Answers to Common Questions About Our Revitalized Restrictions
Have any new deed restrictions or covenants been added?
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.
I am not a member of CHPOA. Do the deed restrictions apply to me?
I did not vote for approval. Do the deed restrictions apply to
Consistent with Florida law, the deed restrictions apply
equally to all properties in Cape Haze.
What is the process for enforcement?
A: Our attorney has outlined the process listed below as
the procedure to be followed:
violations will be documented with photographic evidence and a
letter indicating the violation and requesting compliance will be
sent to the property owner.
the violation not be corrected within the specified time frame, a
second notice including the original request will be sent to the
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.
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
What is the penalty for failure to comply?
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.
Could failure to comply with these deed restrictions cause violators
to lose their homes?
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