Governing Board News
Sun City West owner members whose dues are current are encouraged to vote online during the March Governing Board election. Those who do not vote online are invited to vote in person on Election Day, March 30, in the Data Resource Center at the Library.
If you have not voted online in a past election in Sun City West, or you’re not sure if we have your email address on file, you must register prior to March 11 in order to vote online. Registering is as simple as providing us with an email address before the deadline:
- Before March 11, 2020 – Send an email to email@example.com. In the body of the email include your name, rec card number and the email address you want to register.
- Before March 23, 2020 – Add firstname.lastname@example.org to your email address book or your “safe sender’s” list to ensure your emailed ballot is not blocked by your email provider. That emailed ballot, containing an individualized link for the voter, will be sent on March 23. All online votes must be cast by March 27.
If there is more than one owner member in a household, each person voting online must have their own email address. A verification email will be sent to all those registered early in the morning of March 4.
If you need assistance with registering online or have questions about a unique situation, please call Governing Board Executive Assistant Karen Roepken at 623-544-6115.
Those who prefer to vote in person can come to the Data Resource Center at the R.H. Johnson Library from 10 a.m. to 3 p.m. March 30. Please remember that a rec card must be presented when voting in person.
Two candidate forums will be held so residents can meet the individuals running for the Rec Centers’ Governing Board in March’s election. Residents are invited and encourage to attend one or both.
The first forum will be held in the Lecture Hall at the R.H. Johnson Rec Center from 9 to 11 a.m. Monday, March 9. For this format, index cards will be provided for audience members who wish to write down questions to be asked of the candidates. Each candidate will have five minutes to make an opening comment and then the moderator will ask them questions, including questions from the collected index cards.
The second forum will be Wednesday, March 18, in the Agave Room at Beardsley Rec Center. This forum will begin at 6 p.m. Refreshments will be served and residents can mingle and chat with candidates until 6:30 p.m. when candidates will have five minutes each to make a presentation. After the presentations, candidates will remain available until 8 p.m.
Videos of opening and closing statements made by candidates at the first forum will become available through links at suncitywest.com/2020-election and facebook.com/suncitywest on Thursday, March 12.
The Governing Board modified the following policies in recent meetings. All policy changes are voted on during open meetings, which members are encouraged to attend. For more information on meetings or the Governing Board, please visit the Board’s informational webpage.
Residents are invited to the Annual Membership Meeting at 9 a.m. Thursday, June 27, in Palm Ridge Summit Halls. This meeting is designated every year for members to share their thoughts and concerns on any RCSCW issues. No postcard will be sent to households this year as the notice in the home-delivered Rec Center News will serve that purpose. The agenda will be posted at gb.suncitywest.com 48 hours in advance of the meeting.
Approval would ease deadline constraints; would not affect member rights
By BRYAN WALUS
Vice President, RCSCW Governing Board
In our March election, along with voting for three new Governing Board Directors, you will be asked to vote on a proposed change to our Bylaws.
Most Bylaw changes are approved by the Governing Board you elected to represent you. However, there are a handful of specific Bylaw categories that the Governing Board must have approval by a vote of the Membership in order to change. The proposed Bylaw change that will go before you in March deals with one such category – notifications to owner members of intent to modify Bylaws (section 9.2).
Summary of what is being proposed
Currently, notifications about proposed Bylaw changes must be announced in the Rec Center News 30 days before the Board votes on those changes. The proposed notification Bylaw change would still provide notice on the Association’s website for 30 days and would allow for notification in other electronic and print media. However, the proposed change would reduce the Rec Center News notification to “at least 10 days” to accommodate the publication’s cumbersome deadline. The proposed change would also remove the requirement that the Board formally vote on moving forward with a notification at Regular meetings, which are held only once a month.
The proposed Bylaw changes are not intended to reduce members’ notification or involvement in the Association’s governing process, but rather are intended to acknowledge the popularity of electronic media that didn’t exist or weren’t widely used when the Bylaws were written. The changes would allow the Board to more efficiently conduct business during its 10 months of activity each fiscal year before a new Board is seated the following June.
