Uncle in Sun City West wants to will us his house but we are not over 55: Questions: (Maricopa: homeowners association, lawyer)

[FireKwame]

My husbands elderly Uncle has just informed us that he wants to give my husband and my husband's sister his house in Sun City West. It is in a 55 and over community. He has no children.

My sister-in-law is recently divorced and is considering moving in with the Uncle as he really needs somebody around now since he was recently widowed and is in poor health. He is 88, my husband and I are in our 40s and my sister-in-law is 40. She also happens to be a nurse, so it could work out great for everybody (we hate the idea of him being all alone, but my DH and I are not ready to move right at the moment)

We have so many questions...what happens if the Uncle adds my DH and/or sister-in-law to his deed and then he dies? Is she/they forced to sell the house or must it be rented out until somebody hits 55...or what? What if it is put on the market but does not sell? I know they make exceptions for widows under 55. Is there a way to file for an exemption? If not, how long do you have before you must vacate the property? There are no people under 40 involved in any way. Uncle claims people "will not make waves" as long as you get along well with the neighbors and take good of things, but that sounds iffy to me.


BTW the house is about 25 yrs old and is NOT in a gated community, if that matters.

Any help is appreciated. I tried to call a few SCW numbers but nobody I spoke with seemed to know where to point me. I even e-mailed to SCW Visitors Center and never got a response.

Other than all that where does one find the SCW general ordinances? It's strange I can find info on every city EXCEPT SCW.

[nitram]

Covenants, Conditions & Restrictions

Among the key CC&Rs that Sun City West property owners are to follow are:

- One member of the household must be at least 55 years of age and no one under the age of 19 may reside in SCW. Visiting children may stay a maximum of 90 days in one year.

- No motor home, boat, RV, trailer, bus or commercial vehicle may be parked at a residence for more than a total of 72 hours in any one month, and may not be used as living quarters at any time. (Note: a secured storage area is available for these.)

- Shrubs, trees, grass and plantings must be kept neatly trimmed, free of trash, weeds and other unsightly materials all times.

- All properties must be kept in good repair and adequately painted. Carports and garages must be kept in a tidy manner if visible from the street.

- Only generally recognized household pets are permitted. Maricopa County leash laws apply.

-Residential properties may not be used to conduct business.

- No storage buildings, sheds or other structures may be erected.

The above items represent only key CC&Rs.

[FireKwame]

Originally Posted by nitram

Covenants, Conditions & Restrictions

Among the key CC&Rs that Sun City West property owners are to follow are:

- One member of the household must be at least 55 years of age and no one under the age of 19 may reside in SCW. Visiting children may stay a maximum of 90 days in one year.

- No motor home, boat, RV, trailer, bus or commercial vehicle may be parked at a residence for more than a total of 72 hours in any one month, and may not be used as living quarters at any time. (Note: a secured storage area is available for these.)

- Shrubs, trees, grass and plantings must be kept neatly trimmed, free of trash, weeds and other unsightly materials all times.

- All properties must be kept in good repair and adequately painted. Carports and garages must be kept in a tidy manner if visible from the street.

- Only generally recognized household pets are permitted. Maricopa County leash laws apply.

-Residential properties may not be used to conduct business.

- No storage buildings, sheds or other structures may be erected.

The above items represent only key CC&Rs.

Okay, thanks.

Any one else? Are there any SCW residents on here?

[nitram]

[quote=FireKwame;3411324]
We have so many questions...what happens if the Uncle adds my DH and/or sister-in-law to his deed and then he dies? Check with a lawyer
Is she/they forced to sell the house or must it be rented out until somebody hits 55...or what? Again see a lawyer, circumstances vary, but usually one person has to be 55 living in the house.
What if it is put on the market but does not sell? It'll sell if priced right.
I know they make exceptions for widows under 55. Is there a way to file for an exemption? Again see a lawyer.
If not, how long do you have before you must vacate the property? There are no people under 40 involved in any way. Uncle claims people "will not make waves" as long as you get along well with the neighbors and take good of things, but that sounds iffy to me.

Most everything you bring up is a legal matter only a qualified lawyer can answer for your various situations.
I live in Sun City and have several friends in Sun City West. None of us are lawyers and you need expert advice for your questions. This forum is not for that.
Also if you "google" Sun City West, you'll find dozens of sites that you can peruse to find out all about the area.
]

[FireKwame]

Yes, um, thank you. Again.

I WAS hoping to maybe stumble across someone who had dealt with this issue personally. I'm sure it isn't THAT uncommon. Uncle has said he has spoken with an attorney who said not to worry. Since it is not MY house or hometown, I was hoping to maybe have somebody post about the same situation, or even hear from a local attorney. I live in Michigan, it's kind of hard to just go into downtown SCW and ask questions. It would be great if the organizations who have email addresses would reply to questions, but I understand SCW is very secretive...or something.

Maybe since YOU live in Sun City, you can send me the name of a good attorney?

[Greatday]

Tell your uncle to do the will -

There is no limitation on age as it relates to OWNERSHIP.

Occupancy is what is limited.

[nitram]

Sorry, don't know any good attorneys. Haven't had the need for one. Here's a web site for our Sun City Homeowners Association. They are very good at answering questions and helping OUR residents here in Sun City. Maybe they can help you, or direct you to the proper agency that you need in Sun City West.
Sun City Home Owners Association (SCHOA)- Local Area Resources You Can Use

[ITChick]

Originally Posted by FireKwame

My husbands elderly Uncle has just informed us that he wants to give my husband and my husband's sister his house in Sun City West. It is in a 55 and over community. He has no children.

My sister-in-law is recently divorced and is considering moving in with the Uncle as he really needs somebody around now since he was recently widowed and is in poor health. He is 88, my husband and I are in our 40s and my sister-in-law is 40. She also happens to be a nurse, so it could work out great for everybody (we hate the idea of him being all alone, but my DH and I are not ready to move right at the moment)

We have so many questions...what happens if the Uncle adds my DH and/or sister-in-law to his deed and then he dies? Is she/they forced to sell the house or must it be rented out until somebody hits 55...or what? What if it is put on the market but does not sell? I know they make exceptions for widows under 55. Is there a way to file for an exemption? If not, how long do you have before you must vacate the property? There are no people under 40 involved in any way. Uncle claims people "will not make waves" as long as you get along well with the neighbors and take good of things, but that sounds iffy to me.


BTW the house is about 25 yrs old and is NOT in a gated community, if that matters.

Any help is appreciated. I tried to call a few SCW numbers but nobody I spoke with seemed to know where to point me. I even e-mailed to SCW Visitors Center and never got a response.

Other than all that where does one find the SCW general ordinances? It's strange I can find info on every city EXCEPT SCW.

Have you tried contacting Del Webb, as my understanding is everything there was built by them. Also, wouldn't there be a copy of the CCR filed with the county they're located in? Try contacting the local county building for a getting a copy of that so you can see what the rules are. Usually you will have to pay a fee for it.

My understanding is that in many of these 55 and up communities, they do allow for a small percentage of under 55 to live there with permission. You would be responsible for contacting the HOA and letting them know your situation and if they haven't filled their quota then you would have no problem being under 55 and occupying the property.

Hope it all works out for you.

[FireKwame]

Thanks for all the help!

[xstitchr5]

I moved in w/my father - I am 49 - and he is 86. I am considered a caregiver to him. I am eligible for "associate"membership to all of the facilities. I am also on his will to be the owner of the property upon his death.