Nanoose Bay, BC, Canada 

Fairwinds is a multi-phased master planned community.  Since 1988, 472 single family homes have been built in eight phases.  The site map below shows the location of each Phase at Fairwinds.  Approximately 40% of the existing houses at Fairwinds have cedar shake or cedar shingle roofs.  Generally, cedar roofs have a useful like of between 20 and 30 years.  This report has been prepared to assist homeowners at Fairwinds who are considering replacing their cedar roofs. 

A statutory building scheme (the "Scheme") is an agreement which is filed at the Land Title Office and is used by a developer to ensure that all properties covered by the Scheme share common architectural characteristics.  Schemes also specify building materials which may not be used in home construction.   Over the last 25 years, the Fairwinds developers have filed separate Schemes for each Phase at Fairwinds except for the Gleneagles condominium project located at 2655 Andover Road which is not subject to a Scheme.  The Schemes at Fairwinds also refer to design guidelines which further define the architectural characteristics of the respective Phases.   Each Scheme runs with the land and binds all existing and future property owners in each Phase.

Although lot owners are required to have their building plans approved by Fairwinds prior to receiving a building permit for home construction from the Regional District of Nanaimo the Schemes do not require an owner to obtain approval from Fairwinds Community and Resort prior to replacing an existing roof.  Each Scheme at Fairwinds does limit the kinds of roofing materials that can be used in a particular Phase.  if an owner fails to comply with the Scheme requirements, then either Fairwinds Community & Resort or any property owner in that Phase may commence a court action to compel compliance with the Scheme and force the removal of the non-complying roofing materials.  A roof which does not comply with the Scheme may impact the value and saleability of the home at time of resale.

Although the eight Schemes at Fairwinds are similar, they are not identical and there is some variation from Phase to Phase.  Generally, duroid shingles are prohibited in all Phases at Fairwinds and asphalt fibreglass shingles are also prohibited in all Phases except Phases 7 (Observation Point) and 9(b) (Bonnington Heights) which allow fibreglass laminate shingles (FLS), but restrict duroid shingles.  The term "duroid shingle" is not defined in any of the Schemes or design guidelines.  However, in the BC Supreme Court decision of Swiatlowski v Jackman and Hansen (2000 BCSC 553), Mr Justice Vickers when reviewing a statutory building scheme for a project in Duncan, British Columbia, determined that "duroid shingles" is a term used to refer to all asphalt-based shingles and also includes asphalt-based fibreglass shingles.  Metal roofs and tile material other than clay or concrete tiles are also prohibited in all Phases at Fairwinds.  The Design Guidelines generally approve the use of cedar shakes, cedar shingles and tar & gravel roofs for those houses that have a flat roof.  (See below for a summary of the roofing restrictions specific for each Phase at Fairwinds.

The range of roofing materials has been expanded over the last 20 years and Mr. Dave Scott, development manager for Fairwinds Community & Resort has approved four new roofing products for use in all Phases at Fairwinds.  The four roofing products are ideal substitutes for cedar roofs because the new roofing material is light enough to be installed on existing homes without requiring any change to the existing roof trusses.  Please refer to section 5 below for additional information on Enviroshake, RoofRock, Pro-shake and Moderne Slate.  Samples of the four new building products are also on display at the Fairwinds Presentation Center.

Each of the Phases is colour-coded on the above map.  Please locate your property on the map and refer to the index.  After locating your Phase, refer to the Summary of Roofing Restrictions for that Phase below.

Generally, no permit will be required from the RDN if you are not making any structural changes to your house or any changes to the electrical or plumbing systems.  However, if there is any question in your mind, please contact the Nanaimo Regional Permit Department at (250)390-6530

Yes.  You also may want to print off a copy of this report and provide it to them in order that your roof supplier or roofing company fully understands the roofing restrictions at Fairwinds.   Roofing Report .pdf  Summary

Yes.  Mr. Dave Scott approves additional roofing products from time to time and Fairwinds Community & Resort has agreed to keep copies of the additional approved roofing materials at the Presentation Centre.  The FCA will also update this report from time to time and include any new approved roofing materials in section 5 below.

Yes.  A building scheme can be modified with the consent of ALL lot owners covered by the Scheme, however, the probability of obtaining the unanimous consent of all owners covered by a building scheme is extremely low.  In addition, an application may be made to the Supreme Court of British Columbia to cancel a building scheme in exceptional circumstances.

Envirshake, RoofRoc, Pro-Shake, Moderne Slate

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