SCHOA Group Homes in Sun City SCHOA has recently received calls concerning group homes. It's understandable that residents have concerns about this issue. We do, too. Maricopa County refers to group homes as Community Residences, and the Arizona Department of Health Services (ADHS) refers to them as Residential Facilities. There is also special licensing that allows Sober Living Homes in residential communities. Like any housing community, SCHOA has limitations on how it can address or regulate group homes that are protected by the Fair Housing Act (both state and federal). Homes that are protected by the Fair Housing Act include those that house persons who would be considered disabled under the fair housing laws. This includes homes that would house seniors with Alzheimer’s, other neurological conditions or with other physical ailments that substantially limit one or more major life activities, have a record of such impairment, or are regarded as having that type of impairment. Disability also includes those recovering from drug or alcohol abuse. But persons who pose a direct threat to people or property are not protected under the fair housing laws, even if disabled. SCHOA is legally prohibited from deeming group homes that accommodate those who legally qualify as disabled, a violation of the non-business use restriction in our CC&R's. Enforcing the “non-business use restriction” would violate the federal and state fair housing laws that prohibit discrimination against persons with disabilities as the laws require reasonable accommodations be made. With that said, owners/operators of these group homes are still responsible to comply with the other CC&R provisions, such as adhering to the age overlay of one person 55+ living in the home, parking rules, maintaining their property, just to name a few. All group homes, regardless of size, must have a permit from the fire department and be licensed by the Arizona Department of Health Services, and no group home is permitted within 1200' of any other group home. An additional permit may also be needed from Maricopa County depending on how many are planning to live in the home. You can be assured that even though SCHOA cannot legally prevent group homes in Sun City, SCHOA will continue to monitor them to make sure all proper permitting is done and that they are also licensed with ADHS. SCHOA anticipates that a group home that provides a place for seniors needing assisted living, which must also comply with the CC&R’s, shouldn't be any different than living next to other neighbors. In closing, each Homeowner in Sun City benefits from the work SCHOA does. SCHOA is the entity vested with the legal authority to enforce the CC&R’s and all Sun City property owners are responsible for adhering to them. However, our annual $25 membership fee is not mandatory, nor is it included in the Annual Property Assessment fee that you pay to the RCSC. SCHOA receives none of that fee, but many residents think that we do and that they are members of SCHOA because they pay that assessment fee, but they are not. If you are not a member, join us and invest in your community. If you have further questions, you can contact our office at 623.974.4718 or visit SunCityHoa.org. Email HERE
Just my personal opinion but I think this is a BS excuse! So does that mean that every Tom, Dick and Harry who has a handicap parking permit can open-up a business in a Sun City home?
GROUP HOMES, not about disabled residents opening whatever types of businesses. Maricopa County Group Home Process https://www.maricopa.gov/DocumentCenter/View/6212/Group-Home-Building-Permit-Packet-Inspection-or-Alteration-PDF Building and Planning Online Permit Manager SEARCH https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx
Not necessarily talking about group homes. I'm referring to those with disabilities any disability, seem to be able too override the CC&R that says you can't run a business in your Sun City home!?!?! What if I was disabled Veteran? Could I start building furniture in my garage and sell it?
This should clarify your concern, from SCHOA statement, our CC&Rs apply to all, except for denying residency to protected groups. “You can be assured that even though SCHOA cannot legally prevent group homes in Sun City, SCHOA will continue to monitor them to make sure all proper permitting is done and that they are also licensed with ADHS. SCHOA anticipates that a group home that provides a place for seniors needing assisted living, which must also comply with the CC&R’s, shouldn't be any different than living next to other neighbors.”
Well, seems like you have more confidence in SCHOA than I do! If I remember correctly, SCHOA didn't learn about other group homes or about that request for underage occupancy until a neighbor made an inquiry to SCHOA? So you have to wonder just how intense they are monitoring things. Don't get me wrong, I'm not bad mouthing SCHOA because they typically do a good job and provide a great service, it's just that there seems to be a need for better communications between the county and SCHOA. They shouldn't have to learn about those things after the fact!
I've been writing this answer on social media sites for better than a year now. Better late than never i guess. The federal statutes have been changing for years now to address the needs of an aging population, many who don't have the financial where-with-all to live on their own. Nursing homes used to be the solution, they just became too expensive as the cost of the care to die in one of them exploded. This was a cheaper alternative. So we are really clear here, the oddity, the nuance is simply this: The Fair Housing Standards Act is the law that allowed Sun City in 1983/84 to protect our age overlay. Now it's being used to hurt the community by overriding the protections we had/have. Go figure. I would still encourage SCHOA to hold a town hall gathering to discuss this. Some may not like the tactics that could be formulated on dealing with it, but the reality is because Sun City housing is so inexpensive, we become targets for greedy owners, developers and realtors who could care less what happens within the community we love. There's always pressure points and we need to identify them and create as much angst on those who would turn Sun City into something other than what it was meant to be. The law may allow them to do it, that doesn't mean we have to turn the other cheek.
