OPINION: Sun City agency not exercising authority

Sun City is not an incorporated city, I know, so we don’t have a mayor or a city council.

But then who is in charge, who is the boss? As I understand it, no single person is accountable for our Sun City oasis. An organization is in charge — an organization primarily made up of volunteers — provides “for the wellbeing of Sun City through fair and universal compliance with the CC&Rs.” That organization is, of course, the Sun City Home Owner’s Association, or SCHOA. Those CC&Rs explicitly state that SCHOA “shall have the right and authority to enforce the restriction contained in this Declaration.”

My belief is that SCHOA is not exercising its rightful authority. More than 350 fiefdoms, called condo owners associations, do what they want. They have their own set of CC&Rs and choose to implement (or not) at will. These fiefdoms are not accountable to anyone, not even SCHOA. The HOA only gets involved if an individual association requests their assistance or a unit owner in that association complains directly to SCHOA.

The HOA cannot be proactive (e.g. they do not patrol for violations) for they are simply not staffed to do so. They say owners are their “eyes and ears” in Sun City. That unit owners must let them know of potential CC&R violations so they can appropriately followup.

However, the reality is that only problems within that owner’s association have standing with SCHOA. If one sees an apparent violation on another association’s turf, SCHOA totally disregards them. You can only blow the whistle on apparent violations within your fiefdom. Furthermore, if a fiefdom’s board of management chooses to not enforce their CC&Rs, and none of that fiefdom’s owners object, that owners association can do anything they want.

How can the “wellbeing of Sun City” be assured by an organization that cannot enforce the rules without the express permission of the fiefdoms. A classic example, I believe, of the tail wagging the dog.

Rich Andrews

Sun City

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