This site is dedicated to enforcing the existing Restrictive Covenants and to creating a new, Modern Restrictive Covenant to property titles in Rosedale, Calgary, to preserve the character of our community—one defined by single-family homes, mature trees, and quiet, safe streets.
The future of our community is at stake. To protect Rosedale’s character and ensure responsible development, we need both financial support and volunteers. Whether you can contribute to the legal fund or help with the new restrictive covenant, your involvement matters. Contact us at [email protected].
Beyond legal action, we’re taking steps to strengthen Rosedale’s protections for the future. Volunteers are needed to help register a new restrictive covenant on as many homes as possible. This is a crucial step to deter future challenges. If you’re willing to help, now is the time to get involved.
Volunteer Sign UpLitigation is costly, but the stakes couldn’t be higher. The developer is appealing, and we must see this through to protect Rosedale’s character and future development. We need to raise an additional $50,000–$60,000 to cover legal fees and ensure we have the strongest case possible. If you haven’t contributed yet, now is the time. Every dollar helps.
financial contributionsThe Rosedale Restrictive Covenant effort has two mandates: 1) Defend existing Restrictive Covenants and; 2) Create a new, modern Restrictive Covenant. The News and Updates section can be filtered on these two topics.
Webinar Link will be sent to those on the RC email distribution list and also posted here.
Call to Action: Attend this meeting to learn more about the Modern Restrictive Covenant Initiative and what you can do to support this effort.
Our first volunteer committee meeting. All interested in volunteering may attend.
A reminder to Rosedale residents that Curtis Marble, of Carbert Waite LLP will be holding an information session on Restrictive Covenants at the Rosedale Community Hall on Friday Oct 4, 2024.
Use this link to find the active development permits in Rosedale:
Council acted within its powers, fairly, and with sufficiently open minds, judge decides
In the ruling, Justice Michael Lema wrote that the Municipal Government Act empowers the city to enact blanket rezoning and it did so in a procedurally fair manner, while providing sufficient notice to the public
Step by step, the Calgary we used to know, with its sense of shared community, disappears
A growing number of households in Calgary are registering restrictive covenants on their land titles, pushing back against new city zoning regulations that allow for higher density in older communities.
The City of Calgary passed citywide rezoning where the majority of the city has been designated R-CG. The new Zoning was effective August 6, 2024. This includes all of the residential Housing in Rosedale.
Residential Contextual Grade Oriented (R-CG) allows for (i) single detached, (ii) semi-detached, (iii) townhouse, (iv) row house or (v) fourplex
Height: 11 meters/36 feet (3 storeys)
Density: 75 units/hectare
Parking: 0.5 stalls/unit
For Example, on a 50 foot lot, 3 units, each with a secondary suite, are permitted. In addition, up to 3 laneway suites are also permitted. This could total 9-12 units on a single lot. More units are permitted on larger lots. If a developer purchased 3 consecutive lots then there would be the potential for 30 units or more next door.
More Information R-CG zoning:
When Rosedale was developed back in the 1920’s and 1930’s, the developer and the property owners placed restrictive covenants on the property titles (registered with the Alberta Lands Department) that defined what could and could not be done by the owners of the properties such as allowing only detached single family dwellings. An RC is an agreement between landowners in which one party limits the development of their land for the benefit of the community and in return that party receives the same benefit. These RC’s stay on title with the property even when the property is sold. An RC is enforceable by one landowner against another. It effectively ensures the desirable characteristics of a neighbourhood are maintained. If a landowner/developer elects to breach the covenant by trying to subdivide or build a multiplex, the other landowners sharing the covenant can take steps to try to force the developer to abide by the terms of the RC.
In August 2024, the City of Calgary council passed the “Blanket Rezoning By-law” which eliminated RC-1 zoning (single detached homes) across Calgary. The city has stepped away from these neighbourhoods and essentially turned them over to developers. The city is not a party to the restrictive covenants and ignores them when establishing zoning rules. The City approves Development Permits based on the new City zoning and ignores Restrictive Covenants, which are only enforceable in civil court.
An MRC provides 2 advantages 1) An MRC is much easier to legally defend in court than the existing RC’s. The modern language and identical terms on each property strengthens the ability of defense lawyers to ensure the MRC is retained on property title against the developer’s request for the courts to remove them. 2) Since the MRC is easier to defend, it has a higher likelihood that the property owners will be successful in court and eventually it is expected developers will stop attempting to have RC’s removed and therefore reduce/eliminate future legal costs.
The MRC terms and conditions are worded in such a way that if there is a conflict, the terms of the existing RC will take precedent.
Restrictive Covenants are in place to protect your neighbourhood. It is a mutually beneficial system where each property owner places an RC on their property to protect their neighbours being subject to the impacts of an 8 plex being built next door (loss of trees, loss of sunlight, loss of privacy, loss of parking etc).
1) If you have an existing RC, a new MRC will not change any of the existing restrictions that you currently have in your existing RC. However, RC’s do not restrict you from renovating your house, building additions, building decks or tearing your house down and building new. 2) If you do not have an RC on your property then an MRC will create a new restriction, that being a single family dwelling and no subdivision of your lot.
You should consult with a real estate agent to answer this question. For those with existing RC’s on their properties, the new MRC simply strengthens the existing RC so there should be no impact. What we do know is that in other communities where they have implemented new MRC’s, some real estate agents are advertising the fact that the house for sale has an RC and is in an RC neighbourhood with the belief that the RC neighbourhood is a sale advantage.
Existing laneway homes and basement suites, although not compliant with the existing old RC’s, will be grandfathered by the new MRC.
Approximately half will go to the cost of registering your new MRC on your property title. The other half will be put into a defense fund. The only way to defend an RC is through legal means and through the courts. If a developer applies to the courts to have an RC removed from title, the court will grant the removal if there is no legal challenge put forward by the residents. The hope is that once we win a few court cases the developers will leave Rosedale alone.
The MRC committee only works with property owners. We do not ask renters to get involved in the MRC process.
The MRC Committee is a group of Rosedale resident volunteers and in no way can provide you legal advice. If you are uncertain about any aspect of RC’s/MRC’s, we encourage you to get legal advice.
You can send an email to [email protected] with any questions or comments or visit our website at rosedalerc.com.
DP-2025-03050
