Frequently Asked Questions

The Sunset Dunes Homeowners Association Board, from time to time, receives questions from owners and potential owners.  We thought it would be helpful to share those frequently asked questions (FAQs) and answers here:

If you have a question that has not been addressed, contact us here.

Architectural Standards

  • What are the architectural standards of the subdivision and how will the HOA ensure people will adhere to the standards?  (April 2021)
    • The Restrictive Covenants contain the architectural standards of the subdivision Sunset Dunes Restrictive Covenants.
    • The Board is of the view that the Sunset Dunes community is made up of lot owners that take seriously the legal responsibility that they took on when they purchased their property and signed the Restrictive Covenants, including the requirement to obtain written approval from the HOA before commencing construction on all buildings, fences, walls, gate posts, clotheslines, or any other structures.
    • The Board has established an Architectural Review Committee (ARC) to carry out the HOA and Board this construction plan review and written approval process. 
  • What if we want to use different materials and/or colors than what is stated in the Restrictive Covenants? (November 2022)
    • The SSDHOA has expanded the range of exterior building materials it approves to include modern products such as architectural vinyl cladding shingles, clapboard, board, and batten, etc that were not available when the covenants were initially written. 
    • Modern building designs, color, etc otherwise less commonly in style 20 years ago when the restrictive covenants were written, have also been approved provided they complement the Coastal Landscape setting of Sunset Dunes.   All buildings’ design plans must be submitted to the SSDHOA for approval.

Beach Access

  • How do we get to the beach? (April 2023)
    • Beach access is provided through two points of entry, one, Lila’s Beachwalk near the entrance to the subdivision, and the other, Sunset Beach, near the far end of the subdivision.  The stretch of sandy beach and dunes within the subdivision is quite expansive more like PEI’s north shore, although the south side water is much warmer and generally calmer for swimming.  It is also a great area for Kayaking.
  • What about dogs? (April 2023)
    • Dogs are allowed on the beach, including “off leash” conditional to adherence to applicable federal/provincial legislation, and must be under the control of their owners at all times.  Many Lot owners have dogs.

Common Area Activity

  • I would like to start cleaning up and collecting firewood from some of the downed trees from Hurricane (Dorian) in the coastal common area.  I understand that I will be responsible for my own safety.  Can I do this activity on the common area lands?  (August 2021)
    • The Board supports owners’ activities in the common areas such as collecting firewood where there are fallen and dead trees from previous storms or helping to keep Lila’s boardwalk accessible and clear of sand, contingent upon the following:
      • you are responsible for your own safety
      • you are respectful of lot owners’ private property, aware of what entails the layout of the common areas (including any provincially regulated Buffer Zones) and the adjacent owned lots in the area
      • you follow the PEI Provincial requirements for what can and cannot be done in a Watercourse and Wetlands Buffer Zone area, knowing that much of the Sunset Dunes PEI HOA owned common area is covered by these provincial regulations.  Within such a Buffer Zone, according to the PEI Coastal Property Guide, activities that can be carried out without a permit are:
        • prune trees and shrubs;
        • plant grass, trees, and shrubs as long as you only use hand tools;
        • mow an existing lawn;
        • remove or cut down a dead tree (standing or fallen);
        • alter or otherwise disturb the ground or soil using hand tools only

Duck Ponds

  • Are the duck ponds owned by the Sunset Dunes subdivision?  Has the agreement with Ducks Unlimited to maintain the duck ponds been renewed?  (April 2021)
    • There are three ponds located in the Sunset Dunes subdivision in the vicinity of lots 42, 43, 44, 45, and 46.  In 2004, the Sunset Dunes Developer entered into an agreement with Ducks Unlimited Canada for them to manage and maintain these duck ponds.  The agreement has a term of thirty (30) years and is automatically renewed from year to year thereafter unless one party wishes to terminate the agreement.  The agreement with Ducks Unlimited continues after the Developer transfers the Sunset Dunes common areas to the HOA.
    • The Sunset Dunes subdivision still owns the ponds under the terms of the agreement.  Ducks Unlimited only has the right to operate, manage and maintain the ponds.  In fact, there is a significant area of land to the south surrounding the ponds that is Sunset Dunes owned common area.  This area has not been developed with lots by the Developer as there was no roadway access to the area, but the land remains a common area owned by the Sunset Dunes subdivision.  This area has not been utilized by the Developer, but the HOA may in the future wish to examine options to utilize this common area such as developing a walking nature trail.

