Cape Carancahua Property Owners’ Association, Inc.
2903 West Bayshore Drive
Palacios, TX 77465-1469
CONSTRUCTION PERMIT POLICY
Any and all new construction, as well as exterior modifications to existing structures, fences,
driveways, culverts, etc., must be permitted by the Architectural Control Committee. A culvert
must be in place before any construction is begun. No permit will be issued to any property owner
in violation of Cape Carancahua policies or deed restrictions.
Applicable fees and properly executed application forms must be received in the CCPOA office 72
hours before the Architectural Control Committee meeting at which it will be considered. A permit
fee will apply to any construction requiring vehicles or equipment that weighs in excess of 36 tons
inside the Cape regardless of whether or not the construction permit requires a fee. A non-
compliance fee may be charged if construction is begun or material is delivered without a permit
having been issued and placed conspicuously on the property.
BUILDING PERMIT FEES
Administrative Filing Fee $ 10.00
*New Home Construction $750.00
*New Manufactured Home $750.00
Addition to existing home $310.00
Addition to existing home $100.00
(no footprint increase)
Roof Replacement $100.00
Bulkhead Replacement/Repair $310.00
Pier Replacement/Repair $185.00
Carport $ 50.00
Concrete Slab $ 50.00
Culvert $ 50.00
Deck $ 50.00
Driveway $ 50.00
In-ground Pool $310.00
Septic System $125.00
Storage Building $ 50.00
Extension of Existing Permit $ 50.00
*Permit fee includes: septic system, garage, carport, culvert, and deck if plans for such items are
included with original application and shown on attached plat drawing.
PROCEDURE TO ACQUIRE A CONSTRUCTION PERMIT
No permit will be issued to any property owner in violation of Cape Carancahua policies or deed
Any and all new construction, as well as exterior modifications to existing structures, fences,
driveways, culverts, etc., must be permitted by the Architectural Control Committee.
A permit application for the desired construction must be submitted to the Cape Carancahua POA
office 72 hours in advance of a meeting by the Architectural Control Committee. The permit
application must include the property’s 911 address, the property owner’s name and mailing
address, the lot(s) number. It must be accompanied by the required fee and a detailed drawing
with dimensions showing the property lines and easements, specifications and details about
proposed construction, and any and all fences, structures, driveways, culverts, septic systems,
water meter, electric pole, etc.
This must be done prior to filing for a permit in the office. If sufficient information is not included,
the application will not be considered by the Architectural Control Committee. This may cause
delays in starting the construction. A culvert must be in place before any construction is begun.
If ANY construction is begun without a permit having been issued and placed conspicuously on the
property, non-compliance fees may be assessed and the matter may be turned over to the Cape’s
attorney for legal remedy. The property owner will be charged attorney fees, court costs, and any
other applicable fees.
A permit fee will apply to any construction requiring vehicles or equipment that weigh in excess of
36 tons inside the Cape.
DRAINAGE DITCH USE POLICY
In order to maintain the integrity of the Cape Carancahua’s drainage system, vehicles and
equipment (other than lawn mowers) may not be parked in or driven across drainage ditches. Non-
compliance fees may be assessed to property owners who violate this policy. Such fees will be
determined by the Board of Directors for each incident. Property owners are responsible for
violations by their guests.
EMERGENCY CALL-OUT POLICY
After-hours emergency calls to Cape personnel may result in the employee’s call-out time being
charged to the account of the property owner responsible for the need of service. While the
CCPOA is most interested in helping our members in distress, CCPOA personnel are paid a premium
for after-hours calls.
Emergency calls to address CCPOA equipment malfunction or problems will not incur charges.
