Governing Board News
Incoming Governing Board President George Kuchtyak announced new Committee assignments, effective July 1.
The Governing Board is comprised of nine volunteer members who serve staggered three-year terms. At the beginning of each new fiscal year, which runs July 1 to June 30, chairs for each of the Board’s standing Committees are announced.
Kuchtyak announced the following Committee assignments during the Association’s Annual Membership Meeting on June 25.
- Sue Fitzsimons, who will be Vice President in 2020-21, will chair the Sports Pavilion and Bowling Committee.
- Incoming Director and 2020-21 Treasurer Anne K. Brown will chair the Budget and Finance Committee
- Donna Maloney, who will serve as Secretary next fiscal year, will continue as chair of the Chartered Clubs Committee.
- Director Bob Carneiro will take the helm of the Golf Committee.
- Incoming Director Roberta Davidson will serve as Properties Chair.
- Incoming Director Sharon Hettick will serve on special assignments as Community Leadership Liaison.
- And Director Jim Young will also serve a special assignment as PORA Liaison.
Those Directors whose terms end on June 30 are President Jim Sloan, Tim Hurley, and Bryan Walus.
The Board has an open application for members interested in serving on a Committee. Visit here to apply.
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.
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.
18.104.22.168 The homeowner shall demonstrate extenuating circumstances, which require deviation from the CC&R’s and/or guidelines.
22.214.171.124 The written request for hearing or verbal testimony shall include all pertinent backup information to support the existence of the extenuating circumstance.
126.96.36.199 All decisions of the Board after the hearing are final and may not be further appealed.
188.8.131.52 The homeowner will be given written notice that the hearing is scheduled and may be called as well.
184.108.40.206 The hearing shall be held in Executive Session, subject to the right of the homeowner to request an open meeting pursuant to Arizona law.
220.127.116.11 The Chair will introduce all parties.
18.104.22.168 Homeowner will have the opportunity to be heard for 20 minutes.
22.214.171.124 The homeowner who is appearing will be asked to state their case and present any documentation that is applicable.
126.96.36.199 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.
188.8.131.52 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.
184.108.40.206 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.
220.127.116.11 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.
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.
The Recreation Centers of Sun City West Governing Board wrapped up a recent training session by developing six goals for 2018-19.
The goals capped two days of training July 9-10 at Palm Ridge Recreation Center where new and continuing directors learned about Association Bylaws, non-profit law, open meetings laws and more. They discussed communication strategies, committees, changing demographics, capital needs, and other general topics.
The Board concluded by developing six goals to guide them in the next fiscal year. Because the two days were a training session and not a regular meeting, the goals were not formally approved. That will have to occur at a regular Board meeting. Those resume in September.
However, the general consensus among the eight Directors in attendance was that they wanted to work on the following:
1. Review the Standing Committees and their charters in the Bylaws
2. Train Committee Chairs on their roles
3. Review plans for the future and determine next steps
4. Review the Space Utilization Study, and communicate recommendations via Committees; work with staff to implement
5. Complete Bylaw review. Determine if a community vote is necessary on any of the proposed changes
6. Improve the Board’s visibility/communication in the community
The newest and ninth director, Anita DeGumbia, was selected on July 9 to fill a vacancy on the Board. She was unable to attend the training.