Maricopa County is responsible for implementation and supervising the federal group home laws/regulations. Should SCHOA be informed, aware and encouraged to report legitimate concerns to Maricopa? Should we, the community also be involved? Absolutely! Look how long it’s taken for an “official” SCHOA statement to be issued to the residents of Sun City about group homes. Communication MUST improve between FEDERAL, STATE, COUNTY, SCHOA and SUN CITY RESIDENTS. As long as our age-overlay, 80/20 remains in place, we are an age related protected community. We are not allowed to deny other groups, also protected by Federal Housing and ADA Acts, from residing here.
Even the statement they just put out sounded coldly impersonal. They are in a tough spot, which is exactly why we need to meet and discuss strategies that at least brings the community together. It's not a SCHOA problem, it's a community problem. Until they come to understand they are one in the same, we will remain helpless, hopeless and rudderless. They're better than that...and so are we.
Seems to me that those who are creating these Group Homes do do their due diligence and check with the country before they purchase a home just to make sure it's a viable alternative. So it's known well in advance of the purchase. Perhaps there needs to be a special purchase agreement that if your buying a home in Sun City to convert to one those Group Homes, that agreement should include a requirement that they must reveal that fact, and be charged with a much higher amount for the PIF? If we can't stop them then perhaps we can discourage them with higher costs for PIF and assessments?
Might be problematic? Can’t: Set different terms, conditions or privileges for sale or rental of a dwelling Make, print or publish any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination. Except for our legal 55+ age-related 80/20 overlay!
Well, aren't there already different terms? What happen to the requirement that requires all homes to be single family? Let's force the county permitting authority to add the allowance of those increases when they issue the permit!?
You can't have anything in the CC&Rs or any document to prohibit group homes. Federal law always wins.
This is the approved for assisted living residence for sale at 13618 N 103rd, Sun City. Video produced by first realtor, residence listed March 2023. Unlisted June 2023. Now listed on loopnet. MORE: https://www.loopnet.com/Listing/13618-N-103rd-Ave-Sun-City-AZ/27955027/
I've always understood we aren't going to change federal law. I wouldn't waste my time suggesting we can. That said, those engaged in the practice of selling, remodeling or owning these group homes are and can be subjected to organized campaigns that become embarrassing and hurt them financially. I understand full well there are those who don't give two shits about that, they do it for the profit. Realtors are especially vulnerable as are contractors who want to do business here. Owners all live somewhere, do they want a group home next door to them? There's always pressure points, always. It may not be playing nice, but neither is turning our community into something it was never meant to be simply for the almighty dollar. SCHOA's problem with statements like "oh well" will do nothing to grow their membership. Acting as conduits for change and bringing the community together will.
I don't see a group home as necessarily(*) a problem -- it all depends on how it's operated and the conduct of the residents. But we don't get to choose only the good ones, do we --- so I hope the SCHOA has their lawyers researching legal options if/when we need them. Phase 1 lots/homes mostly seem to small to convert to a profitable group home, but many Phase 2 & 3 properties are more than sufficient. And in Phase 1, would anything prevent construction that would connect two adjacent homes into one structure with sufficient capacity to make the venture profitable? (*)A few years ago a good friend (a 30-year resident of SC) moved to a group home in an upscale gated Glendale residential neighborhood where he spent his remaining life. If you drove by you would never know it wasn't a single family home -- no signage, none of the residents were ever outside except in the walled and secure backyard, and the owners strictly enforced rules regarding residents and visitors. The home had two aides present 24/7 -- they parked in the garage. Visiting nurses, doctors, etc parked in the driveway or on the street. The owners lived in the vicinity and, in fact, owned a 2nd group home one street away. We visited our friend weekly -- only once was there another family visiting when we were there. I talked to a neighbor once about having the home next door -- she said she rarely saw residents or heard noise from the home, the only issues were street parking problems during holiday periods and ambulances in the middle of the night.
After a quick search, Maricopa County had 2000 group homes 4 years ago. Chandler has 222 licensed and pending 18 months ago. Tempe 74. I'm sure there are many more now. More group homes in Maricopa County than anywhere else in the USA. Looks like Sun City is late on getting them.
There were many in Surprise, thirteen years ago, when our family needed one. Peoria had an abundance of them, too. Residential homes are good options and meet a critical need.
