Carefree Truth

Issue #288, November 18, 2013

 

 

 

Part 1 of the agenda item, if passed, would amend the Zoning Ordinance for Open House Real Estate signs, and part 2 would amend the Town Ordinance.  D.J. Stapley said the purpose of the text amendment was to increase visibility for Realtors.  If sales are made faster, the signs would be up for less time.  Faster home turnaround times could also promote higher price points and increased property values.

 

 

 

Councilman Marty Saltzman asked what would change.  Mr. Stapley replied that the number of allowed signs would increase from 5-8 for directional signs, but a restriction was added on the placement, which limits them to intersections and across the street from the Open House.  The signs are only allowed during the actual hours of the Open House, and this would not be changing.

 

 

 

Andy Fegley, representing the Scottsdale Association of Realtors, approached the podium to thank Gary Niess, D.J. Stapley, and Zoning Code Enforcement Agent Kevin Stuckey for working in a "cooperative situation" with his organization.  He felt they had created the best solution to removing roadblocks from a major economic driver for the community, Real Estate.  The Association is dedicated to educating their members about the Carefree Ordinances.  He was particularly pleased that the amendment would attach permits to the Realtor, rather than to the specific home for sale, allowing  Realtors to continue using the same sign.  Councilwoman Melissa Price questioned the duration of the permits and was told they are good for 30 days, but could be purchased for up to a year.

 

 

 

Vice Mayor Les Peterson pointed out that if HOA CC&Rs were more restrictive than the Ordinance, the CC&Rs would prevail.  Councilman Mike Farrar countered that state laws trump HOAs and do restrict some of what may be enforced in CC&Rs.  Mr. Niess added that the Town does not enforce CC&Rs; that is up to the HOAs.  If CC&Rs are not legally enforceable, that is between the HOA's attorney and the State.  Mayor David Schwan said Mr. Stuckey was confident the changes could be enforced within their jurisdictional confines.

 

 

 

Councilman John Crane recalled, "When I was on P&Z, we massaged the rules, and now we're doing it again.  I think it's just a matter of seeing how it works.  If it works, well fine.  If it needs to be tweaked, we come back and look at it again."  Mayor Schwab replied, "Well said, sir."  The amendment passed unanimously.     

 

http://www.youtube.com/watch?v=3JYXYxkll-c

 

 

 

 

When the subject of Open House Real Estate signs was broached at the Town Hall meeting, Mayor Schwan encouraged people to call Town Hall anytime for accurate information about any subject.  If someone feels a sign is out of compliance, or if they see a pothole that needs filling, please call.  Carefree has a small staff of only 14 people, including those in the Court system, and they appreciate citizen input if there is a problem.  Residents who report issues will remain anonymous.

 

 

 

A HOA representative asked if there were a way to get the text of the amended Ordinance.  Mr. Niess replied that it is available online at www.carefree.org, at Carefree Town Hall, or he could send him an email at Gary@carefree.org, he would email the text to him.  The man then asked what happens if there is a disagreement about the interpretation of CC&Rs, and was told by the Mayor that the Town can not intervene between HOAs and their residents.  CC&Rs can be more restrictive than Town Code.  He added that HOAs can only enforce that which is legally enforceable, as determined by the State Legislature, and cautioned that the Legislature continues to change the laws that govern HOAs.  He then asked if there were a Town recommended procedure for going through gates in gated communities when Open Houses are occurring, and was told, "You completely control your gate."

 

 

 

The Mayor repeated his request that residents with questions or concerns contact Town Hall for accurate information, and he supplied the contact information.  The phone # is 480-488-3686.  Pertinent email addresses are Gary@carefree.org, Kandace@carefree.org, Mayor@carefree.org, and Council@carefree.org if you want the entire Council to see an email.  Individual Council members also have their official Town email addresses listed on the Carefree website.  Mayor Schwan's cell phone # is 602-722-6930.  "It just works better if we get to talk to the citizens with their questions and comments."            

 

http://www.youtube.com/watch?v=rE_Cs2SeMJo

 

 

Lyn Hitchon

 

 

 

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