When you purchased your Sun City home, you should have received a set of covenants, conditions and restrictions at closing.
CC&Rs are created and equitably enforced to help communities such as Sun City continue to support the investment you have in your home and to protect your property. The deed restrictions indicate what you can and cannot do with the property you own in Sun City.
The Sun City Home Owners Association is charged with ensuring compliance with the CC&Rs. SCHOA’s mission statement says, “To provide for the wellbeing of Sun City residents.” Implied in this mission is the directive that SCHOA shall ensure compliance with the CC&Rs, including legal action but only after all other avenues have been exhausted for the following reasons.
When we first moved into our home in Sun City 12 years ago, we were told that Sun City had CC&Rs that governed what could be built in Sun City. We were told that SCHOA was charged with the authority to enforce them. We now find out that portions of the Sun City CC&Rs, in the form of clarifications, are not enforceable because they did not go through the proper process for revising CC&Rs.
I found this out when contacting SCHOA complaining about the gigantic garage being built at 9302 W. Manzanita Drive. This is on the northeast corner of Manzanita Drive and Spanish Moss Lane. The garage is bigger and taller than the house on the same lot, big enough to house an 18-wheel semi-truck. Come see this, you will be shocked to see this. Then ask yourself if you would like it if your neighbor built one, too.
I contacted Mike Fisher, SCHOA compliance officer, who suggested we hire a real estate lawyer to see if there was anything that could be done.
I contacted Rick Gray’s office. He is our Arizona state senator and was a SCHOA board member. He is also a Sun City homeowner. The response I got from his office was there was nothing he could do about it and suggested contacting SCHOA.
Why do we have CC&Rs if portions of them are not enforceable. Why do we have SCHOA if they cannot ensure compliance with the CC&Rs. Is a class action lawsuit against Sun City the only way we can get any results with this problem?
Editor’s Note: The Independent welcomes all points of view. Email your opinions, pro or con, to AzOpinions@iniusa.org.