Age restrictions in Sun City, parkway trees, the recent fish kill in the community’s lake and streams, street lights, and home sales were the main topics at the most recent community association town hall meeting in Drendel Ballroom.
Main topic of the dialogue was age restrictions in the community’s covenants and regulations. About 60 individuals showed up, and association board president Bonnie Bayser and Executive Director Lauren Lee presided. Providing technical and legal input was Rob Kogen, an attorney who represents many area active adult communities. In sequence, here’s how it went:
Kogen described the community age-restriction covenants and revealed that they aren’t as simple as “no one under 55.” He said at least one occupant of a Sun City dwelling unit must be 55 or over, and no one under the age of 19 may occupy a home for more than 90 days. These restrictions apply to renters as well as owners, and there are differences between the definitions of occupant and owner, he added.
For example, if an owner over 55 dies, a legal occupant under 55 may continue to live in the same home, but may not buy a different one in Sun City until he or she is 55.
“Sun City operates under a federal law that says at least 80 percent of the homes must be occupied by someone over 55,” he said. “A person 50 or over but not 55 may purchase a home, but he or she can’t occupy it until they are 55.”
Kogen also said he has reviewed federal laws and Sun City’s covenants. “Your covenants comply with federal law,” he said. “Currently, Sun City is operating at a 97 percent occupancy rate of owners aged 55 or over,” Lee said.
A resident of Neighborhood 12 asked what the association is doing to enforce these regulations. “At a closing of a home sale, we ask for a copy of the driver’s license of the buyers, and for a copy of a rental lease,” Lee said. “We have a large database, and I feel we are on top of the problem of monitoring and enforcement. Fines are levied if we discover violations. Renters have to obtain activity cards, and if they don’t, that triggers an investigation.
“Residents need to speak up and report something if they are concerned about a age-qualification situation,” Kogen said.
Asked if Sun City’s covenants can be amended, Kogen said they can be on a favorable vote of 67 percent of the residents. Asked if she is aware of any movement or significant interest by residents to lower the age restriction, Lee said, “No, not that I’m aware of. I’ve spoken to a couple of residents who have casually expressed those sentiments, and I’ve talked to members of the board of directors, and we decided to hold this meeting to talk about all aspects of the age limits.”
On other topics, a resident said un-trimmed parkway trees whose branches hang low over sidewalks are a major problem. “I’d like to see more enforcement of the rule that owners are required to trim their trees to allow pedestrians clear passage without having to duck or dodge around low-hanging branches.
“I think the association should trim trees that need it and then submit the bill to home owners,” he said.
A few residents asked about the status of the cleanup and testing of water samples after the recent fish kill at Wildflower Lake and nearby streams. “We have had our aquatic contractor test our water and the level of oxygen is correct,” Lee said. “Water samples are still being tested, and we will pass along the results as soon as we receive them. The chemical that got into the streams and came into the lake from the fire and accident on I-90 is used in laundry detergent. The village’s drinking water has not been affected, and the chemical contamination is not airborne.”
A resident who rides her bicycle a lot said there aren’t enough street lights in her neighborhood. “That’s a village matter, the village decides where to install lights,” Lee said.
The next town hall meeting is August 27, and the next board of directors meeting is 1 p.m. Aug. 20. There are no decisions made at town hall meetings, but there is a lot of communication among board members and Lee.