Fee Assessments

  • What is the annual fee we could expect as a lot owner?  When do we get our Annual Assessment and how do we pay it? (January 2022)
    • The annual fee in 2023 was:
      • $1,000 (including HST) for a vacant lot
      • An additional $640 (including HST) for snow removal only for those lots with a dwelling (completed or under construction).
      • An additional $900 (including HST) for water system maintenance only for those 13 lots on the water system.
    • The Annual Assessment comes out in January by email from the Treasurer.  You can pay it by check either personally to any Board Member or by mail to Sunset Dunes PEI HOA, P.O. Box 82, Borden Carleton, PE C0B 1X0.  You can also e-transfer the payment to the email address on the invoice.
  • I understand that only lots that have buildings constructed pay a fee for the winter snow removal on Campbells Way.  All lots have access to use the roadway, even in the winter.  Why don’t all of the lots pay an equal fee for this snow removal service?  (April 2021)
    • The Restrictive Covenants for Sunset Dunes state that the snow removal fee goes to lots with construction.  In talking with lawyers about the Restrictive Covenants, they are a binding legal agreement with each individual lot owner, so they need to be followed by both the HOA and the lot owner.  The Restrictive Covenants require that snow removal fees need to continue being assessed only to those lots with construction.
    • Hopefully in the next few years, we will see more and more people building in the neighbourhood and this will help bring down the per-homeowner snow removal fee.
  •  I’d like to understand better how the Vacant Lot Grass Cutting done by the HOA at certain lots works.  Can you better explain to me this practice and the associated annual fees to lot owners?  (August 2021)
    • The practice of Vacant Lot Grass Cutting is something that the HOA inherited from the Developer of Sunset Dunes and it comes directly from the Restrictive Covenant that states:
      • For any lot purchased and remaining vacant, the Grantee shall pay the Developer [now HOA] an annual fee for the purpose of maintaining the Lands in a manner acceptable to the Developer [now HOA] including, without limitation, seeding, watering and mowing of the lawn and pruning and cutting of all trees and shrubbery.
    • As you can see from this covenant, it is the HOA that determines for each vacant lot what maintenance activities are required to make the lot acceptable and what the annual fee is for maintaining each particular lot.
    • To be clear, once a lot owner has begun construction on their lot, the lot owner becomes fully responsible for their own maintenance and grass cutting.  The HOA has no direct involvement as it is no longer a vacant lot.
    • Any owner of a vacant lot has the ability to notify the HOA that they will take on the responsibility of maintaining their lot, cutting the grass, and keeping the lot in good condition.  In this situation, there is no invoiced annual vacant lot grass-cutting fee for that owner.  The only involvement of the HOA is to ensure that the lot is maintained in good condition.  For 2021, there are some vacant lot owners that provided this notification and have been maintaining their own vacant lots.
    • Many of the vacant lots at Sunset Dunes are entirely tree-covered lots.  It was determined that these lots would not be invoiced an annual vacant lot grass-cutting fee in 2021, consistent with how these lots were treated in previous years.
    • There are about 20 lots at Sunset Dunes in 2021 that were invoiced in April for an annual vacant lot grass-cutting fee.  These are vacant lots with a substantial amount of grass area where the owner did not indicate that they would take on the responsibility for their own grass cutting and maintenance.
    • The Board’s goal in 2021 with this vacant lot grass-cutting program has been to balance the two objectives of keeping the community looking well-maintained for all to enjoy, while also attempting to minimize the expense to the vacant lot owners.
    • One difference in 2021 that the HOA has made on the vacant lot grass-cutting practice has been to keep track of the work effort required on each individual vacant lot, recording the number of times each lot is cut during the year and making a general assessment of the time required to cut each individual lot.  By doing this detailed record keeping, the objective is that each individual vacant lot owner will only pay for the expenses actually incurred at their individual lot.  It is expected that as the year progresses, vacant lot grass-cutting fee adjustments will be made to individual vacant lot owners based on the actual work and expenses incurred at their individual lot.

