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
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
These eight restrictions are listed below and will be enforced
by CHPOA's Board of Directors. You may view answers to
common questions about the restrictions and the enforcement
process by clicking
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
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.
wall or fence over six feet tall shall be erected on any lot.
animals other than commonly accepted domestic pets shall be
kept on any lot.
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.
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.
“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.
restrictions may be amended only by a vote of not less than
two-thirds (2/3) of the affected property owners.
Historic Cape Haze
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
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.
The online list of historic restrictions
is published as an Adobe PDF document and
requires Adobe Reader software to open.
Adobe Reader is distributed freely and can be
downloaded by clicking on the "Get Adobe Reader"