MARICOPA COUNTY UNDER AGE TEMPORARY PERMIT APPLICATION INFORMATION

Discussion in 'Sun City General Discussions' started by Tom McClain, Nov 13, 2022.

  1. Tom McClain

    Tom McClain Member

    UPDATE – BOARD OF ADJUSTMENT HEARING

    90-Day Extension Issued

    The Board of Adjustment unanimously decided to issue a 90-Day extension on the Temporary Use Permit Application Request for Under Age Occupancy in the hopes that the homeowner will be able to work with the SCHOA Board of Directors concerning this situation. They scheduled a follow up hearing on February 16, 2023 to revisit this temporary permit request.

    SCHOA understands the disappointment that this decision may cause, but rest assured we will continue to enforce the CC&Rs and this case is not an exception.

    Thank you to everyone who contacted Maricopa County concerning this. According to Ms. Jaramillo Maricopa County had received 1,488 emails in opposition and 4 in support. Many in the community attended the meeting in person, online and by phone. Thank you!
     
  2. BPearson

    BPearson Well-Known Member

    Thanks for posting Tom, it was disappointing, but certainly not the death knell some see it as. Both Federal and State statutes give the owners the right to apply for a variance. Most readers don't understand the history behind how Sun City got designation as an age restricted community. Often they cite Youngtown losing their status, truth is two wholly different set of circumstances.

    Both Sun City and our predecessor, Youngtown never had age restrictions written into their "documents." Both marketed and sold their communities as being for seniors (50 and older originally), but there was no legal status to do so. It wasn't until the early 80's when both the state and federal law was changed and the Fair Housing Standards Act (Housing for Older Persons) was passed.

    Two communities in the East Valley quickly applied to add it to their documents via petitions. Residents in Sun City saw what they were doing and asked the HOA (SCHOA) to do the same. Initially they had little interest so the members started the process without them. Obviously the optics of that effort looked bad and they got on board. Signatures were collected at Rec Centers (note of irony eh) and within a short time they gathered way more than the necessary number.

    In late 1983 or early 84 the age restricted status was added to both the CC&R's and to our deed restrictions. Unfortunately Youngtown did none of that and when a lawsuit (around 2000) hit them they had to cave in and become a mixed age community. It's good for readers/members to know our history and the differences from our neighbors next door. History matters.

    The other thing members should know is the CC&R's includes a provision to request a variance. When we were elected to the SCHOA board in 2006 we looked at the mess they were in and decided trying to be reasonable was hopeless. Everyone had a sob story as to why kids should be allowed and deciding which was more deserving was an impossible task. We simply said no.

    Maricopa County was delighted we (SCHOA) took over the task of saying no and they more often than did agree with SCHOA's decisions. I suspect the biggest reason they were more flexible in this case was due the holidays, rather than on the merits. Letting them stay for 90 days has no impact on Sun City remaining inline with our obligation for 80% of the residents being over 55. Hope that helps explain.
     
  3. eyesopen

    eyesopen Well-Known Member

    This hearing panel, rather than make a decision, has tossed it back to SCHOA. Hello, Jajou has refused to comply with our community rules, chose to file with the county for a temporary 9 year permit. If they, SCHOA & Jajou, don’t come to an agreed timeline during the 90 day extension for Jajou to move, then we have the Feb. 16th hearing! Mr. Jajou can’t be trusted, in my opinion, to comply. He told many untruths at the hearing . Put the Feb. 16, 2023 next hearing date on your calendar…I doubt Jajou will be suddenly cooperative. Sun City speakers presented the facts along with their opinions. Great speakers!!
    SCHOA does have legal rights to enforce…including eviction. They are dealing with people who think they are special and refuse to comply. It is expensive to follow through, SCHOA has limited funding. I think it’s time for them to set an example and fiercely force this case, at whatever expense!
    The flood gate is open…it has to be STOPPED!! One of the few Sun City residents who spoke in favor of the request, said he loves that he too can get TU because he has a baby grandchild now and wants 4 years before moving. (Admits he has the baby NOW!!) He’s taking permanent custody. He will move in four years. County reminds him 2 years but he says , “Oh, I could get an extension.” He said it’s age discrimination if babies can’t live in community.
    We NEED SCHOA to fiercely protect us!
    SCHOA NEEDS us to support them!

    **The 90 day extension only refers to the deadline for SCHOA & Jajou to come to an agreed timeline for him to move. He wanted nine years. Now says maybe three or two years. He’s been in violation for a year already!
     
    Last edited: Nov 13, 2022
  4. suncityjack

    suncityjack Active Member

    I'm tired of having to call, write letters, etc. to ask for enforcement for something that should be a given. And what's with 90 days rather than something like 30 days? Is our Supervisor Clint Hickman doing anything to speak up for us?
     