FEES AND CHARGES
Revised January 1, 2018
Property owners’ annual assessment fees are due by March 15th of each year. Permit fees are due
the time the application is submitted. All other fees and charges are due within 30 days of the
they are assessed. Accounts will be considered delinquent if not paid in full within that 30-day
A late fee will be added to delinquent accounts each month. A one percent (1%) finance charge
will be added to delinquent accounts each month. Gate access devices assigned to the holders of
delinquent accounts may be deactivated. Delinquent accounts may be assigned to the Cape’s
attorney or collection agency.
Schedule of Fees
Administrative Filing Fee for All Permits $ 10
After-hours Employee Call-out
Annual Maintenance Fee $135 per lot
Building Permit $ 10 to $750 depending on construction
Certified Document Fee $ 40
Community Center Rental $250 plus $500 refundable cleaning deposit
Copy Service $ 0.10 per page
Extended RV Permit, 60-day $ 10
Facsimile Service $ 1 per page
Finance Charge on accounts 30 days past due 12% per annum
Gate Access, Reactivation of Denied Access $ 15
Gate Card, new or additional $ 25
Gate Card, replacement $ 15
Gate Electronic Transmitter $ 60 + tax
Gate Transmitter Replacement Battery $ 8 + tax
Late Fee on accounts 30 days past due $ 20 per month
Library Meeting Room Rental $ 50 plus $50 refundable cleaning deposit
Lien Fee Amount of Attorney’s fee
Lot Clean-up (brush/weed clearing) $ 70 minimum
Map of Cape Carancahua, 24”x36” $ 8 + TAX
Mowing Charge, Vacant Lot $ 45+ tax
Mowing Charge, Vacant Lot, Annual, paid in advance $275 + tax
Mowing Charge, residential $ 70 or actual costs, first lot; $45 additional +
Non-Compliance Fee $ 45/incident or/day or actual costs
Pavilion Rental $ 50 refundable cleaning deposit
Pool Pass $ 75 per year
Property Transfer Fee $ 50 per transaction
Returned Check Fee $ 25
Unlicensed Vehicle Permit $ 10
OPEN FIRE POLICY
Open fires are prohibited in Cape Carancahua with the exception of those contained in personal
cooking equipment or inside closed or screened outdoor burning receptacles. A violation of this
policy may incur non-compliance fees. Such fees will be determined by the Board of Directors for
each incident. Property owners are responsible for violations by their guests.
GATE ACCESS POLICY - FRONT GATE
Property owners who do not have a residence in Cape Carancahua are allowed two (2) gate access
devices with no annual fee. No additional gate access devices are allowed.
Property owners who have a residential dwelling in Cape Carancahua are allowed two (2) gate
access devices with no annual fee and may obtain up to six (6) additional access devices for a
total of eight (8). An annual fee will be charged for each device over two.
Gate access may be denied when a property owner’s account is delinquent. A fee may be charged
to reactivate devices that have been disabled for delinquent account.
GATE POLICY - CONSTRUCTION GATE
Property owners are responsible for providing this information to contractors, sub-contractors,
and delivery drivers. Property owners are responsible for violations by contractors, sub-
contractors, and delivery drivers. Violations will be subject to non-compliance fees.
No vehicle weighing in excess of 5 tons (10,000 pounds) will be admitted through the main
entrance gate to Cape Carancahua. All such vehicles must use the east (construction) gate and
use truck routes whenever possible or, if deviation from the truck route is necessary, such vehicles
must use gravel roads whenever possible.
Access into and out of Cape Carancahua via the east gate is by use of a keypad with a number
code that is changed periodically. The code will be available from the office. The gate closes
automatically after a vehicle passes through.
GATE POLICY - NON-RESIDENT ENTRY
Gate cards may be issued to non-resident contractors and persons doing business inside Cape
Carancahua after approval by the Board of Directors. Applications for such cards must be signed
by an authorized person and must be accompanied by the appropriate fee.
GATE POLICY - GATE DAMAGE
Cape Carancahua Property Owners’ Association, Inc., will reimburse a reasonable amount for
damage done by gate malfunction with the following stipulations:
1. Damage must be reported to the office within one hour of the incident. Cape personnel will
photographically record the damage or make a visual inspection.
