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Cape Haze Property Owners Association

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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 apply equally to all properties in Cape Haze.

Q:   What is the process for enforcement?

A:   Our attorney has outlined the process listed below as the procedure to be followed:

1.     Reported violations will be documented with photographic evidence and a letter indicating the violation and requesting compliance will be sent to the property owner.

2.  Should the violation not be corrected within the specified time frame, a second notice including the original request will be sent to the property owner.

3.  If the violation persists beyond the second notice, our attorney will deliver a notice of "Pursuit of Mediation".  At this point, the legal system is involved and all communication between the property owner and CHPOA can be conducted only through CHPOA's attorney.  The property owner has 20 days to respond to the "Pursuit of Mediation" in writing and, if necessary, a mediation hearing will be scheduled within 90 days of the date of the notice.

4.  Our attorney will represent CHPOA at the mediation hearing and the property owner may choose to employ legal representation as well.  After hearing from all parties and negotiating as appropriate, the mediator will issue a final ruling, and if the ruling finds that the property owner remains in violation of the Deed Restrictions, a legal order to correct the violation will be issued.  Costs for mediation will be split between the parties.

5.  If, after a mediation ruling directing compliance, the property owner persists in the violation, CHPOA will file suit to compel compliance.  The property owner will be named as a defendant in the resultant law suit.

    

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

 

 
  

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Copyright 2015-2016 Cape Haze Property Owners Association, Inc.
Please send all comments and suggestions to websupport@capehaze.org

 
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