Does the Cumberland Hill Neighborhood Association enforce the deed restrictions?

For most of the neighborhood, no. The recorded declarations never mention a neighborhood association at all. The association holds the developer's enforcement rights only in Ashmoor Units 1-B and 1-C, which Ball Homes assigned to it in 2015. Everywhere else, enforcement belongs to the developer (now dissolved for all Cumberland Hill units) or to individual lot owners.

Who can enforce the deed restrictions in Cumberland Hill?

Only another lot owner in the same unit, by filing their own civil action. The developer that wrote the restrictions — Cumberland Hill, a Joint Venture, made up of S.L.A. Service Corporation and Tates Creek Development Company — dissolved in the mid-1990s and never assigned its rights to anyone.

Can the deed restrictions be changed or removed?

Yes. Every declaration in both subdivisions ran for an initial 30-year term and now renews automatically one year at a time — unless a majority of the current lot owners in that unit sign and record a document changing the covenants in whole or in part. All of the original 30-year terms expired between 2014 and 2017, so a simple recorded majority of a unit's owners can amend or eliminate its restrictions.

Can the HOA fine me for violating a deed restriction?

No. Nothing in the recorded declarations creates fines, dues-based enforcement, or citation powers. The only enforcement mechanism in every declaration is a lawsuit brought by the developer or by a lot owner. In practice, if no neighbor sues, nothing happens.

Do the deed restrictions ban sheds and outbuildings?

The recorded text of restriction #10 bars any trailer, tent, shack, barn or unmovable vehicle from being used or maintained on any lot, which read literally reaches ordinary storage sheds. In practice sheds have been common in both neighborhoods for decades, which supports a waiver argument, but only a court can decide a specific case.

Are all the old restrictions still enforceable?

Not necessarily. Some provisions are overridden by newer law — for example, the 1980s ban on satellite dishes is largely preempted by the FCC's federal OTARD rule for small dishes and antennas. Kentucky courts may also decline to enforce restrictions that have been widely ignored for years. Talk to a real-estate attorney about any specific provision.

Lexington, Kentucky · A public-records project

Cumberland Hill deed restrictions: who can actually enforce them?

Published July 2, 2026 · Built from every recorded plat, declaration, and corporate filing for the Cumberland Hill & Ashmoor subdivisions

If you own a home in Cumberland Hill or Ashmoor — the 1980s neighborhoods between Tates Creek Road and Veterans Park — your deed almost certainly says the property is "subject to restrictions of record." Most owners assume that means the neighborhood association is the referee: it watches for violations, sends letters, maybe issues fines. The recorded documents say otherwise. We pulled all 24 recorded plats, all 14 restriction documents, and the state corporate filings behind them. Here is what they actually say, in plain English.

The three-sentence version

🔴 Cumberland Hill (all 10 units): the company that wrote your rules no longer exists. The developer — "Cumberland Hill, a Joint Venture" — was two corporations that went out of business in the mid-1990s. They never handed their enforcement rights to anyone. Today the restrictions can only be enforced one way: a neighbor in your unit suing you (or you suing them).
S.L.A. Service Corporation (inactive since ~1994) and Tates Creek Development Company, Inc. (inactive since ~1996), per KY Secretary of State.

🟢 Ashmoor Units 1-B & 1-C: the one place the association really does hold the developer's powers. In 2015, Ball Homes formally signed its "declarant and developer's rights" for these two units over to the Cumberland Hill Neighborhood Association, Inc. That paper — Deed Book 3340, Page 512 — is the only recorded document giving the association any special enforcement role anywhere in either neighborhood.

🟡 Ashmoor Units 1-A, 2-A, 2-B & 3: the developer is still alive. These units were declared by "Ashmoor, a Joint Venture" (Ball Homes + Stanley Land Company). Stanley Land dissolved in 2007, but Ball Homes continues today as Ball Homes, LLC — so the developer's rights here still exist and were never given to the association.