HOA Elections

  • What are the terms for members of the Board of Directors of the Sunset Dunes PEI HOA?  (April 2021)
    • The members of the Board of Directors of the HOA are elected annually by the membership. The election calendar is posted on the website each year. 
    • The By-Laws of the Sunset Dunes PEI HOA currently do not place any term limits or other restrictions on Board membership.  If term limits or other restrictions are something desired by the membership, these items can be voted on by the membership and if adopted built into updated By-Laws of the Association.

Lot Ownership

  • What does the HOA need to know when I intend to sell a lot (April 2023)
    • Please ensure your annual fee has been paid and let your lawyer know.
    • When you have an accepted offer, please let the HOA know.  Any contact info you can provide on the new owner would be appreciated.  (The name of the lawyer and/or realtor would work too!)

Renting

  • What is the go-forward plan to deal with renting in the subdivision?  (April 2021)
    • The Restrictive Covenants for Sunset Dunes do not make a clear and precise statement that renting is prohibited based on multiple discussions with lawyers Derek Key and Paul Kiley. The Board’s position, therefore is that it will not act against owners that rent their entire homes as the HOA has no basis to stop this activity.
    • The following article from the Restrictive Covenants for Sunset Dunes properties is the most relevant to the question of renting:
      • The Lands and any building thereon shall not be used for the purpose of any profession, trade, employment, service, manufacture or business of any description, nor as a school, hospital or other charitable institution, hotel, apartment house, rooming house or place of public resort, nor for any purpose other than a private residence for the use of only one family to each dwelling building.
    • Note that the words “rent” or “renting” do not specifically appear in this article.  A home is clearly prohibited from being used as a hotel, apartment house, or rooming house, but the renting of a home is different from these specified purposes.  Since the wording of the covenant article is not precise in prohibiting renting, the Board takes the position that it would not be an effective use of the HOA’s financial resources to attempt to stop the renting of homes.  Note that the wording of the above article is clear that the purpose of the residence is “for the use of only one family to each dwelling building”, so if renting does take place, the home must be rented in its entirety.
    • A recent legal case on PEI, MacMillan Point v Jay, illustrates the difficulties that a Homeowners Association can have when attempting to prohibit renting of homes when the Restrictive Covenants of the HOA do not have specific wording that prohibits renting.  In May 2018, the MacMillan Point HOA took home owner Nicolas Jay to court to force him to cease short-term rentals.  The MacMillan Point Restrictive Covenants are not identical to the Sunset Dunes Restrictive Covenants, but they do have very similar wording with regard to the article on the use of lands and buildings as given above.  In September of 2018 the PEI court ruled in Jay’s favour stating that:
      • The MacMillan Point Covenants are not ambiguous and the rental of property, both long or short-term, is not prohibited by the Covenants.
      • Alternatively, if the particular Covenants are ambiguous then any ambiguity must be interpreted against the HOA and in favour of the home owner.
      • Any restrictions on the freedom to use the land must be clearly expressed in the Covenants.
    • The MacMillan Point HOA did appeal the decision in May 2019 and in September 2019 the court ruled to set aside the original judgment and to allow the case to be heard at a new trial.  Even if the MacMillan Point HOA wins at a new hearing, they will have spent several years in court and expended significant energy and financial resources on the case.  On a cost-benefit analysis basis, the Sunset Dunes PEI HOA Board does not consider this approach, with a very uncertain outcome from a court proceeding, to be an effective use of the HOA’s financial resources.
    • A second article from the Restrictive Covenants for Sunset Dunes properties that is sometimes referenced when discussing the question of renting follows:
      • Nothing shall be done upon the Lands that is or would likely be a nuisance to the occupants of any neighbouring lands or buildings within the subdivision.
    • The Board takes the position that renting in and of itself is not a nuisance.  Renting is a common practice that can be carried out without unreasonable annoyance or injury to others.  The Board takes the position that if there are underlying nuisance issues with specific renters, such as excessive noise, then these root cause issues should be addressed.  This is the type of situation that the Good Neighbour Policy for Sunset Dunes is designed to help resolve.

