Covenants are agreements that impose restrictions on property and are registered on the land titles of many properties in Whistler.
To obtain copies of the covenants registered on your property, you may contact lawyers, notaries, land surveyors or independent registry agents. Find contact information and other resources provided by the Land Title and Survey Authority of British Columbia.
Some covenants are between the Resort Municipality of Whistler (RMOW) and the property owner. If you would like to modify one of these covenants, please submit a Covenant Modification Application. Most covenant modifications require Council approval. Find more information about the covenant modification process.
Types of Covenants
Covenants can address a variety of topics. The most common covenants in Whistler are rental pool covenants and tree preservation covenants.
Rental Pool Covenants
Please note the RMOW does not typically modify rental pool covenants.
There are two main types of rental pool covenants on property titles in Whistler: Phase 1 covenants and Phase 2 covenants.
- Phase 1 rental pool covenants are less restrictive than Phase 2 rental pool covenants. Phase 1 covenants are intended to maximize occupancy of properties for use by owners and visitors. When not in owner use, the covenants generally require the accommodation units be made available to the public through a rental pool. For properties where the covenant does not specify a single, integrated rental pool, RMOW Council policy supports multiple rental booking and unit management arrangements within a property, including the self-management rental of units by owners.
- Phase 2 rental pool covenants require that all units must be available for commercial rental to the public at all times except for limited owner use. Owners have a basic allotment for personal use of their unit, limited to 28 days for a defined summer period and 28 days for a defined winter period. Terms specifying how and when owners may use their basic allotment are detailed in the covenants. The terms also specify opportunities for additional owner use. Every accommodation unit on the property must be placed or listed in a single, integrated rental pool, as selected by the strata owners, through which the units will be made available for rental to the public. This provides for the orderly and assured management of reservations and use of units by the public and unit owners.
Tree Preservation Covenants
Tree preservation covenants protect trees and vegetated areas on properties. These covenants typically establish tree preservation zones within properties, where trees and vegetation cannot be removed to accommodate development. Also, they often include replanting guides to rehabilitate areas disturbed by natural hazards or permitted development.
To modify a tree preservation covenant, you may need to submit a different application form. Specifically, if your property is located in a Development Permit Area and is not exempt from Development Permit requirements, you would submit the appropriate Development Permit application form.