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 dialog was age restrictions in the community’s covenants and regulations. About 60 persons 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 ìno one under 55.î 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. ìSun City operates under a federal law that says at least 80% of the homes must be occupied by someone over 55,î he said. ìA person 50 or over but not 55 may purchase a home, but he or she can’t occupy it until they are 55.î
Kogen also said he has reviewed federal laws and Sun City’s covenants. ìYour covenants comply with federal law, he said. ìCurrently, Sun City is operating at a 97% occupancy rate of owners aged 55 or over,î Lee said.
A resident of Neighborhood 12 asked what the association is doing to enforce these regulations. ìAt 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,î Lee said. ìWe 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.
ìResidents need to speak up and report something if they are concerned about a age-qualification situation,î Kogen said.
Asked if Sun City’s covenants can be amended, Kogen said they can be on a favorable vote of 67% of the residents. Asked if she is aware of any movement or significant interest by residents to lower the age restriction, Lee said, ìNo, 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.î
Resident James Darow disagreed with Kogen on one aspect of the 80-20 occupancy rule. ìOur covenants who 80% of our residents are, but they don’t define who the other 20% are, they could be anybody,î Darow said. {I am not convinced that he (Kogen) clarified all aspects of the rule. ìWe define who the 55-and-older are, but I don’t believe we define who the 55-and-younger are. You have to look at what the covenants say, and what they don’t say. Darow attends board meetings regularly and says he has researched and studied Sun City’s covenants as well as the variety of federal laws pertaining to housing.
ìI bet if you ask a dozen residents at random if they fully understand our covenants regarding age qualifications, most would not be able to,î Darow concluded.
The only person to advocate dropping of the age limit was Realtor Dino Micheli, an agent with ReMax Unlimited Northwest of Huntley, who also is a resident of Sun City. He asked Lee and Bayser to consider liberalizing the prohibition against open house signs, and to lower the age limit to 50 from 55. ìI’d like to find ways to open up Sun City to more buyers, and to find homes for sale,î he said. ìIf we could put up open house signs two hours a day one day a week, it would generate more potential buyers. Prices would go up. The economy is improving, but it isn’t s good as it could be. No one is selling a house for more than they paid for it, as far as I know.î
ìThere was a meeting between Realtors and the association here two years ago, but nothing has been done since to pave the way for home sales.î
He said there were 306 homes sold in 2013, and there have been 174 closings so far in 2014. ìSales this year should reach 215 based on the number of pending closings now,î he added.
On other topics, a resident said un-trimmed parkway trees whose branches hang low over sidewalks are a major problem. ìI’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. ìI think the association should trim trees that need it and then submit the bill to home owners,î 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. ìWe have had our aquatic contractor test our water and the level of oxygen is correct,î Lee said. ìWater 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 arenít enough street lights in her neighborhood. ìThat’s a village matter, the village decides where to install lights,î 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.