Benefits of Member Approval of this proposed change
- Members would still get 30 days advance notification of proposed changes.
- Members would still have input prior to the Board voting on proposed changes.
- The Governing Board’s powers would still be limited, per the Bylaws.
- Members would still be able to initiate Bylaw changes in the same way they can now.
- Members could still petition to block proposed Bylaw changes to which they object.
Key Points Members need to understand regarding this proposed change
A YES VOTE will mean the Board:
- May indicate its intent to amend the Bylaws at a subsequent scheduled Board meeting “by providing notice in electronic and Association print media.”
- Must provide 10 days notice in the Rec Center News of proposed Bylaw changes
- Must provide 30 days notice on the Association website of proposed Bylaw changes
A NO VOTE leaves the Bylaw unchanged meaning:
- The Board “at any regular meeting may indicate its intent to amend” the Bylaws.
- Must provide at least 30 days notice prior to taking action. Such notice shall be placed on Association bulletin boards, the website, and in the Rec Center News.
I hope our Members will recognize the benefits of approving this Bylaw change to keep up with the times while retaining all current Member rights regarding Bylaw changes.
Editor’s note: The Governing Board has approved the following fine schedule as Policy L8 and is sharing it here for residents’ information:
RECREATION CENTERS OF SUN CITY WEST, INC.
POLICY STATEMENT – L 8
Corrective Fines and Schedule of Non-Compliance Fines
1.1 Recreation Centers of Sun City West, Inc. (the “Association”), an Arizona planned community association, has the power and authority to enforce compliance with the various recorded CC&Rs in Sun City West, and does so as much as possible by seeking voluntary compliance. The goal is to keep Sun City West as a premier retirement community by keeping properties maintained.
1.2 Sun City West Property Owners and Residents Association (“PORA”), a separate entity, responds initially to homeowner complaints about many types of violations on the lots and seeks compliance. At an appropriate time, the Association will take action to enforce property violations referred by PORA. The Association may take action at any time independently of PORA, or before PORA completes its normal process.
1.3 The Association Governing Board has the power of a planned community association to impose non-compliance fines for violations of the CC&Rs in Sun City West. The Association, when imposing monetary penalties, reserves the right to enforce the community’s restrictions in any other legal manner.
2.0 Policy and Fine Schedules:
2.1 The following fine schedule and procedure is intended to be a guide only and is not intended to create any rights.
2.2 The Governing Board reserves the right to impose a non-compliance fine on the first date of a violation, to accrue the fine daily or bi-weekly based on the type of violation, until the violation is cured, and to impose fines in amounts in excess of those set forth in this schedule.
2.3 RV Parking Fine Schedule. The general fine schedule listed below (in 2.4) does not include violations for the parking of recreational vehicles (this includes RVs, mobile homes, trailers of any type, boats or any other type of recreational or commercial vehicle) parked on any lot, street or common area in any subdivision over the allotted 72 hours/calendar month as per the CC&Rs. The hearing process in 2.4.6 does apply to RV violations.
2.3.1 The fine for these violations is $25 for each day the violation exists.
2.3.2 The Association may in its discretion provide a First Notice stating that fines will not start until a later date.
2.4 General Fine Schedule. Fines/procedure for all other CC&R violations are as follows:
2.4.1 FIRST NOTICE: An initial notice of the violation observed by inspection shall be mailed to the homeowner requesting compliance within approximately 14 days – by the next inspection – NO FINE.
2.4.2 SECOND NOTICE: If the violation still exists after a second inspection a second notice requesting compliance prior to the next inspection date (14 days) shall be mailed to the homeowner. The homeowner will be advised that a $50.00 non-compliance fine will be charged with a third notice, giving the homeowner the opportunity to appear for a hearing before the Board.
2.4.3 THIRD NOTICE: If the violation still exists after a third inspection, a third notice requesting compliance shall be mailed to the homeowner advising that a $100.00 non-compliance fine will be charged to the homeowner for each 14-day period that the violation is not corrected.
