Answers to Common Questions About Our Revitalized Restrictions

Q:   Have any new deed restrictions or covenants been added?

A:   No, only the original deed restrictions have been used. However, a number of specific covenants have been deleted, including those that are no longer relevant and those that were not conveyed by the Cape Haze Corporation to CHPOA.

Q:   I am not a member of CHPOA.  Do the deed restrictions apply to me?

A:   Yes.

Q:   I did not vote for approval.  Do the deed restrictions apply to me?

A:   Yes.  Consistent with Florida law, the deed restrictions will apply equally to all properties in Cape Haze if approved.

Q:   What is the process for enforcement?

A:   A notice will be sent to a violator asking that the violation be cleared by a specific date. If nothing is done, a follow up notice will be   sent within 7-15 days. If there is still non-compliance by 30-45 days the violator will be contacted by a CHPOA retained attorney for mediation and possible legal action. 

Q:   What is the penalty for failure to comply?

A:   In the event legal action is undertaken, CHPOA will seek a court order requiring the violator to comply. If such an order is issued it can be enforced by the County Sheriff.  It is CHPOA’s sincere desire, however, that things never be carried this far.  Instead, suspecting that most if not all of us wish to be considerate of our neighbors and that all of us cherish the unique qualities of Cape Haze, we hope that if it should be demonstrated that a majority of owners support restrictions, then all of us will comply.

Q:   Could failure to comply with these deed restrictions cause violators to lose their homes?

A:   No, as a voluntary organization, CHPOA does not have the power to place a lien on anyone’s property.  Assuming a majority is  obtained, however, CHPOA would have the right to pursue all the remedies outlined above, as per Florida law