Restrictive Covenants

  • What is the plan for updating the Restrictive Covenants for the subdivision?  (April 2021)
    • The Restrictive Covenants for each lot in Sunset Dunes is an individual agreement between the first purchaser of that lot and the subdivision Developer.  This original agreement continues on for each subsequent owner of that lot.  This original agreement also continues on when the Developer transfers the subdivision to the HOA, with the HOA taking on all of the roles and responsibilities of the original Developer.
    • For the HOA to attempt to make a change to the Restrictive Covenants for the full subdivision would require that every single lot owner in the subdivision would have to legally sign off on that change.  It is not a matter of the HOA membership voting on a change.  It is a matter that requires 100% of all lot owners to agree to the change.
    • With the large number of lots in the subdivision, the Board does not believe that this 100% approval requirement for a change to the Restrictive Covenants is achievable, therefore, changing the Restrictive Covenants for the subdivision is not something that can be done.
  • What can the HOA do if someone does not adhere to the Restrictive Covenants? (April 2021)
    • The Board is of the view that the Sunset Dunes community is made up of lot owners that take seriously the legal responsibility that they took on when they purchased their property and signed the Restrictive Covenants.
    • As a first step in enforcing the Restrictive Covenants, the Board encourages all lot owners to take some time to once again review their Restrict Covenants to help become more familiar with what activities are prohibited at the properties and what activities require written approval to proceed in the subdivision. Being knowledgeable about the Restrictive Covenants is an excellent way for lot owners to avoid accidentally not adhering to the covenants associated with their property.
    • In addition, a Good Neighbour Policy for Sunset Dunes was established and many of the principles contained there also are valuable in dealing with Restrictive Covenant enforcement.  Such concepts as proactive positive communication and looking to achieve mutually acceptable solutions are things that the HOA and Board would utilize to enforce the Restrictive Covenants.
    • Finally, the HOA always has the option to take legal action against a lot owner to enforce the Restrictive Covenants, but the Board’s view is that this is a measure of last resort.
  • What’s the definition of “dwelling building” as stated in the Restrictive Covenants? (November 2022)
    • The Restrictive Covenants for Sunset Dunes properties state that “no more than one dwelling building and no more than one accessory building shall be erected or stand at any time upon the Lands”.
    • The HOA considers a detached garage building with a second-floor living space for family and guests above the garage area to be classed as an accessory building.  This type of building is not considered to be a dwelling building.
    • Note that such a building cannot be rented independently by the lot owner.  As has been stated before by the HOA, renting is permitted at Sunset Dunes as long as the entire property is rented for use by one family. The Restrictive Covenants require Sunset Dunes properties to be “for the use of only one family”, which must be followed when a property is being rented.
  • Can we plant trees on the property? The lots available for purchase are totally cleared and we would love to plant some trees for shade and privacy. (April 2023)
    • Lot owners are required to submit requests to plant trees prior to receiving HOA approval.  This is to ensure that coastal views from adjacent properties are not obstructed and in the case of trees and other structures minimize “clutter” surrounding homes by limiting size and location if needed.  Each submission is evaluated based on the particular circumstances and view plane dynamics potentially impacted by the request.  
  • Are we allowed to have a clothesline? I totally understand that the homes should all look tidy and neat but I’m hoping that a clothesline would be allowed to dry our clothes in the fresh sea air! (April 2023)
    • Lot owners are required to submit requests to install cloth lines prior to receiving HOA approval.  This is to ensure that coastal views from adjacent properties are not obstructed and in the case of clotheslines and other structures minimize “clutter” surrounding homes by limiting size and location if needed.  Each submission is evaluated based on the particular circumstances and view plane dynamics potentially impacted by the request.  
  • I would like to keep two laying hens in my backyard this summer.  I understand that the Restrictive Covenants for Sunset Dunes prohibit “cattle, hogs, sheep, poultry, horses or other livestock or animals other than household pets permitted in private homes in urban residential areas”.  I do not consider the chickens to be livestock or commercial poultry, but rather pets that live in my backyard during the summer months.  How does the HOA Board feel about lot owners at Sunset Dunes having a couple of backyard pet hens?  (August 2021)
    • This type of activity is not considered by the Board to be prohibited by the referenced Restrictive Covenant.  Two chickens with pet names and no visual, aural, or nasal impact on neighbours should not be a concern to anyone.  If there are no roosters, only laying hens, and the hens will not run freely, but be restricted to their backyard coop and confined run area, there is no issue.

