September 06, 2011 |
The RCSC Board of Directors recently revealed that they have been considering bylaw amendments. “During my election it was no secret that I wanted to address the concerns Sun City residents had been expressing regarding the ‘two card’ issue,” stated Cord Angier who started his three year term on the Board in January 2011. After months of obtaining data, discussing unintended consequences and researching benefits and drawbacks, the RCSC Board is prepared to release changes being considered to RCSC Bylaws.
In all considerations following, please note that up to two cards would be provided as a part of the annual property assessment regardless of the assessment basis.
Underage Owners: Currently, RCSC has 2,244 owners (5%) under the age of 55 years old. Of those 320 are Members through the spousal exemption, of which 63% are currently 51 years or older. It appears that the spousal exemption was adopted as a result of the Maricopa County Senior Citizen Overlay Zoning Ordinance which became effective June 1984. The ordinance does not allow an underage owner to continue to occupy the property if the qualifying owner should no longer reside there unless the underage owner is a spouse. While it is impossible for RCSC to determine exactly how many underage owners would qualify, (400 max) the RCSC Board of Directors is proposing that if any underage owner, regardless of marital status, meets the qualifications as currently outlined in the bylaws to obtain the spousal exemption, such underage owner shall be considered a Member with voting privileges and use of the facilities provided that two Member cards have not already been issued for that property.
Spouses Who Are Not Deeded Owners nor Trustors, Grantors, or Settlors of the trust who own the property, however, meet every other qualifier (occupancy and age) may be entitled to a RCSC card, free of charge, provided that the annual assessment is on a per property basis, the other card issued on the property is to their spouse, and they can provide a license as documentation of their marriage.
Lifetime Use is granted through a trust document generally to spouses who are not beneficiaries of the trust. This is done so that a spouse can be guaranteed they will have a place to live for their lifetime despite the fact that the property will become owned by the beneficiaries of the trust when the Trustor/Grantor/Settlor passes. The Board’s intention is to provide the same benefit as described above in “Spouses Who Are Not Deeded Owners,” however, this benefit will extend past the death of the spouse who was the Grantor/Trustor/Settlor of the trust until such time the lifetime use clause has expired.
Tenants, renters, lessees, occupants of property in Sun City (non-owners) have the option to purchase annual or 30, 60 or 90 day privilege cards. The Board has no intention of changing this policy and here is some information that may help you understand why.
The RCSC Board of Directors has a fiduciary obligation to maintain RCSC assets. Annual assessments are set by the Board at a rate that ensures those fiduciary obligations can be met. To cover the privilege card income budgeted for 2011 ($465,449),it would require an increase in assessments of $10 annually for those on a per person basis and $20 annually for those on a per property basis.
Non-owners have no personal investment if they are not required to pay for the privilege to use RCSC facilities, which is believed to bring more value, care and consideration to that privilege. In view of RCSC’s recreational, social and fitness facilities available, the annual cost of a privilege card is very reasonable, one-half of the annual property assessment per person.
All owners benefit from higher property values as a result of the recreational facilities, golf courses and other amenities provided by RCSC, therefore, an owner receives value regardless if cards are issued as a result of the annual property assessment. In addition, any investor who has purchased property in Sun City for occupancy by someone other than themselves has done so understanding that the overall cost is very fair and equitable as the combination of Sun City property taxes and RCSC annual assessments is considerably lower than other surrounding area’s property taxes alone.
“Although I was only elected to a one year term,” confirmed Carole Martinez, “it is very important to me that we address these issues and get resolution to them before my term has ended, although I hope to be re-elected there is no guarantee.” The Board has directed GM Jan Ek to begin writing amendments to the bylaws to adopt these new guidelines.