Lets Actually Look At the Whistler Phase 2 Covenant

BAW4.2We reference the Whistler Phase 2 covenant a lot on this website and how the manager of the Nita Lake Lodge relies on it to justify his activities.

That in itself seems odd. It’s Whistler’s rule…..not the manager’s. And Whistler seems to go to a lot of trouble to attach this covenant to almost 5000 units in Whistler.  Wonderful properties like the Pan Pacific, the Westin and the Four Seasons all have been built and operated under this model (see list here). Why is Whistler’s government afraid to take a stand on what its own rules mean?

Maybe it’s because they fear that other problems around Phase 2 covenants might surface, and then they would be asked to deal this those. That’s understandable on one level (who wants a parade of problems to walk into their office?), but on another it’s quite disappointing.

Isn’t it better for a government that writes up fundamental long term rules to work through issues with those rules rather than simply hiding and hoping the issues will go away?

What does the RMOW think they are accomplishing for Whistler, its guests, and investors by letting these situations fester and spin out of control?

These problems are not only going to go away, they are going to get worse until they are dealt with.

Attached is an actual copy of the Whistler City Covenant. This is the document that the manager of the Nita Lake Lodge uses to defend his behavior (note: this includes using our rooms for over a year, paying us nothing for that use, and now locking us out of our own property).

As you can see in Section 6, it has language in it that clearly allows the RMOW the flexibility and latitude to act in cases such as this. If you are so inclined, take a look and note the highlighted areas.

As long as they the RMOW attaches a restrictive covenant to Phase 2 property in Whistler and won’t administer its own rules, be very careful in buying Phase 2 property. It is simply too risky of an investment.

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