Living In A Deed Restricted Community
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1. What is a Deed Restricted Community?
2. Is Cumberland Manors a Deed Restricted Community?
3. How are Deed Restrictions enforced?
4. Can the Deed Restrictions be changed?
5. Where can I get a copy of the Deed Restrictions?
6. What are the responsibilities of the Association?
7. What are the architectural control provisions in our Deed Restrictions?
8. Can I have a business in my home or hold a garage sale?
9. Can I have another structure on my lot?
10. What type of fencing is allowed?
12. What rules apply to animals, trash, and intersections?
13. Where can I park my vehicles or my boat?
14. What are the most common violations of our Deed Restrictions?
1. What is a Deed Restricted Community?
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.
2. Is Cumberland Manors a Deed Restricted Community?
Yes. To inform residents, guests, and prospective buyers, our entry sign at Heathridge and Bellamy announces that we are Deed Restricted
3. How are Deed Restrictions enforced?
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.
4. Can the Deed Restrictions be changed?
Yes. The Deed
Restrictions can be changed by amendment voted on by 95% of the
homeowners.
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.
5. Where can I get a copy of the Deed Restrictions?
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 961-2203 or
Click Here for a PDF copy.
6. What are the responsibilities of the Association?
The Association
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.
7. What are the architectural control provisions in our Deed Restrictions?
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
acceptable.
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 961-2203.
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.
8. Can I have a business in my home or hold a garage sale?
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.
9. Can I have another structure on my lot?
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.
10. What type of fencing is allowed?
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.
(a)
Any garbage or trash containers or receptacles, oil tanks, bottle gas
tanks, soft water tanks, hot water tanks, swimming pools and other
appurtenances and attachments must be (i) concealed below ground; or
(ii) confined to the interior of any building on any Lot; or (iii)
situated within the side or rear yard areas and screened from view.
(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.
12. What rules apply to animals, trash, and intersections?
(a)
No animals, livestock or poultry may be raised, bred, kept, maintained,
kenneled, quartered or permitted to remain anywhere within the
Properties, except a reasonable number of dogs, cats and other customary
household pets that are kept within the buildings or an enclosed area on
any Lot and screened from view. No dogs, cats or other pets may
run loose within the properties.
(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.
13. Where can I park my vehicles or my boat?
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.
14. What are the most common violations of our Deed Restrictions?
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.
Designed & Maintained By
