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A message from the Community Association President
Orchard Estates Common Property Usage
Related documents:
Orchard Estates is a special and unique community in the City of Ottawa,
where rural life may be enjoyed within the city limits. Personally, I
consider Orchard Estates to be a little slice of heaven – wonderful neighbours,
and country estate living with all the conveniences of a vibrant city.
One of our
Community’s distinctive characteristics is the ownership by all residents of
the Common Property. As you may be aware, the deed to your property sets out
the specific lots within the community that are jointly owned by the property
owners, as well as, the covenants which specify permissible and prohibited
usage of this property. This article is intended to serve as an overview of
the covenants; however, all residents are encouraged to review the legal
document that accompanies your property deed.
We have come a
long way since 1980 when the neighbourhood was first established. Our
neighbourhood continues to grow, with more than 100 homes constructed, and many
of our homes have seen two or more homeowners. Unfortunately, as the
neighbourhood turns over, and new residents are welcomed, it has become
apparent that many are not aware of their common property ownership, its
function, and the responsibilities that go with this ownership. Also,
residents whom have lived here a while could use a reminder.
When the Orchard
Estates Community was established, by the then, City of Nepean,
no provisions were made for a City-owned park to
service the neighbourhood residents. Instead, the City established
resident-owned, and taxed, Common Property, which is the exclusive
responsibility of the Orchard Estates residents and property owners. This
results in the City providing no funding for facilities, care or maintenance of
the common property. Rather, the residents are financially responsible, and
these funds are raised through the Orchard Estates Community Association annual
membership fees.
Residents whom
have chosen not to join the Community Association have essentially left the
funding for care of their property to their neighbours whom have paid the
Membership Fees. The current Community Association membership fee is $100 per
year, of which 80% is applied to common property maintenance. This is what it
costs to maintain our beautiful entrances to the community, and the park at the
mailboxes. No further development is planned at this time.
The Orchard
Estates Community Association is the steward of the Common Property. All
decisions regarding the development, care and maintenance of the Common
Property must be approved by a majority vote of residents in attendance at the
Annual General Meeting. This meeting has historically been held during the
Neighbourhood Community BBQ in June. Your attendance and participation in this
meeting is encouraged, after all it is your property.
The Community
Association has received a number of complaints regarding common property
usage. Should you have a specific concern with a neighbour’s use of the common
property, we encourage you to first speak directly with your neighbour, as you
are both joint owners of the property. If resolution cannot be achieved
between the parties, then please contact the Community Association Executive
for further investigation into the matter.
As set out in the
Orchard Estates Covenants, the Common Property has been reserved as private
open space for the benefit of the residents. It is intended that these lands
remain in a natural state, and their use to be passive in nature as is in
keeping with the rural country setting of the neighbourhood. This means:
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Ensure that your
household insurance carries a rider covering the Common Property. Should an
accident occur, all residents would share in the liability.
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Do not build buildings, fences or any other structure on the Common Property
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Do not park your
vehicles on the Common Property
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Do not drive your
vehicles on the Common Property
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Do not create driveways through or on the Common Property
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Do not dump your garden waste, fallen trees, or any other material on the Common Property
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Do not cut down trees or clear land on the Common Property.
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Do not store personal property on the Common Property
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Do not partition in any way Common Property for your personal private use.
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Respect that yourself and your neighbours own this property
The Community
Association has on file maps that clearly identify the location of the Common
Property. All residents are welcome to view the maps, which can be arranged
by contacting Susan Brownrigg-Smith at 823-1927. A copy of the map is posted
at the mailboxes, and will also be included in the soon to be released new
Community Directory.
If you have a
requirement or idea for a change to the common property, please contact your
Community Association Executive Team. In summary, the Common Property belongs
to all of us. We share the responsibility for its care.
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