Is a restrictive covenant that requires a homeowner to obtain the approval of the developer regarding the construction of a large shed without the developer's consent unenforceable?
Ontario, Canada
The following excerpt is from Benjamin v. JHS Properties Inc., 2021 ONSC 7258 (CanLII):
In the case of Lone Oak v. Baillie, 2019 ONSC 4667, Templeton J. dealt with a restrictive covenant that required a homeowner to obtain the approval of the developer regarding the construction of a large shed. The developer had the unfettered discretion to approve the construction of the shed. Templeton J. found that the restrictive covenant was unenforceable.
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