As we have seen in Capital Hill and Mt Pleasant one lot can become 4 townhouses with 4 basement suites and little if any parking.

    Restrictive Covenants are not enforced by the City and must be defended through the legal system. Those who have not signed on to the Restrictive Covenant cannot help to enforce any Restrictive Covenant in Rosemont. Because of this it is important that we all inform ourselves and our neighbours about how we can use this Restrictive Covenant to keep the Spirit of the Community we bought into. Please consider coming to the Meeting on April 7 at 7 PM at the Community to have your say about how a Rosemont Restrictive Covenant might look and have your questions answered.

    To watch a video on how Restrictive Covenant affect Real Estate prices go to Brentwoodrc.ca This was put together by a Brentwood Realtor Val Laferriere

    We have discovered some news about Rosewood Rd Chelsea Street and Roseview Drive that is very interesting. Come to the meeting and hear what we have discovered. It is preliminary but very good we hope.

    If you have questions call Jean Blackstock @ 403 305-9447

Further information compiled by the Rosemont Community Association can be found at Restrictive Covenant Info Sheet.

Plus you can visit RosemontYYC.com/Rezone for some basic information and resources where you can learn more.