By Rusty Bradshaw
Twitter: @SunCitiesEditor

Despite the COVID-19 pandemic, Sun City Home Owners Association officials continue to be busy with covenants, conditions and restrictions enforcement.

SCHOA officials closed the office, 10401 W. Coggins Drive, to the public again, but still have 3-4 people working daily to handle complaints and followup on CC&R issues, according to Jim Hunter, SCHOA board president. The agency did furlough some paid personnel, he added.

“The phones are ringing off the hook,” he said. “Complaints are up about 50%; our people are handling about 20 per day.”

He said he was not sure if complaints are virus related or if people are just bored at home. Tom Wilson, SCHOA general manager, said complaints received have run the range of categories, with conditions of property and vehicles leading the way.

“I think it’s cabin fever and people being frustrated,” he said. “I can understand that.”

Compliance officers are not among those in the SCHOA office as they are working from home, according to Mr. Wilson.

“We are eliminating personal contact as much as possible,” he said.

SCHOA’s CC&R enforcement is complaint-driven, meaning the agency responds to residents’ complaints rather than having compliance officers patrol the community looking for violations.

“But if they do see something that could be a violation while they are working another complaint, they can initiate action,” explained Mr. Wilson.

In May, SCHOA officials opened 2,449 cases and closed 2,632. In June the opened cases jumped to 2,726 and the closed cases went to 3,109. The higher number of closed cases includes those that remained open for multiple months before finally being resolved.

The largest category of complaints by far is for conditions of property, with 1,670 opened cases in May and 1,786 in June. The next highest category was vehicle violations, with 601 opened cases in May and 733 in June.

When a complaint is received, compliance officers conduct an inspection and determine whether there is a violation. If there is, it triggers a series of letters to the property owner notifying them of the violation, Mr. Wilson explained. If the violation is not resolved after 30 days of the first letter, a second is sent, and a third if there is still no compliance. SCHOA can assess financial recovery if the violation is not resolved after the third letter.

SCHOA officials can take the matter to court to get compliance from the property owner.

“But we try to resolve issues before it gets to that point,” Mr. Wilson said. “We have taken people to court, but that is an expensive route to take; we try to avoid court if at all possible.”

While Sun City’s CC&Rs are more simple then most HOAs, they can be difficult to interpret, according to Mr. Wilson. There are only about 20 regulations in the document. Mr. Wilson suggests residents who have questions should contact a compliance officer by calling 623-974-4718.

“They are the people to ask if the CC&Rs are confusing or if someone wants to make sure about specific rules before they proceed with something,” Mr. Wilson said.

SCHOA officials had planned this year to begin efforts to make revisions to the CC&Rs to help make them more clear and enforceable. But the effort was delayed by the COVID-19 pandemic.

“The (coronavirus) pandemic has significantly delayed our efforts to amend the CC&RS, but it has not changed our view that such efforts are needed and in the best interest of the homeowners in Sun City,” Mr. Hunter stated in a March email.

Going into 2020, SCHOA officials had planned to gather information from residents, including a door-to-door campaign. The plan to get the proposed amendments into the hands of all the homeowners and getting their subsequent approval was going to involve both volunteers and paid employees to contact every homeowner, in many cases in person, according to Mr. Hunter.

CC&R revisions are now set, although SCHOA officials will continue to listen to input. 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 and 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.