A Protective Covenant is an agreement entered into by the purchaser of property and a vendor, and governs what the property owner can and cannot do with their property.
Protective Covenants are designed to maintain the value of properties for the benefit of all residents and to provide assurance to existing and prospective land owners that the suburb will conform to the same high standard in the future.
The Protective Covenant applies to the property (not to an individual Home Owner) and is considered to be transferred to the new Home Owner upon sale of the property.
In response to queries from the local community, BBRA has sought clarification from City of Joondalup and PEET regarding the Protective Covenants that are included by PEET with land sales contracts for the Burns Beach Development. BBRA has sought to establish clarity regarding non-compliance and enforcement of these Protective Covenants.
An example of a Protective Covenant is included on this page. Note that the Protective Covenants do have expiry dates and may vary between different Stages of Burns Beach Development. Many of the Protective Covenants for Lots purchased in early stages of development expired on 31st December 2020.
City of Joondalup has stated that CoJ does not have authority to monitor and enforce compliance with the Protective Covenants.
PEET has advised that the Protective Covenants are initially set-up by the developer (PEET) and are a private matter between land owners. Once ownership of all Lots in a particular Stage of Burns Beach Development has been transferred to purchasers, PEET ceases to have any authority over monitoring and compliance of the Protective Covenants.
It is now apparent that any potential non-compliances can be reported by residents either to PEET directly, or alternatively to RCM (a third-party Appraisals Contractor acting on behalf of PEET).
RCM does perform routine patrols to check for non-compliances, and also handles any follow-up with non-compliant residents.
RCM can be contacted by phone (95618405) or email email@example.com
PEET has previously advised that in the event that residence is in a Stage area that has not been fully sold, PEET would typically review the non-compliance and if the non-compliance is confirmed PEET would then address the matter with the non-compliant resident.
To summarise the situation:
Residents of Burns Beach development have typically entered into a Protective Covenant agreement when purchasing the Lot or property.
It is incumbent on all residents to comply with the Protective Covenant, and compliance by all residents will help to maintain a uniformly high standard throughout the Burns Beach Development.
It would be reasonable to expect residents to continue to comply with the intent of the Protective Covenants once the expiry date has passed.
Non-compliance may occur from time to time for many reasons, however it is reasonable to expect that any reported non-compliances would be addressed and resolved by the non-compliant resident
Potential non-compliances can be reported by residents to PEET or directly to RCM.
It is understood that PEET will take action on any reported non-compliances if PEET retains authority in the corresponding Stage location.