2. If damage occurs while the office is closed, it must be reported the next working day.
3. A written description of the incident must be submitted to the office within 48 hours. This
must be signed and dated.
4. Two bids for repair must be submitted to the office within 14 days of the incident.
LIABILITY WAIVER POLICY
All persons who volunteer services (currently or in future) to Cape Carancahua Property Owners’
Association, Inc., are required to sign a “Volunteer’s Accident Waiver and Release of Liability Form”.
LOT GROUPING POLICY
For purposes of property usage and compliance with the Deed Restrictions, Conditions, and
Covenants, CCPOA considers that multiple adjoining lots may be grouped as one "property", so long
all of the concerned lots to be grouped abut each other and are only separated by interior
utility/building easements or drainage easements, and
all of the lots share exact common ownership.
Lots are not considered to be adjoining and may not be grouped as a single "property" if:
they are not physically abutting or are separated by a road, public use property owned by
CCPOA or CCWSC or a Cape boundary fence; or
they do not share exact common ownership between all of the lots to be grouped.
Lots which are grouped into one "property" continue to be regarded as individual lots for all other
purposes, including all fees, assessments, and voting. Grouping into a "property" does not
constitute legal re-platting of the lots.
Individual lots within a grouped "property" continue to be subject to all rules and requirements of
the CCPOA, except that the interior building easements may be ignored, with the consent of the
Architectural Control Committee and CCPOA Board of Directors.
Motorized Vehicle Policy
Adopted December 9, 2015
(This policy replaces the Unlicensed Vehicle Policy revised 1/1/12)
Approved Unlicensed Vehicles
No person shall operate an unlicensed motor vehicle on Cape Carancahua roadways
without a valid driver license. A motor vehicle is defined as any vehicle whose primary
power source is a motor of any type (electric, gasoline, or diesel) and whose top speed
exceeds 5 miles per hour, and is meant to be operated as a means of transport and not
as a toy.
All unlicensed motor vehicles, which include, but are not limited to golf carts, all-terrain
vehicles, utility vehicles, etc., must have a Cape Carancahua identification decal
displayed in a visible location on the front and rear of the vehicle.
All unlicensed motor vehicles operated during the period from one-half hour after sunset
to one-half hour before sunrise and at any time when visibility is reduced because of
insufficient light or atmospheric conditions must display lighted head lights and tail
The use of unlicensed motor vehicles in the Cape Carancahua Subdivision must comply
with Texas Transportation Code §663.032, in that if a person younger than 14 years of
age is operating the vehicle the person must be accompanied by and be under the direct
supervision of the person’s parent or guardian or an adult who is authorized by the
person’s parent or guardian.
A person may not operate an unlicensed motor vehicle within the Cape Carancahua
Subdivision in a careless or reckless manner that endangers, injures or damages any
person or property.
A Person may not carry a passenger on an unlicensed motor vehicle operated in the
Cape Carancahua Subdivision unless the unlicensed motor vehicle is designed by the
manufacturer to transport a passenger.
II. Unapproved Unlicensed Vehicle
Go-carts, dirt bikes, and mini-bikes are not allowed on Cape Carancahua roadways or
public spaces except for officially-sponsored parade events.
III. Licensed Vehicles
All automobiles and pickups driven on Cape Carancahua roadways must be properly
registered, licensed, insured, and operated by a licensed driver.
In accordance with CCPOA Restrictions, Conditions, and Covenants, all grass and weeds will be cut
to maintain a sanitary, healthful, and attractive environment. This maintenance will be carried out
by CCPOA employees or agents as necessary. Property owners will be billed for this service.
Property owners who maintain their property will not be billed. Property owners will be offered the
opportunity to pay for 12 month’s mowing and maintenance service in advance at a discounted
Sections 1 and 5 will be mowed and maintained during the first full week of each month as
necessary. Section 2 will be mowed and maintained during the second full week of each month as
Section 3 will be mowed and maintained during the third full week of each month as necessary.