2.4.4 CONTINUING VIOLATIONS: If the violation continues without resolution after the third notice, a non-compliance fine of $100.00 shall be assessed every 14 days until the violation is resolved. In addition, the Association shall have the right to take any legal or equitable remedy, including seeking an injunction or suing for a money judgment.
2.4.5 REPEAT VIOLATIONS: A Repeat Violation is defined as the same type of violation occurring within a one-year period from the date of compliance with respect to the prior violation. There will be no courtesy “First Notice”. The homeowner with the Repeat Violation will receive the “Second Notice” above, giving the homeowner an opportunity to appear for a hearing, with a $50.00 fine if the violation is not corrected within 14 days. Thereafter, the procedure continues as above.
2.4.6 HEARING PROCESS: When a homeowner wants a hearing related to a violation and non-compliance fine, the homeowner must send or deliver a written request for a hearing with the Board so that it is received within 14 days of the Second non-compliance fine notice.
126.96.36.199 The homeowner shall demonstrate extenuating circumstances, which require deviation from the CC&R’s and/or guidelines.
188.8.131.52 The written request for hearing or verbal testimony shall include all pertinent backup information to support the existence of the extenuating circumstance.
184.108.40.206 All decisions of the Board after the hearing are final and may not be further appealed.
220.127.116.11 The homeowner will be given written notice that the hearing is scheduled and may be called as well.
18.104.22.168 The hearing shall be held in Executive Session, subject to the right of the homeowner to request an open meeting pursuant to Arizona law.
22.214.171.124 The Chair will introduce all parties.
126.96.36.199 Homeowner will have the opportunity to be heard for 20 minutes.
188.8.131.52 The homeowner who is appearing will be asked to state their case and present any documentation that is applicable.
184.108.40.206 The Board will have the opportunity to ask the homeowner specific questions regarding the homeowner’s objections to the non-compliance fine and/or the finding that a violation exists.
220.127.116.11 Upon completion of the question and answer period, the Chair will state that the appeal has been heard and the Board representatives will make their decision in closed session.
18.104.22.168 Then “Written Notice” will be given to the homeowner of the Board’s decision within 14 days, but failure of the Board to do so within that time period shall not be deemed a waiver, nor shall failure of the homeowner to actually receive the Notice.
22.214.171.124 If the homeowner’s objection to the non-compliance fine and/or existence of a violation is denied, the homeowner must bring the violation into compliance within 14 days, or such other longer time as the Board states in the Written Notice above. If the violation still exists after 14 days, the homeowner will be subject to a $100.00 non-compliance fine continuing every (14) days until the violation is corrected. In addition, the Governing Board may seek legal action to remedy the violation.
2.5 INJUNCTIVE RELIEF. If a violation is not cured after the Third Notice, the Board of Directors may request the Association’s General Counsel to file an action seeking Injunctive Relief against the Owner to cure the violation(s). However, this Fine Policy shall not limit the Board of Directors’ right to seek immediate Injunctive Relief at any time regardless of the presence or absence of notices or fines hereunder, for any violation that the Board of Directors determines in its sole and absolute discretion.
2.6 As permitted by recorded declarations for the various unit subdivisions, the Association may enter properties to remove weeds or debris, and charge the homeowner.
2.7 BOARD DISCRETION: Notwithstanding the above provisions of the violation policy, the Board at its sole discretion may at any time assess a fine in an amount up to $1,000 for any incident the Board deems to be egregious, dangerous, that may threaten the life, health, safety, or welfare of any person, resident or owner, or that causes detriment or damage to any Association or other homeowner’s property. The Board may levy this fine despite any past violation history or lack thereof.
The Board of Directors shall consider the fines set forth in this Fine Policy and schedule to constitute damages sustained by the Association, and they are intended to compensate the Association for the administrative burden of addressing the violation and the adverse impact of the violation on the community.
