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Protective Covenants

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 rcmwa@bigpond.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.

Protective Covenant (StageTopaz).pdf

© 2014 by Burns Beach Residents Association Inc.

The materials contained on this website are provided for general information only and do not constitute any form of advice. Burns Beach Residents Association assumes no responsibility for the accuracy of any particular statement and accepts no liability for any loss or damage that may arise from the reliance on the information contained on this site. Links to other websites from these pages are for information only and Burns Beach Residents Association accepts no responsibility or liability for access to, or the material on any website, which is linked from or to this website. By providing links to other websites, Burns Beach Residents Association does not generally guarantee, approve or endorse the information or products available at these websites, nor does a link generally indicate any association with or endorsement by the linked site to Burns Beach Residents Association. Burns Beach Residents Association hereby discloses that we have entered into commercial sponsorship agreements with the sponsors listed on the "Sponsorship" page. Burns Beach Residents Association appreciates the support of our sponsors.

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