The map

Click any lot to see its unit, its plat, and exactly which recorded document controls it.

Sources: Fayette County Clerk (plats & declarations), LFUCG GIS (parcel lines), Fayette PVA, KY Secretary of State. 522 parcels, 16 recorded units.

The neighborhood association is not the police

This is the single biggest misconception. In many modern subdivisions, an HOA is written into the declaration from day one: it collects mandatory dues, it has an architectural committee, and it can fine you or put a lien on your house. None of the Cumberland Hill or Ashmoor declarations work that way. The word "association" does not appear in any of the original documents — not once. There are no dues, no fines, no liens, no violation letters with legal teeth.

Every single declaration, from 1984 through 1987, uses the same enforcement sentence:

"The Developer or any lot owner at any time may enforce the restrictions and covenants herein contained by appropriate legal procedure."

"Appropriate legal procedure" means a lawsuit. So the real "police force" is: (1) the developer, if it still exists — and for all of Cumberland Hill it does not; and (2) you and your neighbors, individually, each deciding whether a violation bothers you enough to hire a lawyer and go to court over it.

Here's the concrete example. Suppose someone on Ironbridge Drive (Cumberland Hill Unit 1-B) parks a boat in their front yard for a month — something restriction #7 plainly prohibits. Who can do something about it? Not the neighborhood association: it holds no enforcement rights in Unit 1-B, and writing a stern letter is the extent of its legal power there. Not the developer: both companies behind the Cumberland Hill Joint Venture dissolved roughly thirty years ago. The city doesn't enforce private deed restrictions at all. The only people on Earth with standing to enforce that rule are the other lot owners in the unit — and only by filing a civil case at the courthouse. If no neighbor cares enough to sue, the boat stays.

The one exception proves the rule: in Ashmoor Units 1-B and 1-C (Woodglen, Charwood, Cherrywood, Edgewood area), the association really did receive the developer's rights, in writing, in 2015. If you live in those two units, the association stands in the developer's shoes — including plan-approval powers. Everywhere else, it is a voluntary civic group: great for newsletters, socials, and speaking with one voice at City Hall, but not a deed-restriction enforcement agency.

The rules can be changed — by the owners themselves

The second thing almost nobody realizes: these restrictions are not permanent. Every declaration contains the same term clause — the covenants run for an initial 30 years, then renew automatically one year at a time, unless a majority of the current lot owners in that unit records a signed document changing them "in whole or in part."

Every initial 30-year term in both neighborhoods has already expired — they ran out between 2014 (Unit 1-A/1-B, recorded 1984) and 2017 (Unit 1-J, recorded 1987). That means each unit is now living year-to-year, and in any unit, a simple majority of owners could get together tomorrow, sign one document, record it at the Fayette County Clerk for a small fee, and rewrite or abolish their restrictions. No developer permission needed (in Cumberland Hill there's no developer left to ask), no association vote, no court.

And even without any formal change, restrictions fade in practice. Enforcement is voluntary — if a rule has been openly ignored for years (basketball hoops, sheds, modern fences, satellite dishes), a court may find the neighborhood has waived it. Some provisions are simply dead letters under newer law: the 1980s ban on "television, radio or other similar microwave receiving dish" is largely overridden by the FCC's federal OTARD rule protecting small dishes and antennas, and the requirement that the long-gone developer pre-approve your house plans, fence, or shed is unenforceable when the approver no longer exists.