The Board of Directors reserves the right to deviate from the fine amounts set forth herein if, after a hearing on the matter, the Board finds good cause to reduce the amount of the fine levied in a particular case.
2.8 COMPLAINTS CONCERNING VIOLATIONS: The Association encourages Owners and Residents to report an alleged violation directly to PORA, 13815 W. Camino de Sol, Sun City West, AZ 85375, for that organization’s initial investigation and voluntary compliance efforts.
The Recreation Centers of Sun City West Governing Board is considering a bylaw change that would eliminate its Long-Range Planning Committee and make that effort a function of the entire Board.
The Board expects to vote on the issue at its Dec. 20 regular meeting, which begins 9 a.m. in the Lecture Hall at R.H. Johnson Rec Center, 19803 R.H. Johnson Blvd. The community is invited.
The Board had considered a proposal to eliminate the Sports Pavilion and Bowling Committee as well, but decided at a September meeting to hold off on that effort and instead focus on finding a way to redefine the committee to make it more meaningful. The board will be exploring options to revise and renew that committee.
As for Long Range Planning, the proposal to eliminate the committee does not mean long-range issues will not be explored. But rather, those important community issues will first be examined by the Board as a whole. The Board will look at an individual topic, decide if it warrants further investigation, and if so, will send it to a Special Committee for study and reporting back. The Board already is looking at community transit and transportation; and plans to look at topics such as “Sustainability of Golf,” and “Alternative Income Sources.”
As a reminder, the Board is working to improve its community outreach in the coming year by holding the first GM Ops meeting of every month at a different RCSCW location in the community.
The Oct. 8 meeting, which begins at 1:30 p.m., will be held at the Women’s/Boomers Club room at Kuentz. The Nov. 11 meeting, also beginning at 1:30, will be held in the Acacia Room Palm Ridge. Check gb.suncitywest.com for additional dates and locations.
The Recreation Centers of Sun City West’s Search Committee invites residents to share their input as to what they would like to see in the Association’s new general manager.
Residents may send an email to email@example.com and include the top three characteristics/qualifications they would like the new general manager to possess. This can include experience, traits or focus areas. Please keep comments constructive and forward-thinking.
Send emails with your input to firstname.lastname@example.org by 3 p.m. Friday, Sept. 14. Please put “GM Search” in the subject line. All emails must include the resident’s name and rec card number to ensure only residents are providing input. Comments will be kept confidential.
The Search Committee will evaluate the community’s input as it moves forward in its search. The Governing Board expects to make a decision on the position by Dec. 1, with the new general manager starting Feb. 1, 2019.
By JIM SLOAN
Governing Board President
The news is out! Our long time General Manager Mike Whiting has announced his retirement date, Feb. 1, 2019. He chose that date because it represents 50 years in the business of helping people have fun in recreational pursuits. An admirable acknowledgement to say the least!
But that begs the question: What now? Well, the Recreation Centers of Sun City West’s bylaws are very instructive about what now.
The Governing Board president (with consent of the Board) is charged with appointing a Search Committee made up of Governing Board and community members (a minimum of seven), one of whom is appointed as chairperson. The committee is tasked with conducting a national search to find at least three candidates for the Governing Board to consider as the new General Manager.
I am very pleased to announce that Terry Hamman, a past Governing Board president, has agreed to serve as the chairperson for the Search Committee. Joining Terry from the current Board will be George Kutchyak and Tim Hurley. The remainder of the committee will be made up of community members who will be named in the next several days.
So, Mike is retiring! But life goes on and because most of us have retired, we can feel empathy for Mike as he moves to the next chapter in his life. We will certainly miss him. He has proven himself a very good advocate for our community, and I am happy to say he has become a friend.
We also will move on as a community. I am reminded that William Booth, the founder of The Salvation Army, following a very successful event said to those assembled: “That and better will do.”
Mike has set the standard for our Rec Centers. We will build on the great work that Mike has done because I also believe “that and better will do!”
I will keep you posted as developments occur.