Cape Haze
Deed RestrictionsMore
than fifty years ago, the Vanderbilt brothers founded Cape Haze as a
special community along Florida's gulf coast. To protect the
character of the community, the founders
set up a series of 17 deed
restrictions which would expire in 50 years (2003). In 1955, 4
more restrictions were added and, in 1956, another 8 were added for
a total of 29 deed restrictions. In 2003, when the original deed restrictions expired, CHPOA
sought the advice of legal counsel. Upon their advice, the
restrictions were extended for an additional 30 years through
Florida's Market Record Title Act (MRTA).
In 1983, the Cape Haze
Corporation (CHC), the organization that superseded the Vanderbilt
family, transferred the right to enforce certain of these
restrictions to CHPOA. In the online listing below, those
restrictions that are enforceable by CHPOA are identified with a red
"CHPOA"
in the margin next to each restriction.
The restrictions, when adhered to, offer unique
opportunity for cohesion among all of us as neighbors. By
treating these restrictions as minimum standards for the condition
and treatment of our property within the neighborhood, we honor
ourselves and show respect to our neighbors
by allowing them the maximum benefit of owning property in this
beautiful community with such a rich history.
In an effort to utilize our limited resources
effectively over the years past, CHPOA has relied on various
measures ranging from letters, discreet discussions with owners, and
public reminders in our newsletters to enforce the deed
restrictions. Unfortunately, the efficacy of these more gentle
measures has waned as adherence to the restrictions has slipped
CHPOA will therefore be stepping up enforcement
measures in 2010 with an initial focus on the most egregious
violations, these being the parking of boats, trailers, and campers
on properties, and the non-maintenance of property. Applicable
law requires that, prior to any suit being filed by CHPOA, we first
invite owners in violation of the restrictions to mediation for
resolution.
While it is our most sincere wish that matters do
not escalate to a state that will require the employment of such
costly resolutions for all of us, the matter of non-compliance has
reached a point where we feel compelled to
act. The process henceforth will be first a notice of
violation with a suggested remedy and a request for a response.
If ignored, or if there is a disagreement with a suggested remedy,
CHPOA will take additional action.
