Temporary Use Permit

The Temporary Use Permit that would have allowed an underage child to live in Sun City was denied by a vote of 2-1.

 

Interesting to see only three of the five supervisors in attendance. Several of those who spoke were well versed and well spoken. They understood the laws and were able to articulate why this case was so important. This case has been going on since at least last Sept and some 9 months later it as finally come to a head. SCHOA is always willing to work with people in the short run, this obviously wasn't the case. I would agree with the one family member who argued how the family should take care of mom. It's no one's business. What is our business is those living here live by the rules they agreed to when they bought their home. Arguing now, they shouldn't have to is nonsense.

The other interesting comment was regarding the family owning multiple homes on the block. In conjunction with that, a family member has apparently stated when mom dies, they will sell the house because the people in Sun City are mean. If that's the case, sell it now. Prices have never been higher and cashing out will allow you the luxury of buying somewhere more compatible with your needs. The comment was made regarding other family members being involved politically. No idea if that is true, but if so, it makes it even more difficult for those involved in the decision making process. Kudos to them for getting it right.

Finally, the bigger challenge is going forward. SCHOA still has to take action if the family does nothing. They have that capacity to take them to court and they will win. Historically they've done that several times. They hate to do it, but that's the way it works. Enforcement of the CC&R's is their primary function and the age overlay is easily the most difficult to enforce. If you don't belong to SCHOA, you should. For $25 a year, it is a bargain.

 

Hopefully, this has now set a precedence for any future Temporary Usage permit requests.

 

Only in a perfect world. Remember, this didn’t just happen. They got caught. According to all reports, this has been going on for a couple of years.

 

For those of you unfamiliar with SCHOA, they fight these under age battles all year long and as Larry said, they have for a good many years. Some never get caught and even when they do, the only way to eventually move them out (if they refuse to leave) is through a court case. They'll win and they have several times, it's costly but it must be done. It' why years ago we took the position, no exceptions, no exemptions. The minute you start it opens the door to everyone complaining, me too.

 

Submit violation concerns! You will be anonymous, name never released to resident you report for investigation.
Sun City CC & R Violation Form
Complaint categories

• • Age Restriction
  • Dwelling Conditions
  • Setback Requirements
  • Vehicles
  • Business in the Home
  • Animal Restrictions
  • Fences
  • I Sheds
  • Condition of Property
  • Other
  https://suncityhoa.org/violation-form/
  
  SCHOA Website:
  https://suncityhoa.org/

 

I still find it interesting that SCHOA and RCSC don't work together.

 

From SCHOA:
WE WERE SUCCESSFUL! THANK YOU!

We were successful!

Thank you to everyone who contacted Maricopa County in regards to the TEMPORARY USE PERMIT APPLICATION Request for Under Age Occupancy in an Age Restricted Area. The permit was denied.

According to Mr. Mueller as of the morning prior to the hearing Maricopa County had received 1,154 emails in opposition and 9 in support. Many in the community attended the meeting and attended online or by phone. Thank you!

If you aren’t a member of SCHOA, please join us. You can get more information here.

*SCHOA membership fees are separate from the RCSC fees.

 

I still don't understand that if every homeowner in Sun City is required to live under the SCHOA CC&R's, then why isn't everybody required to do so?

Also, why must we adhere to the Sun City HOME OWNERS ASSOCIATION when we're not governed or incorporated under Title 33?

 

My understanding why SCHOA and RCSC, Inc. are two separate entities:

Every Sun City residential property owner agreed and is required to abide by SCHOA CC&Rs upon purchase. Some neighborhoods have additional CC&Rs. If violations are occurring, they need to be reported. SCHOA does not actively patrol properties. They are diligent about under age occupancy to maintain our 55+ age restricted status.

The RCSC, Inc. has no authority over Sun City residential property.
Classified as a Title 10 corporation, their domain is limited to recreational centers, golf courses, and all amenities properties only. They are allowed to charge member owner fees associated with recreational facilities ( PIF and annual membership assessment.)

BYLAWS OF THE
SUN CITY HOME OWNERS ASSOCIATION, INC.

