CHPOA engages in a number of strategic initiatives on behalf of its members and all the property owners in Cape Haze.  This page contains descriptions of currently active projects and periodic update of project status as posted from time to time.  Check back here to stay abreast of changes in the community and the latest on our strategic initiatives.

Deed Restriction Revitalization                                                                                                                                       

When Cape Haze was established in 1953 a set of Deed Restrictions were established and imposed by the developer on all properties in Cape Haze.  In 1983, the Cape Haze Property Owners Association (CHPOA) was granted the right to administer a subset of these restrictions by the developer.  You can view our historical deed restrictions by clicking here. 

All of the residential properties in Cape Haze originally held by the developer have been sold and consequently the original developer has ceased to be a factor in Cape Haze.  Outside of county government, CHPOA remains the only body with any influence on issues within Cape Haze.

The original restrictions, which defined certain factors that would have maximum impact on maintaining property values, had a fifty-year life and expired in 2003.  At that time and with the advice of an attorney, the original restrictions were re-filed under Florida’s Marketable Record Title Act (MRTA) by CHPOA.  It was our belief, and our attorney’s opinion at the time, that such action renewed the restrictions and that they remain valid and in effect for another 30 years.

CHPOA membership is voluntary and is not required as a condition of property ownership.  Consequently, there is some debate that perhaps CHPOA’s  re-filing of the restrictions did not comply with all the requirements of the MRTA law, as it would have done if CHPOA were a homeowners’ association with mandatory membership.  Up until now, the only way to settle this question would have been to pursue the matter in a court case, seeking a definitive judgment one way or the other.  That course of action would have involved large expense and potential animosity among neighbors, a route that no one wished to pursue.  Instead, we have encouraged voluntary compliance with the historical restrictions, an approach that has met with mixed results.

However, Florida law has recently changed to the benefit of voluntary property owners’  organizations such as CHPOA.  A new process for “restriction revitalization” has been defined under the law, a process that does not require the existence of a homeowner’s association with mandatory membership.  Instead, it requires only that a simple majority of property owners indicate its support for a set of deed restrictions and that such support be filed with the Florida Department of Community Affairs and, in our case, Charlotte County. 

So we now have the opportunity to determine, without ambiguity, whether or not the community at large still desires deed restrictions.  A booklet has been provided to all property owners to ask that question.  As required by Florida law, the booklet spells out the revitalized restrictions, the list of properties subject to them, and the governing documents for CHPOA, as the organization that would oversee compliance.  It also contains a ballot whereby owners can indicate their approval for revitalization.  You may download a copy of the ballot by clicking here.

In pursuit of this new option, a task force of volunteers (The Deed Restriction Renewal Organizing Committee) has reviewed the original deed restrictions and distilled them down to the most important and meaningful covenants.   This simplification is completely compatible with the appropriate Florida law.  You will find the list of restrictions to be shorter and more lenient than our historical covenants.  

In all likelihood, this is the last time this question will be raised.  The majority of property owners will speak at this time, one way or the other, on the future of deed restrictions in Cape Haze.  Local realtors have confirmed that lack of compliance with deed restrictions has indeed hurt property values in Cape Haze and in some cases has turned away potential buyers.  In a tough real estate market, destined to remain so for many years, our lax approach to deed restrictions is putting us at a competitive disadvantage with other neighborhoods.  If this trend is of concern to you, we urge you to support our effort by returning your signed approval form. 

You may review the proposed revitalized restrictions by clicking here.

To see answers to common questions about this process, click here.