Deed Restriction Enforcement
It has always been the goal of CHPOA, by way of Deed Restriction enforcement, to keep Cape Haze a beautiful and appealing community with increasing property values. In 2012 a reduced list of reinstated restrictions were voted in by a majority of the property owners here in Cape Haze. The documents recorded 21st July, 1983 give CHPOA the right to enforce all deed restrictions in perpetuity. The 2018 Florida Statutes, Chapter 720.305 endow CHPOA with remedies at law or in equity to mandate compliance. The following remedies are listed:
- Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member. The prevailing party in any such litigation is entitled to recover reasonable attorney fees and costs.
- The association may levy reasonable fines. A fine may not exceed $100 per violation. A fine may be levied by the board for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents.
- An association may suspend, for a reasonable period of time, the rights to common areas and facilities.
- A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ notice to the parcel owner and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association…(see Statutes for additional details of all).
Florida Statute 720.311 describes further action for dispute resolution by means of arbitration, pre-suit mediation, actions of the court, and entitlement to recovery of reasonable attorney fees and costs by the prevailing party.
Please be aware that beginning immediately, CHPOA intends to enforce all Deed Restrictions to the full extent allowable by the laws of the State of Florida. We encourage all property owners here in Cape Haze to familiarize themselves with these Deed Restrictions and with The 2018 Florida Statutes, Chapter 720, which may be viewed in full online.
Thank you for supporting this effort and for doing your best to maintain the beauty and desirability of Cape Haze. We hope that this notification will encourage change so that matters do not reach a point to where we are forced to impose fines or initiate costly legal actions to gain permanent compliance. Our goal is to take action against only those in community who willfully and knowingly refuse to comply with these restrictions. We are truly grateful to the many, many property owners who proudly uphold the rules and show due respect for their neighbors.
Cape Haze Property Owners Association, Inc.
Board of Directors
Current Revitalized Deed Restrictions – Effective April 2012
A change to Florida defined a new process for “restriction revitalization” has been defined under the law, one 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.
During 2011 and 2012, all owners of property in Cape Haze west of state road 775 were polled to determine the level of support for re-instituting deed restrictions in our community. By the necessary majority, the owners voted to adopt the proposed restrictions. The approval of the Florida Department of Community Affairs was then gained on March 30, 2012, and these revitalized restrictions were filed with Charlotte County. They are now in effect and govern all properties in Cape Haze west of state road 775, regardless of how any individual property owner might have voted on the issue.
Restrictions
- The property shall be occupied and used for residential purposes only. No building shall be erected or maintained on said premises except one to be used as a single family, private dwelling house together with appropriate structures such as servant quarters, garage and other out buildings as may be required for the private use of the owners or occupants of said premises. Not more than one such dwelling house with appurtenant buildings shall be erected or maintained on said premises.
- No boathouse (with walls and a roof) shall be constructed extending into or over the coves, bays or basins in Cape Haze. A covered lift is not considered a boathouse.
- No wall or fence over six feet tall shall be erected on any lot.
- No animals other than commonly accepted domestic pets shall be kept on any lot.
- Nothing shall be done and no condition shall be allowed to continue which may become a nuisance. All lots shall be kept free of brush, trash or other materials that may constitute a fire hazard or become a breeding ground for rats, snakes or other vermin. Thirty days after notice CHPOA reserves the right of entry on vacant lots for the purpose of clearing away any such accumulation and assessing the cost thereof to the owner.
- No tents, house trailers, campers (motor homes and recreational vehicles, for example), or boat trailers may be occupied or parked or placed on the premises of Cape Haze subdivision for an extended period of time (generally greater than 7 days), unless stored in a garage or otherwise completely screened from view. Boats may be moored or stored on boat lifts at waterfront property.
- No “For Rent” signs may be displayed on any lot. “For Sale” signs may be displayed only if they are no larger than customary and standard realtor signs for residential property.
- These restrictions may be amended only by a vote of not less than two-thirds (2/3) of the affected property owners.
Historic Cape Haze Deed Restrictions
More 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 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.
These original deed restrictions expired in 2003 and have been superseded by the eight restrictions approved by a majority of the property owners in Cape Haze and filed with the county in 2012. All twenty-nine of the original historic restrictions are listed here strictly for reference purposes – they no longer apply to our community.