Roadway

  • How much are road repairs on Campbells Way estimated to cost this year and is the Reserve Fund large enough to cover this anticipated expense?  (April 2021)
    • In 2021 and 2022 road repairs to Campbells Way were relatively minor, with only $1,400 spent on the roadway over those first two years of HOA operation.
    • In 2023 there was a major road repair program at Campbells Way, with $30,210 spent to repave a deteriorating 400 ft section of the roadway and also do patching at several areas along the roadway (by Curran & Briggs).
    • This expense was paid out of the existing HOA Reserve Fund, which had grown with the collection of a total of $34,200 from lot owners over the 2021 to 2023 period for this type of capital maintenance.
    • It is anticipated that the Reserve Fund annual HOA fee will need to increase in 2024 to allow for the potential for another major road repair program.  This fee was $200 per lot in 2023 and could increase to about $600 per lot in 2024.
  • Due to the use of heavy equipment on the roadway would there be consideration for introducing a development fee for lot owners undertaking activities such as construction of a new dwelling, major renovations at an existing dwelling, or a shoreline erosion protection project?  (April 2021)
    • The Board discussed the option of a development fee.  Given that this type of fee did not exist for all of the previous lots that have already been developed and had significant activity we did not consider it fair to all lot owners to now charge future lots a special fee when they are developed.
  • I understand that Campbells Way is currently a private road owned by the HOA.  Why can’t we have the province assume ownership of the roadway?  This would eliminate the need for annual snow removal and paving maintenance expenses for the lot owners.  (August 2021)
    • The HOA Board has discussed this question on several occasions always ending with the conclusion that the extreme expense and disruption required to bring the road up to provincial standards makes this option practically impossible to achieve.
    • In order for a private road to be taken over by the provincial government, the owners of the road must have the road brought to the standard required of a provincial paved subdivision road standard.  This work must be done at the owner’s cost and then the road must be deeded to the provincial government.  A reference on this subject can be found here How do PEI private roads become public?.
    • The following summary includes the basic requirements for a private road to be considered for transfer to the PEI Provincial Government as a public road:
      • The road right-of-way (ROW) must be 20.117 metres (66 feet) wide and consist of the following:
        • A 6 metre wide asphalt surface consisting of 2 layers of asphalt totaling 100mm in thickness
        • Gravel shoulders on each side which are 2 metres wide.
        • A minimum of 150 mm thickness of gravel under the asphalt and gravel shoulders.
        • A minimum of 150 mm (preferably 300 mm) sandstone under the 150 mm thickness of gravel.
        • A drainage ditch on both sides that is approximately 1metres in depth and approximately 5 metres wide.
        • A circular cul-de-sac with a right-of-way diameter of 40 metres or other acceptable form of turnaround, will be required at the end of any dead-end roads.
      • All costs associated with bringing the private road up to these standards shall be covered by the private land owner(s) serviced by the private road.
    • Campbells Way does meet the requirement of a 66-foot right-of-way for most of its length, but it is clearly seriously deficient when it comes to gravel shoulders, drainage ditches, and cul-de-sac dimensions and likely also deficient in terms of asphalt surface requirements.

Shoreline Wall Construction

  • What role does the HOA play in Shoreline wall construction? (April 2022)
    • The developer and HOA have historically given approval to lot owners who wish to protect their property with a project that is being carried out by a provincially approved contractor. Although any shoreline wall construction would occur on HOA land, the HOA has no responsibility to financially support any shoreline wall construction. 