  5. FYI

    FYI Well-Known Member

    Well, I just don't get it! What's suppose to happen between now and February 16th?

    It's pretty cut and dry to me,. Our documents, which have been agreed to by the homeowner says nobody under 19, so what's changed? Is it rules for thee but not for me?

    Sorry this person has found himself in this situation but rules are rules.

    I believe the only thing that can be negotiated is how much time will they allow this person to find other living arrangements for himself and his underage daughter and will they allow that decision to be dragged out until February 16th?
     
    eyesopen likes this.
  6. eyesopen

    eyesopen Well-Known Member

    SCHOA and Jajou are supposed to come to an agreement about WHEN he will move.
    ...Jajou did not comply with SCHOA to begin with, that's when he took it to the county for a Temporary
    Use permit...9 years is not temporary. Seriously doubt he'll cooperate in this extended time.
    A February 16th, 2023 board of adjustment continuation hearing is already scheduled if SCHOA and
    Jajou don't agree to WHEN Jajou WILL move.
     
  7. Tom McClain

    Tom McClain Member

    The danger is if this exemption goes through, as in California and as the Obama and Biden administrations have it made clear, the desire is to get rid of residential zoning. Then the residential area can be rezoned for low income housing, then apartments and group homes can be moved in with no hindrance from the age overlay and former residential zoning.

    I talked with the homeowners association, and found out the following. Mr. JaJou will not be granted an exemption by the homeowners association. The Maricopa County permit and planning commission does not want to take the heat of saying NO as their investigation officer told them that they had to because they could not go against the Sun City CC&Rs. So they punted and sent it back to SCHOA. Maricopa county gave over the authority of this granting of any exemption to the homeowners association back in 1984. This is documented in the Sun City 25th anniversary book that was put out by the community at that time.

    I predict Mr. JaJou will ignore SCHOA and this will go to court for a 2 year battle that he will lose and then have to pay the court costs and legal fees of SCHOA.

    My recommendation to Mr. JaJou is settle now, sell and find a home in a non age overlay community. It will be far less expensive in the end.
     
    Linda McIntyre and eyesopen like this.
  8. Tom McClain

    Tom McClain Member

    There have been several messages on next-door about Mr. JaJou. The gist of the articles are that he has to take care of the nine-year-old daughter because of drugs in the family. Sun City Home Owners Association enforcement officer told me that Mr. JaJou bought the house and had his daughter in his custody already so he knew he was violating the CC&Rs when he moved in.
     
  9. Tom McClain

    Tom McClain Member

    The gist of the Next Door messages concerning Mr. JaJou is we Sun Citians are a bunch of selfish curmudgeons because we do not want to help a family in distress from alleged drug use by one of the parents. The authors of the missives are exclusively Arizonans from outside of Sun City. In other words they do not have skin in the game. The members of the maricopa planning and permit committee are not residents of Sun City either. And none are 55 or older. And they know they cannot override our or any maricopa county community CC&Rs.
     
  10. BPearson

    BPearson Well-Known Member

    With all due respect Tom, Sun City is in no jeopardy of losing their age overlay. This is the exact reason i struggled with the ARS suit; saying things without foundation never helps win your argument. Obama nor Biden's efforts will have any impact on Sun City's future.

    To your broader and better point Tom, SCHOA has to be the tip of the spear regarding these types of cases. From the day we rebuilt the organization mid 2006, we have told the members, compliance matters. There is nothing more important in the CC&R's than enforcement of the age restrictions. The county took the coward's way out and now SCHOA needs to let this home owner know they are serious.

    Apparently the owner made a number of questionable claims at the hearing. I didn't watch it, but i have been told SCHOA could have and should have been better prepared to refute the things he said. That won't happen again, i am told. It also didn't help when a current SCHOA board member called in claiming there's all kinds of similar cases across the community. I guess the good news is, those comments resulted in him not being re-elected to the SCHOA board in 2023.

    Sadly, we've failed to try and instill in those buying in Sun City, that sense of ownership and the fact it is our community and that we are responsible. Leadership matters, it always has, it always will. I am convinced if Mr. JaJou wants to fight this in court, SCHOA will quickly take him to task, prevail and he will eat the court case costs and SCHOA's legal fees. We have established precedence on our side as he will come to find to be a really, really expensive proposition.
     
  11. Tom McClain

    Tom McClain Member

    Bill, the federal government has made it very clear they wish to end residential zoning so as to create more low income housing zones. California just did it.

    As to your SCHOA point, yes they have to be the tip of the spear and they are. One of the enforcement officers told me that they have handled 80 plus age overlay violations this calendar year. And just as many in years before. So the letters to the editor and phone calls from naysayers are only disguised attacks on SCHOA. There is a subtle movement by some to kill the age overlay and the CCR enforcement by SCHOA as well as the age overlay to make us like Youngstown with its present problems.
     

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