Living In A Deed Restricted Community
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In a Deed Restricted Community, certain rules about how each homeowner may legally use his land are written in a document called the Deed Restrictions. These rules adhere to the land, so they apply to every owner of the land. If the land is rented, this applies to the renter as well.
Deed Restrictions are put in place at the time a community is developed. Most often, the developer drafts the Deed Restrictions himself. They are then filed with the county and bind the whole community forever.
The Association, it's homeowners and how it's homeowner's use their property are all governed by four documents.
1. The Articles of Incorporation of Cumberland Manors Homeowners Association, Inc., dated May 1, 1987
2. The By-Laws of Cumberland Manors Homeowners Association, Inc., dated June 1, 1987
3. The Declaration of Deed Restrictions: Cumberland Manors, dated May 1, 1987
4. The Rules and Regulations of Cumberland Manors as they may be enacted by the Board of Directors from time to time.
Yes. To inform residents, guests, and prospective buyers, our entry sign at Heathridge and Bellamy announces that we are Deed Restricted
Every homeowner in
Cumberland Manors is a member of the Cumberland Manors Homeowners
Association ("CMHOA"). Each year, CMHOA has an Annual Meeting
of the homeowners in early January. At that meeting, the homeowners
elect a Board of Directors. This Board has only two jobs. The first is
to maintain the common properties of the Association. The second is to
enforce the Deed Restrictions. The Board consists of volunteer
homeowners who are not paid for their work.
For many years, our Board of Directors has hired a professional property management firm, Greenacre Properties, Inc., to handle the day to day property and financial management of CMHOA. Greenacre Properties assigns a Property Manager to our community. This Property Manager makes weekly inspections of all homes and deals with violations of the Deed Restrictions. If the matter cannot be settled between the homeowner and the Property Manager, the Board turns the matter over to CMHOA's attorney. In extreme cases our attorney files an injunction. When the injunction is granted, failure to comply places the Homeowner in contempt of court.
Board meetings are held the second Wednesday evening of each month. Advance notice of the time and place of the Board Meetings is always posted at the Bellamy and Heathridge entry. All homeowners are encouraged to attend the month Board meetings and the annual Homeowners meeting.
Yes. The Deed
Restrictions can be changed by amendment voted on by 95% of the
Until that is done, however, it is the responsibility of the Board to enforce the Deed Restrictions fairly and evenhandedly with all homeowners. The Board does not have the authority to selectively enforce or waive the Deed Restrictions. In fact, were the Board to do this, then the entire Association (all the homeowners) would be subject to lawsuits.
The person who sells a
home is required to give the buyer a free copy of the Deed Restrictions
at closing. If you were not given a copy, call your realtor or seller,
or you can call Greenacre Properties, Inc. at 600-1100 or
Click Here for a PDF copy.
must maintain the Common Properties and otherwise keep them in good,
clean, substantial, attractive, sanitary and serviceable condition,
order and repair for their respective intended purposes.
The Association may obtain and pay for the services of any persons to manage its affairs to the extent the Board deems advisable, as well as such other personnel as the Association determines are necessary or desirable for the proper maintenance and restoration of the Properties, whether such personnel are furnished or employed directly by the Association or by any person with whom it contracts.
The Association from time to time may adopt, amend and enforce rules and regulations governing any of the activities. Such rules and regulations must be consistent with the rights and duties established by the Legal Documents and must apply uniformly to their respective subject matter.
The Architectural Control
Committee (ARC) is a standing committee of the Board of Directors. The
committee members are volunteer homeowners and are not paid for their
work. When necessary, professionals such as architects are hired to
advise the Committee. The costs incurred are chargeable to the
homeowner. The Committee makes every effort to consult neighbors in the
immediate area of a planned change when determining if the change is
The ARC has full authority to regulate the exterior appearance of the Lots to: (i) assure harmony of external design and location in relation to surrounding buildings and topography; and (ii) to protect and conserve the value and desirability of the properties as a residential community. The power to regulate includes the power to prohibit those exterior uses, structures, conditions or activities inconsistent with the provisions of the Deed Restrictions or otherwise contrary to the best interests of all Homeowners in maintaining the value and desirability of the Properties as a residential community.
No building, improvement, structure, addition, landscaping, attachment, condition, excavation, alteration or change (including color change) may be made, installed, maintained, restored or permitted to remain on or to the exterior of any Lot, unless made, installed, maintained or restored, as the case may be, substantially in compliance with plans and specifications reviewed and approved by the Committee in advance.
The Committee's approval is not required for any item that is concealed from view by improvements, structures, fencing, vegetation or other items previously approved or installed as part of the work.
All actions by the Committee must (i) assure harmony of external design, materials and location in relation to surrounding buildings and topography within the properties; and (ii) protect and conserve the value and desirability of the Properties as a residential community; and (iii) not conflict with the express provisions of the Legal Documents; and (iv) otherwise be in the best interests of all Homeowners in maintaining the value and desirability of the Properties as a residential community.
Any applications for Committee approval must be accompanied by plans and specifications, together with such renderings, samples, models, and other information as the Committee reasonably may require.
Within 30 days after receiving an application, the Committee either must approve the application as submitted or notify the applicant of (i) the Committee's intent to deny the application, or (ii) any additional plans, specifications, drawings or other items that the Committee will require to act upon the application, or (iii) both of the foregoing. The Committee's failure to so notify the applicant is an approval of the application submitted.
