Frequently Asked Questions
chevron_rightWhat is a Deed Restricted Community?
In a Deed Restricted Community, certain rules about how each homeowner may legally use their property are contained in the governing documents. These rules apply to every owner and lot within the community. If a lot is rented, the governing documents apply to the renter as well.Deed Restrictions are put in place at the time a community is developed. Most often, the developer drafts the governing documents. The governing documents are recorded in the county records.The recorded governing documents are:
- The Articles of Incorporation of Cumberland Manors Homeowners Association, Inc., dated May 1, 1987
- The By-Laws of Cumberland Manors Homeowners Association, Inc., dated June 1, 1987
- The Declaration of Restrictions: Cumberland Manors, dated May 1, 1987
- The Rules and Regulations of Cumberland Manors as they may be enacted by the Board of Directors from time to time.
chevron_rightIs 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 and the governing documents are recorded in the county records.
chevron_rightCan the Deed Restrictions be changed?
Yes. The Deed Restrictions can be changed by amendment voted on by 66 2/3% of the homeowners.[REF] Changed via amendments in 1992 and 1995
chevron_rightHow 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 oversees the maintenance of the Association’s common properties and enforces the governing documents. 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 for legal action.
Board meetings are periodically held every quarter or so, depending on need. Advance notice of the time and place of the Board Meetings is usually posted at the Bellamy and Heathridge entry. All homeowners are encouraged to attend the periodic Board meetings, as well as the annual budget meeting (usually in September) and the annual Homeowners meeting, which usually occurs in December. Notices of the annual meeting are mailed to all addresses within Cumberland Manors.Notice of these meetings also can be sent via emails made available by the residents to Greenacre Properties by calling them at (813) 600-1100. Ask for the Greenacre manager of Cumberland Manors to obtain the proper medium for sending an email address, home and mobile phone numbers and other information that can be used by Greenacre to contact homeowners.
- chevron_rightWhere can I get a copy of the Deed Restrictions?
chevron_rightWhat 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 property management services 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 that are consistent with the rights and duties established by the governing documents and general law.
chevron_rightWhat are the architectural control provisions in our Deed Restrictions?
The Architectural Review 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 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 Review 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.
chevron_rightCan 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 two garage sales a year.
chevron_rightCan 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.
chevron_rightWhat 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
chevron_rightWhat rules apply to trash containers, gas tanks, swimming pools, signs, energy devices, mailboxes, etc.?
(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.
chevron_rightWhat rules apply to animals, trash, and intersections?
(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. Hillsborough County’s Nuisance Animal Noise Ordinance governs noise from pets that violate the ordinance. There are specific guidelines for reporting guidelines. The affidavit necessary for reporting nuisance animal noise are available here at this county link.
(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.
chevron_rightWhere 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.
chevron_rightWhat 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’s leash ordinance says any pet off of its owner’s property or in a public place - like a neighborhood sidewalk, farmer’s market or outdoor café - must be on a leash no longer than six feet, and its owner must have control at all times. If cited, the fines are at least $100 and up to $500 for multiple violations. 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. Grass and other plantings must be free of dead areas.
Home maintenance is also important. Repainting, roof cleaning, and fence replacement are necessary. Our Property Manager addresses this issue with each homeowner.
Trash and yard debris on the curb can be a problem. 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 also has been a problem. The Property Manager and the Association's attorney handle collection of all delinquent accounts.
chevron_rightWhat are the Rental Restrictions at Cumberland Manors?
Cumberland Manors has a Rental Restriction Amendment in place.
You can view that amendment by clicking here - Rental Restriction Amendment