THESE AMENDMENTS PROPOSED AT THIS TIME, THEY ARE NOT ENFORCEABLE. The existing, enforceable CC&Rs can be found here.
The Board of Directors of the Sun City Home Owners Association is proposing changes to the existing CC&Rs (Covenants, Conditions and Restrictions) which were first adopted in 1963 and last amended in the late 1990’s. These are only Proposals and will need the approval of 51% of the single-family home owners of Sun City, before they can be adopted. The anticipated adoption date will be in 2021. We are currently planning the voting for the Proposed Amendments, if you have any questions please send us an email at firstname.lastname@example.org or call 623-974-4718.
Proposed Amendments to the Sun City CC&Rs Explained:
- Item II, Age Restriction: Add provision granting variance to a surviving spouse who is under age 55 should the age-qualified spouse die or be moved out of the home for medical reasons. NOTE: Currently a surviving spouse if under 55 would be in violation of the CC&Rs and could be asked to move. This provision would protect that surviving spouse provided that they not violate the age restriction in any other way, i.e. no one else under 55 would be allowed to reside at that residence.
- Item IV, Construction Standards: Added language that allows gazebos and outdoor living areas under defined conditions, while eliminating old language referring to servants’ quarters. NOTE: Community input strongly supports acceptance of gazebos and things like outdoor kitchens, which prior to this language change were prohibited. Such structures must meet all other requirements in the CC&Rs.
- Items V and IX, Setbacks and Fences: Both of these provisions would be amended to state that setbacks and fence heights will be in accordance with county codes. NOTE: Currently our setbacks and fence height limitations are in conflict with county codes. An argument could be made that our CC&R provisions in these areas are obsolete. There is often conflict when a homeowner gets a county building permit that violates the CC&Rs. By tying our rules to the county, we will eliminate that conflict. This will allow under some conditions, 8 foot fences, which impacts the proposed amendment to Item X below. Fencing restrictions on lake properties would not be changed.
- Item VI, Vehicle Restrictions: Amendments to this section include corrections to language and incorporating prior Board Resolutions / Clarifications into the text of the document. In addition, inoperable vehicle restrictions were moved to this section from XI, Condition of Property. NOTE: Existing language was not clear. Wording to be changed to clearly reflect what is currently being enforced, including no parking on the landscaped portions of a lot, no street parking in excess of 72 hours in a 30 day period, and commercial vehicles continue to be prohibited. Amended language makes it clear that inoperable vehicles are not permitted in driveways, on the streets, or in carports. RV’s are limited to 72 hours at a lot.
- Item VII, Commercial Use Restrictions: Added a single provision stating that rentals of 29 days or less are prohibited and constitute commercial activity. NOTE: Operating a business from the home is not allowed unless it is invisible. It cannot be detected by sight, sound, or smell. This has not changed. The provision specifying no rentals of 29 days or less incorporates language used across the county by municipalities and HOA to control or prohibit short-term rentals.
- Item X, Detached Structures: Incorporated language from previous Board Resolutions into the document which limits height of detached garages to the height of the original home on a property. Also clearly stated requirement for a driveway to detached garages and they must meet Construction Standards in Item IV and Setback Requirements of Item V. Detached structures other than garages or pergolas or gazebos are only permitted if they are screened or fenced from view from neighboring properties, the street, golf courses, or lakes. NOTE: Prior to this amendment no detached storage sheds of any kind were permitted. With the amendment, they are permitted if they are not able to be seen; see changes to Item IX. For detached garages, the amendment sets limits on height, which today do not exist, and requires such garages to meet construction and appearance standards.
- Item XI, Condition of Property: Amend language to more clearly define responsibility of foliage that infringes onto a neighbor’s property. This Item continues to contain a provision that makes it clear that it is a violation to do anything to a property that materially detracts from the appearance (value) of neighboring properties. NOTE: Prior to amending this language it was unclear who was responsible for a bush or hedge or tree that grew over onto neighboring property; it is clearly the responsibility of the owner of the bush, hedge, or tree.