Every unit, every document

Unit	Streets (roughly)	Plat	Restrictions recorded at	Who holds developer rights today
Cumberland Hill 1-A	Rockbridge Rd	D-764 (1984)	DB 1349/248 (Aug 1984, covers 1-A & 1-B)	No one — developer dissolved
Cumberland Hill 1-B	Ironbridge Dr, Stowbridge Ln	D-778 (1984)	DB 1349/248	No one — developer dissolved
Cumberland Hill 1-C	Troonbridge Dr, Stowbridge Ln	F-102 (1985)	DB 1371/120 (May 1985, covers 1-C & 1-D)	No one — developer dissolved
Cumberland Hill 1-D	Turnbridge Rd, Rockbridge Rd	F-103 (1985)	DB 1371/120	No one — developer dissolved
Cumberland Hill 1-E	Ironbridge Dr loop	F-224 (1985)	DB 1388/395 (Nov 1985)	No one — developer dissolved
Cumberland Hill 1-F	Saron Dr, Rockbridge Rd	F-197 / F-370 (1985–86)	DB 1388/391 (Nov 1985)	No one — developer dissolved
Cumberland Hill 1-G	Turnberry Ln, Watermill Ln	F-404 / F-488 (1986)	DB 1411/142 (Jul 1986)	No one — developer dissolved
Cumberland Hill 1-H	Saxon Dr	F-631 (1987)	DB 1439/367 (May 1987)	No one — developer dissolved
Cumberland Hill 1-I	Longbridge Ln, Rockbridge Rd	F-641 (1987)	DB 1439/374 (May 1987)	No one — developer dissolved
Cumberland Hill 1-J	Thornbridge Ln, Meadowbridge Ct, Foxbridge Cir	H-3 (1987)	DB 1454/633 (Sep 1987)	No one — developer dissolved
Ashmoor 1-A	Woodglen Dr, Cherrywood Dr, Charwood Dr	F-147 (1985)	DB 1376/235 (Jul 1985)	Ball Homes, LLC
Ashmoor 1-B	Woodglen Ct/Dr	F-391 / F-644 (1986–87)	DB 1408/276 (Jun 1986, covers 1-B & 1-C)	Cumberland Hill Neighborhood Assn (assigned 2015, DB 3340/512)
Ashmoor 1-C	Edgewood Dr/Ct	F-392 (1986)	DB 1408/276	Cumberland Hill Neighborhood Assn
Ashmoor 2-A	Edgewood Dr	F-526 (1986)	DB 1430/198 (Jan 1987)	Ball Homes, LLC
Ashmoor 2-B	Charwood Dr	F-525 / H-568 (1986–89)	DB 1431/281 (Jan 1987)	Ball Homes, LLC
Ashmoor 3	Charwood Dr, Springwood Ct	F-732 (1987)	DB 1447/214 (Jul 1987)	Ball Homes, LLC

All documents are at the Fayette County Clerk (fayettedeeds.com): plats by cabinet/slide, declarations by deed book/page. Corporate status from the Kentucky Secretary of State, checked July 2026.

What the restrictions actually say

The rules themselves are 1980s boilerplate, nearly identical in every unit: single-family residential use only; concrete or asphalt driveways; no regularly-parked commercial trucks over ¾-ton; no boats, trailers, or RVs in front yards or on the street for more than 24 hours; no livestock (pets fine); fences behind the house's rear corner and pre-approved by the developer; minimum house sizes (1,300–1,600 sq ft depending on unit and house type); two shade trees in the front yard; two-car garages; no "noxious or offensive trade"; and — a period piece — no satellite dishes and no forming a new city without the developer's OK.

One clause surprises almost everyone: outbuildings. Restriction #10 doesn't just ban living in a temporary structure — its second half says no "trailer, tent, shack, barn or unmovable vehicle" may be "used and/or maintained upon any lot in said subdivision at any time." Read literally, that covers the ordinary backyard storage shed. Whether a court would actually enforce it that way today is another question — sheds are everywhere in both neighborhoods, and decades of open, unchallenged use is exactly the kind of fact that supports a waiver argument — but the words on the record are that broad. Read them for yourself below.

The restrictions, word for word

Below is the complete text of the recorded covenants — no paraphrasing. The Cumberland Hill version shown is Unit 1-H (Deed Book 1439, Page 367); the other Cumberland Hill units are materially identical (minimum house sizes vary slightly by unit). The Ashmoor version shown is Unit 2-A (Deed Book 1430, Page 198). Always confirm against the scanned original for your unit, linked in the table above and in the map popups.

