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Jimmy Klatt vs SunBird Golf Resort HOA Litigation Update

Many homeowners have asked about the status of the lawsuit involving SunBird's Capital Improvement Fee (CIF). The following is a summary of where the case stands.

In 2021, the SunBird membership approved an amendment to the Declaration of Restrictions (CC&Rs) by a vote of 983 in favor and 266 opposed. The amendment authorized the Association to collect a Capital Improvement Fee from new homeowners purchasing property in SunBird. The amendment also stated that these funds could be used, at the discretion of the Board of Directors, for improvements to HOA common areas and/or the golf course.

In 2023, a SunBird homeowner Jimmie Klatt, filed a lawsuit in Maricopa County Superior Court challenging the validity of the amendment.

In 2025, the Superior Court ruled that the Association may continue collecting the Capital Improvement Fee from new homeowners. However, the court also ruled that the Association may not use Capital Improvement Fee proceeds—or other HOA funds—for golf course improvement projects, including stormwater runoff and drainage work on golf course property.

Based on the advice of legal counsel, the Board of Directors appealed the Superior Court's decision.

On June 11, 2026, the Arizona Court of Appeals affirmed the Superior Court's ruling. As a result, the Association may continue to collect the Capital Improvement Fee from new homeowners, but the courts have determined that HOA funds, including Capital Improvement Fee proceeds, may not be used for golf course improvement projects under the current Declaration of Restrictions.

The Board of Directors is reviewing the Court of Appeals' decision with the Association's legal counsel to determine what options are available. The Board appreciates the patience and understanding of the SunBird community as it carefully evaluates the decision and its implications for the Association.

SunBird Golf Club Lawsuit Status Report

On February 11, 2026 the SB Golf Club, Inc filed a lawsuit with the Superior Court of Arizona in Maricopa County against the SunBird Golf Resort Homeowners Association. Case Number: CV2026-006409

This lawsuit is regarding stormwater drainage responsibilities within the SunBird Community. The SB Golf Club alleges that SunBird HOA has financial responsibility for stormwater run-off onto golf course property. This claim conflicts with the most recent court rulings with SunBird HOA on how SunBird HOA can use its funds. Currently, the HOA has appointed legal representation and is following the litigation process.

Sincerely, Your SunBird Golf Resort HOA Board of Directors

SunBird Update - July 1, 2026

https://mailchi.mp/sunbirdhoa/sunbird-update-july-1-2026

SunBird Update - June 15, 2026

https://mailchi.mp/sunbirdhoa/sunbird-update-june-15-2026

SunBird Update - June 1, 2026

https://mailchi.mp/sunbirdhoa/sunbird-update-june-1-2026

SunBird Update - May 15, 2026

https://mailchi.mp/sunbirdhoa/sunbird-update-may-15-2026

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Welcome to SunBird Golf Resort!

SunBird Golf Resort is known as the most friendly and active community in the area! We have a variety of terrific facilities and amenities for all to enjoy. SunBird also has many fun social and exciting activities for all interests. Over the past few years we have spent well over 2 million dollars updating our recreational facilities and equipment. One of our goals at SunBird is to keep our facilities and amenities continually updated as new trends, interests, and technology are always changing. This ensures SunBird as a place for both the newer and established residents to enjoy. SunBird has a small town atmosphere feel as people wave to each other within the Community and neighbors become friends. We are confident that you will want to become part of our beautiful community and lifestyle it has to offer.

SunBird Community Map

Chandler Police Department

Fraud & Scams Handout October 16, 2025

https://www.azag.gov/issues/elder-affairs

Click here for Crime Prevention Tips

Maricopa Title Alert is a free service offered by the Maricopa County Recorder’s Office that monitors documents recorded with the office and alerts subscribers by email when a document is recorded in a specific individual’s name and/or business name. This service applies only to documents recorded after sign up. Users may unsubscribe or make updates to this service at any time. Maintaining a current email for notification shall be the sole responsibility of the subscriber.

To sign up for Maricopa Title Alert, you can visit the official website of the Maricopa County Recorder’s Office

https://recorder.maricopa.gov/MaricopaTitleAlert/Default

If you plan a vacation, don’t forget to let the Chandler Police Department in on your plans. When a resident of Chandler goes on vacation, the Police Department can offer extra patrol to check on your property. The Vacation Watch Program should give you peace of mind while you’re away. For additional information and to register, click here.

Clubhouse Evacuation Plan

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SunBird Smoking Policy

New SunBird Smoking Restrictions Around Clubhouse & Facilities

SunBird is a smoke-free campus except for the areas designated on the map below. Smoking is strictly prohibited near the sports courts, including the horseshoe pits, shuffleboard, and bocce courts. To be compliant with Arizona Law, SunBird HOA has adopted ARS 36-2853. Smoking marijuana is not permitted in public or open areas within the SunBird community. This statute includes recreational and medical marijuana usage. The law permits residents to smoke marijuana on their personal property only.

Thank you for your cooperation in keeping SunBird a healthy and enjoyable environment for all.

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