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| Author |
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GaryT
(Illinois)
Posts:4
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| 08/17/2008 6:38 PM |
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| I'm directing my question specifically to those of you who live around golf couorses. How do you handle situations where golfers cause damage to homes (broken windows or siding) and don't take responsibility for the damage? We do not own the golf course, and they say it's the golfer's responsibility. However, unless you can actually catch the golfer in the act, generally you're out of luck. Even when causght, some golfers deny responsibility, saying it is the owner's fault for being so close to the golf course. Course was here before most of the homes, but subdivision was developed by course developer. Some homeowners have suggested that the HOA set up a fund to handle damage, but only a few homes get hit. CC&Rs say HOA is not responsible, basically putting it back on the homeowner and his homeowners insurance. Most homeowners, though, have insurance deductibles greater than the cost of repairs. Any thoughts would be appreciated. |
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DonnaS
(Tennessee)
Posts:2796
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| 08/17/2008 7:25 PM |
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Gary,
Moral of the story--don't build a house 200 yards down on the slice side of a fairway. I have had 3 different homes on 2 different courses. Both sets of documents state about homeowner responsibility for wayward balls causing damage and it is always the owners responsibility . It's part of the perks of living with such a nice view. I am sorry to say that unless your governing documents state that the HOA will pay for repairs caused by golfers, you better just start a slush fund for new windows, etc. Catching a golfer in the act of trying to retrieve his wayward shot can be done but to have them pay for damages, well,good luck on that one. As I said, it's part of the nature of the beast. You may have to install protective screens on the windows. I have seen a net strung across between trees to also protect a house from getting hit. This is NOT a HOA problem . |
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GaryT
(Illinois)
Posts:4
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| 08/18/2008 5:49 AM |
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Donna,
I agree that it should be the golfer's responsibility. I'm a golfer. I know that my house will get hit and I accept that as the price for having such a beautiful view of grass that I don't have to take care of. The problem I have here is with non-golfers who have purchased homes on the golf course and are now complaining because golf balls hit their houses and golfers come into the yeard to retrieve golf balls. They want "someone else" to pay for their damage. Unfortunately, ALL of our homes are built on the right side of the fairways, which puts them in the "danger zone" for most golfer mishits because most golfers are right-handed, and some of the homes are fairly close to the fairway. It's really only a problem for about 10 to 15 homes out of 95 around the golf course, though.
Our CC&Rs give the golfers a temporary easement to enter the yard to pick up the golf ball. The CC&Rs also specify no netting of any kind on or near the golf course. Certainly, that could be changed if enough residents agree, but who wants a 40-foot high netting next to their house? It's unsightly.
What I'm trying to find out is how other HOAs work with the golf courses to allieviate the problem to any extent. Has anyone run across local or state ordinances that specifically place responsibility on the golfer? |
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DonnaS
(Tennessee)
Posts:2796
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| 08/18/2008 7:19 AM |
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Gary,
Knowing documents as I do and having dealt with this myself, I can assure you that you will not have any enforcement powers over the golfers. It is a big money business and all a course needs to do is to start restricting the golfers from chasing the elusive good shot and it will cost them in patronage. The non golf residents who are making noise?? Did they ever think what might happen to a golf course home? I really think that trying to get any involvement from the course management is futile and really not appropriate. Sorry but as I said, thats one of the hazards of living there. |
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DwightT
(Idaho)
Posts:443
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| 08/18/2008 8:15 AM |
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I agree with Donna on this. The CC&Rs state that it is the homeowners responsibility, and the homeowners knew this going in. Like everything else in the CC&R "contract" that they agreed to, they don't get to turn around and try to change the rules later.
When we were looking for a new home, the agent took us to a couple of golf-course homes. These were beautiful places and well within our budget. Normally I would have loved to live there. But when we thought about the potential for wayward golf balls, we decided to keep looking.
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DonnaS
(Tennessee)
Posts:2796
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| 08/18/2008 9:48 AM |
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Gary, I'll give you another example of how it is when you live on a golf course.
The first year that we moved into our home, it was a very dry year. We have what they call "Preserves between some of the homes and the fairways. These are protected by the State and they grow nothing but scrub pines and palmettos which are nasty palm type stuff. Undergrowth is unimaginable and tall jack pines also survive in there along with the animals.
Golfers were told AND notices were placed on every cart.---"NO SMOKING BECAUSE OF DROUGHT" I heard a loud BAM!! and looked up the Preserve line and saw flames shooting 30 feet in the air. The fire has a perfect highway and that is along the growth line, which is where all of the houses are built.
Thank God, there were maintenance people on the greens with the big hoses because they put out the fire before Fire Dept arrived. Only 2 homes suffered damage to their cages(lanais) because of the heat. It burned almost 2 acres in 10 minutes.
Now, the insurance companys come and thru investigation , found that it was cigarettes that had started.And that is why I know that no golf course will be responsible for any damage caused by its golfers.
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KirkW1
(Texas)
Posts:1110
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| 08/18/2008 11:01 AM |
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I would suggest getting a security camera if you want to catch the golfer who damaged your home. Even at that, it isn't going to be easy. And I wouldn't support the HOA paying for the repairs.
I would support allowing them using different materials if that would reduce repair bills. (For example if all the other houses have composition roofs, let the ones being hit regularly choose another option that doesn't damage as easily. |
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