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Monday, December 10, 2018
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Subject: Pickleball noise Day and Night
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Author Messages
LindaB29
(Florida)

Posts:1


12/02/2018 6:23 PM  
When we bought our home in 2009 there was a lovely tennis court and rec area behind our home separated by a pond runoff area. In the last 2 years they have turned the tennis courts into pickleball courts and it drives us crazy especially at 9am on Sunday morning. The constant THWACK, THWACK, THWACK is nerve wracking and very disturbing. The manager just shrugs off our complaints. It is a Lennar community and they still own the clubhouse and rec area. I am ready to get an attorney and sue them for disturbing the peace. Neighbors several blocks away can hear it. Does anyone have a suggestion of what we can do?
RichardP13
(California)

Posts:3130


12/02/2018 6:55 PM  
My suggestion, learn how to play the game.
GeorgeS21
(Florida)

Posts:796


12/02/2018 7:05 PM  
Methodically make you points to the Board and others who have a management role.

Start assessing how many neighbors back your position or are aligned with your position.

Check CCRs to determine what sort of enjoyment clause might be included.

Don’t give up.
LetA
(Nevada)

Posts:550


12/02/2018 8:36 PM  
Linda, you mention that the builder still owns the clubhouse, why? Is your HOA still under declarant control? Review your docs about changing the amenities. Find an HOA attorney not connected in any way with the builder for guidance.
MelissaP1
(Alabama)

Posts:7762


12/02/2018 10:38 PM  
So exactly what are you going to "sue" or demand? What would make you okay? They don't allow pickleball played at all? Can it be certain hours of the day or week? There has to be a compromise here. Don't think hiring a lawyer is the answer.

BTW: I worked 3rd shift for years. My neighbors ALL did the lawncare at various times of the day. While I was home it was the lawncare services. Later in the day, it would be the neighbor doing it after work. It doesn't seem to matter if it is even raining! I so HATE the noise of lawn equipment!!! What I did is bought myself a "sleep" sound machine. Only a $20 one just to try it out. Found that the ocean or thunderstorm sounds worked well. Plus got a sleep mask. It really did help drown out the noise. I am a bad sleeper.

Former HOA President
GenoS
(Florida)

Posts:2518


12/03/2018 12:58 AM  
I'm with Linda. Are you in a condo property or an HOA? Condos have mandatory hoops to jump through before a common amenity can be re-purposed for another use. Be careful, though, in my HOA we recently double-marked one of the tennis courts for use as a tennis court AND a pickleball court as the players preferred. You could argue that we didn't change the amenity away from playing tennis at all since it can still be used for that.

I'd check into your noise and nuisance clauses in your governing documents and county/local codes and ordinances. I wouldn't want to listen to that racket either (no pun intended).
TimB4
(Virginia)

Posts:16045


12/03/2018 5:59 AM  
Linda,

This has been discussed previously on HOATalk:

Subject: PICKLEBALL NOISE 2016 thread



From the Web:

Pickleball Noise Problems: Nearby Residents Complain. Shhhh Quiet! From pickleball portal

Pickleball Court Reduced Noise from a contractor website

Noise Survey: Pickleball Courts at Abrego Drive Interesting info. May want to lobby your HOA to have one done.

The Never-Ending Pickleball Noise Issue from Pickleball Central Blog



Legal:

Haskell v. Rockford Park District IL Circuit Court Decision


Hope this helps,

Tim
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