If all goes according to plan, the effort to revise Sun City covenants, conditions and restrictions will be completed in 2020.
But between now and then there is a lot of hard work to be done. Judging by some reactions at an Oct. 15 CC&R workshop in which the proposed amendments were the focus, there will be some opposition to overcome as well. Several people in an audience of about 200 residents complained about a proposed ban on new wood fences and eliminating rentals of less than 30 days.
“This is going to be a tremendous undertaking, and it will be costly,” said Jim Hunter, Sun City Home Owners Association board president. “The last time the CC&Rs were amended was in the 1990s and it took 2.5 years and cost $200,000.”
He expected the cost for the new changes would be at least the same, but he was confident a vote on the changes could take place within one year.
One woman at the Oct. 15 workshop complained vehemently about the proposed ban on new wood fences because the amendment requires property owners currently with wood fences to have them removed if they sell the property, or request a variance from SCHOA. Even though Mr. Hunter said it was likely a variance would be granted because a clause of the CC&Rs states no undue financial burden would be placed on homeowners in those situations, the woman was steadfast in her opposition. She said she would vote “no” when the time came.
A man at the meeting who did not like the idea of forcing people to remove wooden fences or request a variance, nor the suggestion allowing taller buildings on properties that back up to main roadways, said he would walk his neighborhood to convence people to vote “no.”
Two other attendees spoke against the rental limit, saying that constricted property owners from making extra income with their homes. Some residents, however, supported the rental limit. One woman said a check on a BRBO website last month showed 310 Sun City homes listed as rentals for less than 30 days.
“Our experience is that these become party houses, mostly with people younger than 55,” Mr. Hunter said. “That is something that could affect our age overlay.”
Although SCHOA officials said the proposals were in their final form, they will continue to listen to imput from residents, according to Mr. Hunter. The CC&R effort will likely come up at future SCHOA board meetings. The next one is 9 a.m. Tuesday, Oct. 22 in the meeting room at the SCHOA office, 10401 W. Coggins Drive.
“Unless something really drastic comes up, these amendments are now in their final form,” he said.
SCHOA officials must get 51% approval from each of 57 single-family home units, which include multiple homes in neighborhood clusters. There are about 17,000 single-family homes in Sun City. If any one of those units gets less than 51% approval, the amendments are defeated.
Because they have their own HOAs, duplexes, patio homes and others commonly called condominiums will not be part of the CC&R vote.
Jerry Walczak, Condo Owners Association of Sun City board president, said the number of condo associations go up and down in Sun City. At one time there were less than 300. Last year there were 386 but that dropped to 384 this year due to consolidation of associations, Mr. Walczak explained.
“Condos are subject to federal, state and county laws, their own CC&Rs, nonprofit corporation rules and others,” he said. “They are over-regulated, in my opinion.”
SCHOA was designated as the agency to enforce Sun City’s single-family unit CC&Rs, according to Tom Wilson, SCHOA general manager. He said the agency’s compliance department is kept busy throughout the year.
“There are protocols and procedures we must follow when we receive a complaint,” he explained. “We give a reasonable amount of time to resolve an issue; after that there are reimbursement fees and liens with no compliance.”
If there is no compliance after fees and liens are assessed, SCHOA officials will take legal action, according to Mr. Wilson.
“But we see that as a last resort,” he said.
Residents who do not agree with a complaint filed against them can take their case to the SCHOA compliance committee for an appeal or to request a variance. The committee then makes a recommendation to the board of directors, which makes the final decision, Mr. Wilson explained.