The Anderson Caveat Enforcement Fund Guidelines

Some important elements of Scarboro’s physical and historical landscape, including its wide and undulating streets and ‘old’ neighbourhood feeling are preserved by the Anderson Caveat. The Anderson Caveat, which dates back to 1911, is in fact a restrictive covenant. It was put in place to establish a building scheme for the Scarboro community and maintain the original design that was created by the famous Olmsted Brothers firm.

The Scarboro Community Association (SCA), with tremendous support from the community, has put a lot of energy and volunteer time and effort into initiatives to help maintain our historical significance – our landscapes, curved and tree-lined streets, parks and open spaces, etc.    

The SCA, led by our Planning Committee, has asked that Scarboro be evaluated for its heritage significance at 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 of the Anderson Caveat 

The Anderson Caveat sets out restrictions regarding development and use of property in Scarboro. You can find the Anderson Caveat here on this website.  Three restrictions remain especially relevant today: 

1.         Single dwelling house - Only one single dwelling house can be built on a lot. (See section 1(a) on page 7 of 14 in the Caveat.)

2.         Residential use - All development in Scarboro shall be for residential use only (except where commercial use is allowed on certain lots along 17^th Avenue SW). (See section 1(a) on page 7 of 14 in the Caveat.)

3.         Setback – Dwellings or other buildings or annexes must be set back at least 30 feet from any street, avenue or park limit (some lots require a 20-foot setback and others are excluded from this restriction). (See section 1(e) on pages 10-11 of 14 in the Caveat.)

To help support the Anderson Caveat, the SCA Board has now created a separate bank account that it will use to assist Scarboro landowners in enforcing this restrictive covenant.

The SCA Board will control the spending and use of the bank account (to be known as the Anderson Caveat Enforcement Fund). This Fund will hold funds contributed by members of the SCA for current and future approved expenditures related to the Anderson Caveat and its enforcement on registered land titles in Scarboro.

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 is establishing 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 THE 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 TO AND REPORTING OF THE FUND

Scarboro Community Association members, are encouraged to contribute to the Anderson Caveat Enforcement Fund.  The contribution form is available here.  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 Brent Fraser, Karen Abernethy or Sharon Nettleton or e-mail : caveat@scarborocommunity.com