If someone can get rezoning done to create a group home in a prime residential area which is expressly forbidden in the CC&Rs or freestanding garages being built that clearly exceed the height restriction but are permitted by Maricopa County, what good are CCRs if they aren’t enforceable? If homeowners and builders are just ignoring these documents with no repercussions, why do we have SCHOA?
That recent decision floored me. I thought we were protected by the CC&Rs especially the single family restriction, but seems county gets to override them. I'd heard it happened with fence height, garages, and non owner occupied condos despite their own rules, but this one still shocked me.
SCHOA has a tall wall to climb over this latest ruling regarding the group home on the lake. I won't claim to be the most knowledgeable person in Sun City regarding SCHOA, but i know more than most. That said, there's a boatload i don't know. I would argue there's board members that have come and gone over the years who knew or understood it even less. This situation with the county is one of the reasons it's so daunting. Some depts are really good to work with, some less so. Reading the CC&R's is pretty straight forward now that they have taken the "board resolutions"out. They were never passed, the board in 2011 tried to extend their reach beyond the original documents. We added a couple back in 2006-2008 but they were always with attorney approval. In 2011 it was simply a bridge too far. While the bluff worked on some, the compliance officers always knew they could never push the envelope too far. I watched from the sidelines scratching my head asking why anyone would do that to someone. Like most Sun City organizations they just kept bringing back the same dedicated folks to run the show. There was little effort to grow the circle and keep a fresh crew of newbies joining the fray. Of course the downside is always when new board members are elected and don't know what they don't know. Of all the things i did while living in Sun City, SCHOA may have been the most challenging. Honestly, the RCSC board was way easier. There's just always someone pissed off at SCHOA; be it the home owners you are sending letters to or the home owners who are unhappy with the pace of resolution or the fact there's some things you just can't do. If there is good news, the executive director is Lisa Grey. Her husband Rick was a long time board member and a former State Senator, so she clearly knows how to navigate the political landscape. I've never worried about the age overlay cases because they were always a one-off that had little to no impact. This situation, where they are simply voiding our CC&R's regarding single family dwellings, are way beyond that. If a primary residence can be converted to a business location by some bureaucrat waving his magic wand, we have a problem...an enormous freaking problem.
And what exactly is SCHOA doing about it? And the roof line issue for unattached buildings. Was that actually in the original CC&R’s or something else that was just slipped in with the hope that nobody would notice and just comply?
No it wasn't in the original CC&R's. What you see online currently is what has been in them since they were rewritten and passed in each of the 54 units in 1998/99...and totally enforceable. The issue they need and are addressing is how the county and SCHOA intersects.
Obviously i have no idea, but i do know SCHOA has always had a great relationship with Clint and that would be the first place i would start.
FYI (NOT IN FORCE, process was stalled…maybe one day it will be policy. Just not yet ) As recommended by the SCHOA CC&R Review Committee in June 2019, below are the proposed amendments to the Sun City CC&Rs. Will allow variances for underage spouses who inherit property, as long as they do not bring in anyone under 55. Fences and setbacks must be consistent with Maricopa County codes and ordinances. No parking on streets longer than 72 hours in a 30-day period;no parking on landscaping, and no parking of inoperable or unsightly vehicles on a property. Prohibit wooden fences. Requiring detached garages be no taller than the adjoining home and a driveway must lead into the garage. Detached utility buildings will be allowed if they are screened or walled so they are not visible from the street. Gazebos and other outdoor living structures will be allowed Eliminate the phrase “servants’ quarters” from the document. Rentals of 29 days or less would be prohibited. Removed the phrase “except in a garage” from parking provision. Clarify responsibility for bushes, hedges or trees that infringe on neighboring properties.
That was the impression that I had that it was proposed but never implemented but several people have argued differently (including Bill).
It was proposed but went nowhere. We spent nearly a year on it and then the pandemic hit, the board president that was the moving force behind it left with some health issues and everything stalled.
Current SCHOA CC&Rs do not include the 2019 proposed amendments, they were not voted on. From SCHOA’s website, Wednesday, April 5, 2023: Sun City Home Owners Association Conditions, Covenants and Restrictions (CC&Rs) This Amended and Restated Covenants, Conditions, and Restrictions (the “Declaration”) is made as of May 12, 1998. https://suncityhoa.org/wp-content/uploads/SCHOA-CCRs-NR-2023.pdf
Maricopa County and SCHOA are mandated to update and comply with the Federal Fair Housing and ADA regulations pertaining to group home and care home residences.