Section 4 will be mowed and maintained during the fourth full week of each month as necessary.
Mowing Policy, Right-of-Way
Property owners are required to mow and otherwise maintain their lot(s) to community wide
standards developed by CCPOA. 'Lot', for maintenance purposes, is defined as land within the
property lines and all areas public right-of- way adjacent to and extending beyond the property
lines of said lot(s):
to the edge of the pavement or gravel surface of adjacent roads, streets, or parking area,
to the center of adjacent drainage rights-of-way.
Property owners who are unable to maintain the rights-of-way due to steepness of the area or to
physical inability may apply to the CCPOA for assistance. Failure to properly maintain a lot or lots
will result in non-compliance fees being assessed against the owners of said lot(s).
NON-COMPLIANCE FEE POLICY
Confirmed and documented incidents of any violation of Cape Carancahua rules, policies, bylaws, or
Restrictions, Conditions, and Covenants may result in non-compliance fees being charged to the
offending property owners’ account.
1. Property owners must maintain control of their animals at all times.
2. Pets not confined to their owners’ property must be on a leash.
3. No animals are permitted inside swimming pool fences.
4. Property owners are responsible for damage caused by their pets.
5. Property owners are responsible for disturbances caused by their pets.
6. Property owners are responsible for pets belonging to their guests.
POOL POLICY - Private Residential Pools
Above-ground private swimming pools and spas are limited to 500 gallon capacity.
POOL POLICY - CCPOA Swimming Pools
Property owners may purchase one or two access devices to Cape Carancahua swimming pools for
an annual fee. Property owners are responsible for the actions of their guests. Pool access may
be denied by the CCPOA Board of Directors and non-compliance fees may be assessed for violation
of pool rules.
Cape Carancahua Pool Rules
NO LIFEGUARD ON DUTY - NO DIVING - CCPOA IS NOT LIABLE FOR ACCIDENTS
No more than 6 persons admitted per card
Children under 12 must be accompanied by an adult
All non-swimmers must wear flotation devices
No glass containers. No food
No pets inside pool enclosure
No running; no diving or jumping from pool furniture
No public drunkenness, lewdness, or abusive language
Cut-offs must be hemmed
Disabling the locking mechanism on a pool gate will result in non-compliance fees
being assessed and/or suspension of pool privileges.
Members are responsible for their guests and will be charged for damage and/or pool cleaning
resulting from violations. Violation of Pool Rules can result in immediate removal from the pool, loss
of future pool privileges, and non-compliance fees.
POSTAL SERVICE RECEPTACLE POLICY
September 21, 2012
Cape Carancahua property owners can receive U. S. Mail by applying to the U. S. Postal Service
Postmaster at Palacios, Texas. The Post Master will assign a locked postal service box at the mail
kiosk provided by Cape Carancahua Property Owners’ Association, Inc. Residential postal delivery
receptacles are not allowed in Cape Carancahua.
1. No dwelling in Cape Carancahua may be rented or leased to more than one family.
2. No dwelling may be rented or leased for a period of less than four (4) consecutive months.
3. All tenants must register with the CCPOA office within ten days of the effective date of the
rental agreement. It is the property owner’s responsibility to ensure that tenants register.
5. All tenants must agree to abide by CCPOA Bylaws; Policies; and Restrictions, Conditions &
6. Property owners are responsible for the actions of their renters and lessees. Property owners
are responsible for informing tenants about CCPOA restrictions and policies. Any non-
incurred for violations will be charged to the property owner’s account.
RECREATIONAL VEHICLE POLICY
Property owners who have a residence in Cape Carancahua are not subject to this policy and may
store their personally-owned recreational vehicles on the lot on which their residence is located or
on an adjoining lot owned by them.