Cumberland Hill — full text of the 24 restrictions (Unit 1-H, DB 1439/367)

All property in these Units shall be used for single family residential purposes only.
All driveways and approaches shall be constructed of Portland cement concrete or asphalt.
No commercial vehicle or truck over 3/4 ton shall be regularly parked on any lot or street in the Subdivision other than for delivery or construction purposes unless housed within a garage; and no person shall engage in major car repairs either for himself or others at any time.
These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of one (1) year unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
The Developer or any lot owner at any time may enforce the restrictions and covenants herein contained by appropriate legal procedure. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
Should the owner of any lot fail to maintain the lawn, the Developer, or its assigns, may enter such lot to cut grass and/or weeds and remove any debris necessary, and collect its costs of labor and material plus 25% from the owner of said lot.
No residential [recreational] vehicle, trailer or boat shall be parked in any front yard or on any street in the Subdivision for a period in excess of twenty-four (24) consecutive hours or in any manner that may be construed as an intentional attempt to circumvent this restriction.
No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood.
Anyone cutting into or tunnelling under or damaging in any manner the street, sidewalk, or road serving said lots must repair and restore the street, sidewalk, or road to its original condition, all at such person's own risk and expense. This shall not be construed as any permission or consent by the developers and shall not create any liability on the developers of The Cumberland Hill Subdivision, express or implied.
No building or structure of a temporary character, including, but not limited to, trailers, basements, tents, shacks, garages, barns or other buildings other than residence buildings, shall be used upon any lot in said unit at any time as a residence, either temporarily or permanently, nor shall any trailer, tent, shack, barn or unmovable vehicle be used and/or maintained upon any lot in said subdivision at any time, whether temporarily or permanently.
No animals, livestock and/or poultry of any kind shall be raised, bred or kept upon any lot in said unit of said subdivision; provided, however, dogs, cats and/or other household pets may be kept and maintained upon said lots if they are not kept, bred or maintained for any commercial reason or purpose.
No fence, wall, hedge or any nature may be extended toward the front or side of the property line beyond the building set-back line as shown on the Record Plat in the Fayette County Clerk's Office and may not extend toward the front of the house past the rear corner. Any fence used must conform with the character of the subdivision and shall be in accordance with appropriate governmental regulations, and shall be approved by the Developer prior to construction.
No signs shall be permitted on property, house number and name plates excepted, except those which the Developer deem fit.
No city or municipality shall be formed during the development and initial sale of this subdivision unless approved by the Developer.
No television, radio or other similar microwave receiving dish shall be permitted on any lot.
No additional subdivision of a lot shall be made to reduce the size of the lot without permission of the Developer and appropriate governmental bodies.
Minimum size of living area for primary construction exclusive of porches, basements, attics, carports and garages, shall be as follows, based on the house type: (a) One-Floor Plan — 1,600 sq. ft.; (b) One & One-Half Story — 1,400 sq. ft. main floor (2,000 sq. ft. total); (c) Two-Story — 1,050 sq. ft. (2,100 sq. ft. total). The Developer may approve other types of design (so long as such designs contain a minimum of 1,600 sq. ft. of living area) provided the living area as defined in this paragraph is substantially similar to the requirements herein specified, at the sole discretion of the Developer.
All plans for buildings to be erected, placed, altered or permitted to remain upon any lot shall be subject to approval by the Developer and one complete set of the plans and specifications shall be provided and retained by the Developer. The detailed plans and specifications shall, without limitation, include the color of the brick or paint to be used on the exterior. It is one of the purposes of these restrictions to cause the construction of residences of external design which will be harmonious one with the other. Bedford stone, Tennessee stone or similar stone shall not be permitted, only after photo or sample of particular stone has been approved by Developer.
Whether brick or other sidings are used in the erection of improvements, all foundations must be bricked to grade and all chimneys must be masonry.
As construction of each lot is completed, the lot shall be fully graded and sodded except only for the improved area, driveways, patios and sidewalks.
All houses must have a two car attached or basement garage.
As construction of the improvements are completed, each lot shall be landscaped with two (2) shade trees in the front yard.
The pitch of the roof must be a minimum of 4 1/2 on 12.
At no time during or after construction shall any trash, dirt, clipped weeds, grass or debris of any type be placed, wasted or deposited on any lot vacant or otherwise by owner, Contractor or Sub-Contractors.