The Architectural Control Committee, prior to the change being made, must approve any change in the improvements on your lot in writing. This includes painting, repainting, significant landscaping, installation of sheds, fences, etc. An Architectural Approval Form is available from Greenacre Properties 600-1100. If in doubt - - fill it out. It is much easier, and cheaper, to get prior approval of your changes than it is to stop work in progress or change your property back to the way it was before your unauthorized changes.
No trade, business or profession of any kind that is open to the general public at large may be conducted on any Lot. Garage sales and other similar, non-recurring activities may be permitted by the Association's rules and regulations. Cumberland Manors residents are limited to 2 garage sales a year. Under Florida law, you can do 2 garage sales that are tax free. The third time means you are conducting a business and you must collect, report and remit sales tax.
No carport or similar structure may be attached to any dwelling. No outbuildings, including storage sheds and barns, may be installed, maintained, restored or permitted to remain on any Lot, or attached to any dwelling or garage on any Lot, unless (i) screened from view from each public street and from any adjoining Lots; and (ii) confined to the rear yard. An Architectural Approval Form is required.
No fence, wall or other screening, including vegetative screening, may be installed, maintained, restored, or permitted to remain within the front yard on any Lot, unless it is part of the entrance to the dwelling and conforms to the dwelling in design and materials. Any other fencing, wall or other screening must be substantial, conform in design and materials to the dwelling situated on the Lot and not exceed six feet in height. No fencing of chain link or other wire materials may be installed, maintained, restored or permitted to remain on any Lot. Temporary fencing is permitted only in connection with construction activities. An Architectural Approval Form is required.
(b) No sign or other informational display may be displayed to general view from any Lot except a reasonable name and address sign and one dignified lawn sign not exceeding five square feet in surface area advertising a Lot for sale, lease or other disposition. Political signs are not allowed.
(c) Solar collectors, clotheslines, or other energy devices based on renewable resources may not be prohibited by the Deed Restrictions; but each such device must be screened from view, to the extent reasonably practical and consistent with its operation for its intended purposes. An Architectural Approval Form is required.
(d) Any mailboxes, fountains, gazebos, arbors, gates, entrance displays and other decorative structures situated in the front yard of any Lot must be substantial and conform in design and materials to the residential dwelling on such Lot. An Architectural Approval Form is required.
(b) Except for regular collection and disposal, no rubbish, trash, garbage or other waste material or accumulations may be kept, stored, maintained or permitted to remain anywhere within the Properties, except inside the improvements on each Lot, or in sanitary containers screened from view.
(c) No fence, wall, tree, hedge, shrub or other structure or vegetation may be installed, maintained, restored or permitted to remain anywhere within the properties so as to obstruct the sight lines for vehicular traffic at any intersection.
Except for passenger automobiles, motorcycles, trucks and vans of one-ton capacity
or less, no boat, trailer or vehicle may be parked, kept, stored, maintained or restored by any
Resident anywhere within the Properties, except within the improvements
(garage or fenced backyard where it is not visible to anyone). Any permitted vehicles owned or controlled
by any Resident at all times must be parked upon a lot and not within
any street right-of-way.
The above restrictions do not prevent the temporary, non-recurring parking of any vehicle, boat, or trailer or a period not exceeding 48 hours upon the driveway on any Lot, nor the routine servicing and repair of any permitted vehicle upon the exterior of any Lot that is completed within 36 consecutive hours.
Hillsborough County Code does not permit parking on a driveway so as to block public access to sidewalks.
Parking is an
issue that comes up frequently. The Dead Restrictions
allows for passenger vehicles, motorcycles and truck and van of
one-ton capacity of less, to be parked upon the improvements of the
lot. These mean vehicles must be parked in the driveway or in the
garage. They cannot be parked in the street or on the grass. County
Code prohibits parking on a driveway in such a way that the vehicle
blocks the sidewalk. Boats, motor homes, and other recreational
vehicles may be parked upon the improvements of the lot (not blocking
the sidewalk) for up to 48 hours to allow cleaning and maintenance. At
all other times they must be stored either out of sight within the
improvements on the lot, or at off-site storage.
Loose dogs and cats, and the mess they make, present another common problem. Under the Deed Restrictions, all dogs and cats must be confined within the improvements of the lots. Under Hillsborough County Code, dogs must be kept on a leash at all times when not within the confines of a lot. The county is currently examining a leash law for cats because of continuing rabies problems in West Central Florida. Under the Deed Restrictions, owners of all pets must clean up after their pets all the time and everywhere.
Landscape Maintenance is always addressed by our Property Manager. Each lot must be maintained in a neat and attractive condition, and the grass must be free of dead areas.
Maintenance of our homes is now an issue. Our community has now reached the age where repainting, roof cleaning, and fence replacement are necessary. Our Property Manager addresses this issue with each homeowner.
Trash and yard debris on the curb is now a problem. Since the timetable for county pick-up of trash has changed, many homeowners have been leaving trash and yard debris on the curb for days prior to pick up. None of us want to live in a trash heap, so the Deed Restrictions permit placement of trash on the curb at 5:00 P.M. the night before pick-up. All brush, trashcans, and bags must be either in the garage or behind the house until it is time to put in on the curb.
Past due payment of assessments has been a chronic problem. In the past, about two dozen homeowners were past due in making their assessment payments to the Association. This problem has been reduced to only a few homeowners, because of the diligence of the Board of Directors and the Association's Property Manager and Attorney. The Property Manager and the Association's attorney handle collection of all delinquent accounts.