As we move into summer, many residents will make changes and improvements to their property, most of these projects will be submitted to the Modifications Committee for review and approval. The sole function of the Modificationâs Committee is to assure that all exterior changes to our homes and yards are in accordance with the Design Guidelines.
After reviewing a modification submission, the Committee can either: 1) approve it as submitted, 2) approve it with noted qualifications, or 3) not approve it. There are usually three reasons the Committee does not approve a submission.
1) The proposed modification is not permitted in Sun City and is not covered as a permissible change in the Design Guidelines.
2) The committee has limited authority to approve certain modifications intended to be implemented outside the privacy area. These projects are usually hardscape (water features, structures, etc. as opposed to landscape). The privacy area is the portion of a residentâs property inside the Base Setback Line (BSL) as shown on the plat of survey. At the rear of the house, the privacy area is either 12â from the foundation or the BSL, whichever is greater. Hardscape projects that fall outside the privacy area need to be submitted to the Sun City board for review and approval.
3) Most projects that are rendered âNot Approvedâ are because the resident did not submit all of the required documents. The Design Guidelines detail the submission requirements, which usually include an application form, the project drawn on a plat of survey, brochures or photographs of hardscape features (fences, pergolas, trellises, water features, etc.), neighborsâ consent forms (if the project is outside of the privacy area), and, in the case of attached homes, an irrigation form. Failure to submit any required documents will result in the project being marked âNot Approved.â If residents are unsure about the submission requirements, it is helpful to visit the CAM desk and discuss the project with Amy Essig (Community Standards advisor). Some residents complain that the Modification Committee âdoesnât approve anything.â Actually, the committee approves well over 90% of properly submitted requests.
The Community Standards advisor has authorization to approve certain projects, eliminating the need for them to be reviewed by the committee. These modification projects include: storm doors, invisible fences, solar tubes, front doors, awnings, driveway ribbons, and garage door windows. These projects still require all the necessary submission documents.
The Modifications Committee is occasionally confused with the Covenants Compliance Committee. These are two separate entities. The Modificationâs Committee reviews projects before they are implemented. The Covenants Compliance Committee has enforcement responsibilities to see if projects are completed as approved and also looks for unapproved changes to properties.
The Design Guidelines were, by and large, part of the governing documents put in place by Del Webb/Pulte and transferred to the Home Ownerâs Association. The Sun City Board and legal counsel can sometimes clarify rules that are ambiguous or not clearly written, but any significant changes to the Design Guidelines need the approval of the 60% of the property owners (1 vote per property). That is 60% of all properties not 60% of the votes cast. If a household fails to vote, it counts as a ânoâ vote.
A rule the Modifications Committee feels would benefit from revision in order to prevent abuses is the issue of having to obtain neighborsâ approval for projects that fall outside a residentâs privacy area. Currently a neighbor can refuse to give approval for any reason or no reason â even if the modification project meets all the requirements in the Design Guidelines and would otherwise get the committeeâs approval. The Committee has observed over the years that most times when neighbors refuse to grant permission, their objections are frivolous and often lead to ill will between neighbors. The Modification Committee would like to have dissenting neighbors be required to put their objections in writing; doing so would make it clear that their objections are valid concerns and not expressions of petty personal squabbles or having the power to become the neighborhood bully. Having objections in writing would also help the Sun City Board to fully evaluate a residentâs appeal to overturn a frivolous or unwarranted neighborâs objection.
The Design Guidelines also fails to address some modifications that are gaining in popularity, such as rain barrels and raised garden beds, or likely to be encountered in the future such as solar energy devices. It is anticipated that standards for these types of projects will be part of the Design Guidelines when they are next reviewed.
Before submitting a modification request, residents are encouraged to read the Design Guidelines, especially the submissions requirements sections, and turn the request with supporting documents in early so the Community Standards Advisor has an opportunity to review them before they go to the committee. Rushing in at the last minute with an incomplete submission results in the project being marked âNot Approvedâ and requires it to be submitted a second time.
â Modifications Committee