Bracketed [recreational] added: the Unit 1-H scan reads "residential vehicle," almost certainly a typo for "recreational vehicle," which is the word used in the Ashmoor declarations. Transcribed from the recorded scan; the recorded document controls.

Ashmoor — full text of the 22 restrictions (Unit 2-A, DB 1430/198)

All property in this Unit shall be used for single family residential purposes only.
All driveways and approaches shall be constructed of Portland Cement Concrete or asphalt.
No commercial vehicle or truck over 3/4 ton shall be regularly parked on any lot or street in the Subdivision other than for delivery or construction purposes unless housed within a garage; and no person shall engage in major car repairs either for himself or other at any time.
These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of one (1) year unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
The Developer or any lot owner at any time may enforce the restrictions and covenants herein contained by appropriate legal procedure. Invalidation of any of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
Should the owner of any lot fail to maintain the lawn, the Developer, or its assigns may enter such lot to cut grass and/or weeds and remove any debris necessary, and collect its costs of labor and material plus 25% from the owner of said lot.
No recreational vehicle, trailer, or boat shall be parked in any front yard or on any street in the subdivision for a period in excess of twenty-four (24) consecutive hours or in any manner that may be construed as an intentional attempt to circumvent this restriction.
No noxious or offensive trade activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood.
Anyone cutting into or tunnelling under or damaging in any manner the street, sidewalk, or road serving said lots must repair and restore the street, sidewalk, or road to its original condition, all at such person's own risk and expense. This shall not be construed as any permission or consent by the developers and shall not create any liability on the developers of the Ashmoor Subdivision, express or implied.
No building or structure of a temporary character, including but not limited to, trailers, basements, tents, shacks, garages, barns, or other building other than residence buildings, shall be used upon any lot in said units at any time as a residence, either temporarily or permanently, nor shall any trailer, tent, shack, barn or unmovable vehicle be used and/or maintained upon any lot in said subdivision at any time, whether temporarily or permanently.
No animals, livestock and/or poultry of any kind shall be raised, bred, or kept upon any lot in said unit of said subdivision; provided, however, dogs, cats and/or other household pets may be kept and maintained upon said lots if they are not kept, bred, or maintained for any commercial reason or purpose.
No fence, wall, hedge of any nature may be extended toward the front or side of the property line beyond the building set-back line as shown on the Record Plat in the Fayette County Court Clerk's Office and may not extend toward the front of the house past the rear corner. Any fence used must conform with the character of the subdivision and shall be in accordance with appropriate governmental regulations, and shall be approved by the Developer prior to construction.
No signs shall be permitted on the property, house number and name plates excepted, except those which the developer may deem fit.
No city or municipality shall be formed during the development and initial sale of this subdivision unless approved by the Developer.
No television, radio or other similar microwave receiving dish shall be permitted on any lot.
No additional subdivision of a lot shall be made to reduce the size of the lot without permission of the Developer and appropriate governmental bodies.
Minimum size living area for primary construction exclusive of porches, basements, attics, carports and garages, shall be as follows, based on the house type: (1) One-Floor Plan — 1,300 sq. ft.; (2) 1-1/2 Story — 1,100 sq. ft. main floor (1,600 sq. ft. total); (3) 2 Story — 900 sq. ft. lower floor (1,800 sq. ft. total). The Developer may approve other types of design (so long as such designs contain a minimum of 1,300 sq. ft. of living area) provided the living area as defined in this paragraph is substantially similar to the requirements herein specified, at the sole discretion of the Developer.
All plans for buildings to be erected, placed, altered, or permitted to remain upon any lot shall be subject to approval by Ball Homes, Inc., and Stanley Land Company and one complete set of the plans and specifications shall be provided and retained by the Developer. The detailed plans and specifications shall, without limitation, include the color of the brick or paint to be used on the exterior. It is one of the purposes of these restrictions to cause the construction of residences of external design which will be harmonious one with the other. Bedford Stone, Tennessee Stone, or similar stone, shall not be permitted on the exterior of any residence. Field stone shall be permitted, only after photo or sample of particular stone has been approved by the Developer.
All houses must have a two car attached or basement garage.
As construction on each lot is completed, sod shall be placed from the edge of the paved street to the building line of the main structure and across the entire width of the lot, and six feet (6') around the side and back of the structure, with the exception of sidewalks and driveways. The remaining rear yard shall be graded and seeded or sodded.
As construction of the improvements are completed, each lot shall be landscaped with two (2) shade trees in the front yard.
At no time during or after construction shall any trash, dirt, clipped weeds, grass or debris of any type be placed, wasted or deposited on any lot vacant or otherwise by owner, Contractor or Sub-contractor.