1. No recreational vehicle may be moved onto any lot that does not have a culvert for vehicular
and a hardscape pad for parking.
2. A recreational vehicle may be brought inside Cape Carancahua for a period of no more than
(14) consecutive days out of any thirty-day period unless an extended permit has been
the property owner.
3. Each recreational vehicle must be removed from Cape Carancahua for a period of at least
consecutive days before it can be brought back inside. No other recreational vehicle may be
the property owners’ lot(s) during that sixteen (16) day period.
SPECIAL ASSESSMENT POLICY
Effective May 6, 2012
In addition to regular assessments, the following items will be subject to special assessments in
appropriate amounts determined by the Board of Directors:
Damage to Association property or equipment
Facility Use - including, but not limited to office space, Community Center, Meeting Room (Library), and
Mowing -as required by Article 1.09 of the Restrictions, Conditions and Covenants of Cape Carancahua
Non-Compliance - violation of bylaws, restrictions, conditions, covenants, policies, rules, guidelines, &
Office Services - including, but not limited to, document and records reproduction, research time,
certified document production, finance charge on past due account, late fee on past due account,
facsimile transmission, filing fees, Notary Public services, property transfer, and returned check
Permit, Building - including, but not limited to the following: Addition to House, Bulkhead, Carport,
Concrete Slab, Culvert, Deck, Driveway, Garage, Mobile Home, New Home, Pier, Pool, Septic System,
Permit, Unlicensed Vehicle
Permit, Recreational Vehicle Extended Stay
Property Clean-up - as required by Article 1.09 of the Restrictions, Conditions and Covenants of Cape
Subdivision Gate Access - card or electronic transmitter
Swimming Pool Access
Other Special Assessments promulgated and approved by the Cape Carancahua Property Owners’
Association Board of Directors.
STORM SHUTTER POLICY
Storm shutters and protective window coverings may be installed for a period of no more than
fourteen (14) consecutive days unless the material used is fitted to the opening and painted
attractively to match or compliment the exterior of the dwelling to maintain the harmony and
aesthetics of the Cape. Exceptions to this policy may be granted in the event of a natural
TRANSFER OF PROPERTY POLICY
Effective July 9, 2004 by action of Cape Carancahua BOD
Amended October 12, 2007 by action of Cape Carancahua BOD
Amended December 1, 2011 by action of Cape Carancahua BOD
Amended February 12, 2017 by action of Cape Carancahua BOD
The purchaser of any property in Sections 1, 2, 3, 4, or 5 and the Business Park in Cape
Carancahua is responsible for paying a transfer fee of $50.00 to the Cape Carancahua Property
Owners Association. A “property” is defined as one or more lots recorded on a single deed.
The purchaser of any property in Sections 1, 2, 3, 4, or 5 and the Business Park in Cape
Carancahua is responsible for providing a copy of the recorded deed to the Association office.
The seller of any property in Sections 1, 2, 3, 4, or 5 and the Business Park in Cape Carancahua will
provide written notice to the purchaser that reads substantially similar to the following:
“NOTICE OF MEMBERSHIP IN CAPE CARANCAHUA PROPERTY OWNERS’ ASSOCIATION, INC. CONCERNING THE
PROPERTY AT…. As a purchaser of property in Cape Carancahua Subdivision, Jackson County, Texas, you are
obligated to be a member of the Cape Carancahua Property Owners’ Association, Inc. Restrictive covenants
governing the use and occupancy of the property and all dedicatory instruments governing the establishment,
maintenance, or operation of Cape Carancahua Property Owners Association, Inc., have been recorded in the Real
Property Records of Jackson County. Copies of the restrictive covenants and dedicatory instruments may be
obtained from the County Clerk.
You are obligated to pay assessments to the Cape Carancahua Property Owners’ Association. The amount of
the assessments is subject to change. Your failure to pay the assessments could result in enforcement of the
Associations’ lien on and the foreclosure of your property.”