Community Announcements

Lawsuit to enforce its Declaration of Restrictions against residents brought to a successful conclusion
Posted on March 5, 2024 7:30 PM by Admin
Cumberland HOA - Newsletter - Deed Restriction Violations
 
Cumberland HOA - Newsletter - Deed Restriction Violations
 
Cumberland HOA, Inc. successfully brought to conclusion a lawsuit brought to enforce its Declaration of Restrictions against residents who failed to obtain approval from the Architectural Review Committee (”ARC”) prior to making substantial changes to the landscape design in front of their home.  Last year, one of the homes within the Cumberland Manors community was purchased at auction by investors who decided to replace the existing front lawn and sidewalk with pavers and gravel.  Had the new owners followed the association’s guidelines, and submitted an ARC Application before completing any work to the front of the home, they could have avoided unnecessary litigation, as well as what ended up being a costly mistake for them.
 
After multiple violation notices addressing the non-conforming, landscape alterations made to the front of the property, the association was able to reach a signed, mediated settlement agreement with the owners that required them to take action to bring the front of the home into compliance with the association’s deed restrictions.  When the owners subsequently refused to abide by the terms of the mediated settlement agreement, the association continued in its pursuit to enforce compliance with its Declaration of Restrictions and ultimately won.  The owners finally removed the gravel and a large section of pavers and replanted sod in the front of the home and added trees, shrubs and bushes.   They also had to pay more than $14,000 in legal fees to the association, plus thousands more to bring the landscaping back into compliance with ARC standards.   
 
All of the homes located within the Cumberland Manors subdivision are subject to the association’s deed restrictions, which were created to help preserve and maintain the character and value of the homes within the community.  When alterations are made to the front of a home, it is important to remember to first obtain approval from the ARC, not only to ensure compliance with the community’s deed restrictions, but also to avoid costly mistakes.  The ARC is comprised of residents from within the Cumberland Manor community who are here to help all homeowners navigating the process of making changes, alterations, or improvements to their homes.  Maintaining the front of the homes in a community, including sidewalks, driveways and front yards, not only preserves the value of homes, but enhances the sense of community and pride of all residents in the community.
 
If you have been considering making any changes or improvements to your home, including repainting your home or changes to your driveway, you can obtain a copy of Cumberland Manors’ ARC Application, on the Cumberland Manors webpage, or by clicking here: https://www.cumberlandmanors.org/editor_upload/File/arcformltr.pdf.  For more information on Cumberland Manor’s minimum landscaping guidelines, click here:  https://www.cumberlandmanors.org/editor_upload/File/Standards.pdf.
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