ARTICLE I – PURPOSE
SCHOA has the primary purpose of preserving property values through fair and consistent application of the community’s Deed Restrictions, also known as Conditions, Covenants and Restrictions (CC&Rs).
SCHOA has the right, but not the obligation:
A. to assist members and other residents with problems they bring
to the organization’s attention concerning their homes and their
grounds;
B. to create and support programs which benefit the community,
specifically in the matters of safety, security and quality of life;
C. to advocate for Sun City residents in matters of infrastructure and
governmental matters, and
D. to engage in all other activities permitted under Arizona law
which may reasonably be considered as integral to its purpose.
https://suncityhoa.org/wp-content/uploads/2020/12/Final-Bylaws-11-24-20.pdf
SCHOA website
https://suncityhoa.org/

WE ARE: Title 10 - Corporations and Associations
https://www.azleg.gov/arsdetail/

WE ARE NOT: Title 33, Chapter 16 PLANNED
COMMUNITIES
https://azre.gov/sites/default/files/hoa/documents/Planned_Communities_Act.pdf

 

But if you don't pay your assessment the RCSC is the one who places the lean on your property not SCHOA? Seems to me you can't be compliant with the RCSC unless you're also compliant with SCHOA?

I think somebody's blowing smoke up our you-know-what? You can't have it both ways. You can't tell me I have to adhere to SCHOA's CC&R's then also tell me I don't have to join SCHOA!

What am I missing here?

 

You are missing the deed restriction applied by RCSC applied when you purchased your property. I have always believed that SCHOA dues should be included in the annual assessment also.

 

SCHOA was created as a voluntary membership organization. Every board member elected has said, let's make membership mandatory. Their attorney has told them to do that would take a vote and pass with a 100% vote of the home owners. They'd be hard pressed to get 50% plus 1. On the other hand, the CC&R's are included in your deed restrictions when you buy your property. Oddly enough they didn't include the age overlay until it became law in 1983 (two communities in the East Valley were the first). Ben just told me yesterday, Sun City West included the 55 restriction before Sun City by a couple of months (1983/1984). The actions to pass the addition to the to the CC&R's was enable by those living in the community who actively and aggressively took it upon themselves to get signatures and get it voted through.

By the way, Youngtown never took those actions in 1983 and consequently their community documents (deed restrictions were never changed). When it went to court around around 2005 they knew they had no chance to win the fight and quickly said, no mas. Just watched the Sun City West annual membership meeting and they are under Title 33 and in fact do act as an HOA administering their own CC&R's.

 

Well, SCHOA has very few residents paying the optional annual membership $25 fee, while all residents must follow the CC&Rs.

RCSC “right” to place liens on residential properties for failure to pay annual assessment

Annual Property Assessment – $496/year/property *
Every Deeded Real Estate Owner of a Sun City property, or their successor, has signed a Facilities Agreement that obligates them to pay an annual property assessment whether or not they occupy the property or use the recreational facilities. Failure to pay these fees by the due date will render any RCSC cards issued for the Sun City property no longer valid and the respective cardholders no longer eligible to use RCSC facilities or participate in Sun City clubs.
https://suncityaz.org/rcsc/cardholder-information/fees/
ARTICLE III – ASSESSMENTS, FEES AND COLLECTIONS

Assessments, fees and other charges shall be determined by the Board and shall be payable by Owners pursuant to the Facilities Agreement and Corporate Documents.

SECTION 1: ANNUAL PROPERTY ASSESSMENTS

The Corporation may levy an annual property assessment against each Property and its Owner(s). Each Owner of a Property, by accepting a deed or entering into a Facilities Agreement, is deemed to covenant and agree to pay these annual property assessments. All annual property assessments, together with interest due from the due date of such annual property assessment, late charges, costs (including lien fees and administrative costs) and reasonable attorneys’ fees, shall be a charge and continuing lien upon each Property against which the annual property assessment is levied until paid and shall be the obligation of the Owner(s) of such Property at the time the annual property assessment is imposed.
https://suncityaz.org/corporate-bylaws/

 

Larry, with all due respect, I think you're missing my point? I understand the deed restrictions which brings me back to my original question! How can you be obligated to live under SCHOA's CC&R's and yet not be obligated to be a member of SCHOA?

Seems like two independent and separate entities except they're both reading from the same rule book? Does my membership to SCHOA now make me a member of a Home Owners Association? And if I wasn't a member, I'm still obligated to adhere to those same rules thru the purchase agreement of my home thru the RCSC?

I'm just trying to figure it out! If we were Title 33 instead of Title 10, then could we have merged the two entities together? What's the legal restriction preventing the two from combining?

 

Bill - you stated that Sun City West is under Title 10. I thought it was Title 33? Just when I thought I knew who had Title 10 and who had Title 33, now I'm not sure!

 

Thanks odaat, my bad, fixed it. They are Title 33.

 

If it’s not illegal in Maricopa county, I don’t understand how Sun City has the authority to enforce any restrictions.

 

That's what I've been wondering too.

How can the CCR&R's restrict parking. to 72 hours when neither Sun City or SCHOA own the streets?