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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.
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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.
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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.
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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.
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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.
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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.
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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.
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(a) General:
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) Signs:
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) Energy
Devices: 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) Other:
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.
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(a) Animals:
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) Waste:
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) Intersections:
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.
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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.
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