Covenant rules turn arbitrary?

Location: New Brunswick

• The lands to which these building restrictions shall apply (hereinafter called the "said lands") include the lot or lots hereinbefore described.

• No more than one (1) dwelling house shall be erected at any one time upon any one lot of the said land.

• The plans submitted to the subdivision owner for approval shall include a site plan, floor plan and exterior elevations.

• The said dwelling house shall be constructed on site and no mobile home, house trailer or prefabricated or modular home shall be placed or permitted on lands. Exceptions to this covenant can be made regarding prefabricated homes with the express written consent from the subdivision owner.

• No dwelling house shall be erected or stand on the lands which shall have a ground floor area less than:

a) 1300 square feet in the case of a single storey dwelling without a garage.

b) 1100 square feet in the case of a single storey dwelling with a garage.

c) 900 square feet in the case of a 2 storey or 1 ½ storey dwelling without a garage.

d) 700 square feet in the case of a 2 storey or 1 ½ storey dwelling with a garage.

6. All buildings, fences or structures of any kind to be erected on the said lands shall be approved in writing by the subdivision owner. The subdivision owner may in his absolute discretion refuse to approve any such plans or proposals which, in his opinion, are unsuitable or undesirable in relation to the character of the surrounding area.

7. All exterior construction of the dwelling on said lands must be completely finished within 12 months from the start of construction.

8. Failure to commence construction of a dwelling within three (3) years from the date of this conveyance, the subdivision owner shall have the exclusive right at the option of the subdivision owner, to repurchase the said lands from the then owner for the same purchase price paid by the then owner named within this conveyance.

9. The driveway and the landscaping on the front and on the side of the dwelling house built on the said lands shall be finished within two (2) years of the date of the commencement of the construction of the building.

10. The purchaser will repair to the satisfaction of the subdivision owner any damage to roadways, curbs and temporary or permanent ditching, within the said subdivision, caused by building operations of the purchaser upon the said lot.

11. The purchaser will keep the said lands in a neat and tidy condition in the course of construction of

buildings thereon and will comply with any reasonable request made by the subdivision owner in respect of the appearance of said lands during construction is aforesaid.

12. The purchaser will repair any damage to that part of any other lands abutting or adjacent to the said lands caused by construction operations of the purchaser upon the said lot and wil complete any such repairs to the satisfaction of the subdivision owner within ten (10) days from the receipt of written notice from the subdivision owner.

13. All firewood to be stored shall be neatly piled on the outside of the buildings and/or behind the buildings.

14. The lands, including the buildings erected thereon, shall not at any time be used for the purpose of any profession, trade or business whatsoever without the express written consent from the subdivision owner.

15. No animals other than household pets normally kept in private homes in urban residential areas shal be kept upon the lands. No commercial breeding of pets or any other animals shall be carried on upon these lands.

16. Nothing can be stored (i.e.: large gas tanks, oil tanks, composite containers, etc on the exterior of the dwelling house or outbuildings that could be determined an eyesore in the sole opinion of the subdivision owner.

17. The lands shail not ise re-subdivided or re-zoned at any time without the express writen consent of the subdivision owner.

18 ) No building waste or other materials shall be dumped or stored on said lands except for clean earth to level the property in connection with the erection of thereon or the purpose of leveling the said lands in connection with the erection of a buliding thereon or the immediate improvement of the grounds.

19 ) No signs billboards or anything advertising on the property or the said lands or buildings thereon for sale or rent) shall be placed on any part of the said lands or upon or within any buildings or upon any fence, tree or other structure on the said lands without the written consent of the subdivision owner.

20. Notwithstanding anything herein contained, the subdivision owner may waive, alter or modify the above covenants in their application to any lot or parcel of land contained in the subdivision.

We have already signed our purchase agreement. This was not included AT ALL in the agreement. Yesterday they tried to say our HST was not included in the purchase price. The document we signed stated it is. We would get the tax rebate of 36k. They made a huge mistake. We feel like for this to come to life overnight after saying “no, taxes are included as per purchase agreement” is a tactic for us to drop the deal so they can list the house correctly so they can take advantage of the tax rebate. Apparently this was dated “march 2025”. We think it’s BS. we understand most of these rules are put into place to maintain the neighbourhood. Though It is not an HOA. We feel like a lot of this is ARBITRARY. what do you think?!? We think it’s retaliation after the fact of signing the agreement!

“Due to the sole opinion”. Yeah we might walk away and drop this deal. Would you walk away????

LOCATION: VILLAGE of PETITCODIAC New Brunswick, CANADA

throwing us “urban” rules for a VILLAGE?!?

Please we need ALLLLLL the advice we can get!!!!! Closing is on the 20th of this month!!!!!!!