Solar Panels

  • There is nothing specific within Restrictive Covenants regarding the use of Solar Panels on roofs or sides of buildings, although at least one house within the HOA had solar panels installed prior to the establishment of the HOA.  Do we still have to get written approval?  (January 2023)
    • Solar panels installed on the roof are within the purview of the lot owner.  If the solar panels are ground mounted, it is considered to be a “fence.”  Lot owners are required to submit requests to construct a fence/install ground-mounted solar panels prior to receiving HOA approval.  This is to ensure that coastal views from adjacent properties are not obstructed and in the case of solar panels and other structures minimize “clutter” surrounding homes by limiting size and location if needed.  Each submission is evaluated based on the particular circumstances and view plane dynamics potentially impacted by the request.  

Speeding

  • What is the plan to deal with speeding on Campbells Way?  (April 2021)
    • With the coming of better spring weather conditions and more pedestrian activity on Campbells Way, we encourage lot owners and any contractors working at your properties to practice safe driving.
    • In October 2022, upgraded signage was installed along Campbells Way to assist in controlling the speed of drivers along the roadway (more locations were added along with incoming and outgoing signs).

Vendor Management

  • What if I have a complaint about the performance of a contractor? (May 2022)
    • There is to be no direct discussion between an HOA member and a Contractor regarding Contractor Performance. Complaints are to go through the Board.
  • What recurring contracts do we have in place?  (April 2023)
    • Bookkeeping & annual financial statements
    • Common area landscaping
    • Common area grass cutting
    • Insurance – Directors& Officers’ Insurance and Liability
    • Post office box rental
    • Snow removal
    • Water quality monitoring
    • Website maintenance
    • FYI – We do not have a property management firm so please be patient with your Board!
  • Who and what company is the bookkeeper for the HOA?  (April 2021)
    • After contacting and reviewing proposals from several bookkeepers the Board selected MRSB for bookkeeping services in 2021.
    • As outlined in the HOA By-Laws, the fiscal year of the Association runs from June 1st of each year to May 31st of the following year and a statement of the standing of the books of the HOA will be submitted at the Annual General Meeting in August with the help of MRSB.

Water Distribution System

  • Who is on the water distribution (pumphouse) system and who pays for the ongoing maintenance and what is involved? (May 2023)
    • There are 13 lots connected to the system: Lots 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 48, 49, 50.
    • As of 2021, all expenses associated with the operation and maintenance of the water distribution system are invoiced equally to the owners of the 13 lots who have access to the system (regardless of whether or not the lot has a dwelling) by means of annual HOA fees based on anticipated costs as well as actual costs incurred in the previous year.  (Note: If you are not connected to the water system (aka you have your own well water), then you will not be charged an annual water distribution fee.)
    • The Water distribution system infrastructure within the Sunset Dunes subdivision includes a well, pumphouse, and underground waterlines located at the entrance to each lot serviced by the system by a curb stop shut-off valve.  The system also includes a flushing hydrant located at the Campbells Way turnabout near the tip of Bells Point.
    • The water distribution system is nearly 20 years old and was designed to meet provincial requirements for the lots located at the tip of Bell’s Point (in lieu of individual wells per lot) in order to avoid saltwater contamination issues.
      • Beyond regular costs associated with the water quality monitoring and maintenance contract, a chlorine lance injector was purchased and installed in the fall of 2022 to replace the previous one which could not be repaired.
      • In early Jan 2023, a seal kit for the pump connected to the chlorine lance injector was purchased at a cost of $ 860 plus HST to replace the old seals which had failed.

Weed Control/Bug Spraying

  • Will the HOA coordinate individual lot owners’ services for weed control spraying or bug control spraying?  (April 2021)
    • No, spraying for weeds or bugs is not a service that the HOA Board plans to supply to individual lot owners for this year.  This activity has not been provided by the Developer in the past.
    • In prior years the Developer contracted for mosquito control related to Atlantic Bug Busters treatments of the subdivision marsh area, with this expense never being charged to lot owners.  The Board decided to forego marsh spraying and the associated $5,100 expense for this year to test what the impact would be on the development.  The situation will be monitored and assessed each year by the HOA to determine the best go-forward long-term strategy.