Covenants are agreements that impose restrictions on property.
Covenants 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. The Land Title and Survey Authority of British Columbia provides links to contact information here.
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. More information on the covenant modification process is available here.
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 I Covenants and Phase II Covenants.
- A Phase I Rental Pool Covenant is the least restrictive of the rental pool covenants because an owner is allowed unrestricted use of the unit. When the unit is not being used, it must be placed into a bona fide rental pool company for rental to visitors.
- A Phase II Rental Pool Covenant is more restrictive in terms of owner usage because an owner is restricted to a total of 56 days of use (28 days in summer and 28 days in winter). For the remaining days, the unit must be placed into a bona fide rental pool company for rental to visitors.
There are two other rental pool covenants that are not as common: an Optional Phase I Rental Pool Covenant and a Timeshare Rental Pool Covenant.
- An Optional Phase I Rental Pool Covenant applies to some properties in Nicklaus North and states the owner may rent the unit, as opposed to shall rent the unit.
- A Timeshare Rental Pool Covenant states the owner can use the unit for the time allowed and when the owner is not using the unit, it is to be placed into a rental pool for rental to the general public.
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.