Transcribed from the recorded scan; the recorded document controls.

Common questions

Does the neighborhood association enforce the deed restrictions?

For most of the neighborhood, no. The association holds developer rights only in Ashmoor Units 1-B and 1-C (assigned 2015). Everywhere else the original documents never gave it any role, and the developer's rights either died with the developer (all of Cumberland Hill) or remain with Ball Homes, LLC (rest of Ashmoor).

So can anything happen if I break a restriction?

Yes — but only if a neighbor in your unit (or Ball Homes / the association where they hold rights) takes you to court, and a judge agrees the restriction is valid and hasn't been waived. There are no fines or administrative penalties. Practically, unenforced rules stay unenforced until someone sues.

Can we change our restrictions?

Yes. The 30-year initial terms have all expired, so a majority of the current lot owners in a unit can sign and record one document amending or ending the covenants for that unit. That is the same mechanism whether you want to loosen the rules or tighten them.

Do these restrictions expire on their own?

Not automatically — they renew year to year forever unless a majority acts. But individual provisions can become unenforceable through waiver (years of open non-enforcement) or newer law (like the FCC satellite-dish rule).

Are sheds and outbuildings really banned?

The recorded text is surprisingly broad: restriction #10 says no "trailer, tent, shack, barn or unmovable vehicle" may be "used and/or maintained upon any lot in said subdivision at any time." Read literally, that reaches an ordinary storage shed. In practice sheds are common in both neighborhoods and have been for decades, which cuts strongly toward waiver — but the only way the question gets decided is if a lot owner sues and a judge rules. That ambiguity is the honest answer.

I'm buying a house here — what should I do?

Have your closing attorney or title company pull the declaration for your specific unit (deed book and page in the table above) and read the eight or so pages. It takes ten minutes and tells you exactly what runs with your land.

Source documents

Every scanned document used for this page: plats and declarations (PDF). Key items: the 2015 assignment to the association (DB 3340/512), the Ashmoor 1-B/1-C declaration (DB 1408/276), and the Cumberland Hill declarations (1349/248, 1371/120, 1388/395, 1388/391, 1411/142, 1439/367, 1439/374, 1454/633).

Disclaimer. This page is a plain-language summary of public records — recorded plats, deed restrictions, and corporate filings — compiled July 2026. It is not legal advice, and reading it does not create an attorney-client relationship with anyone. Restriction enforceability turns on facts and law beyond the recorded text (waiver, changed conditions, statutes, later amendments we may have missed). Before buying, building, or suing, talk to a Kentucky real-estate attorney and have a title company run your specific lot.