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JoyE (Georgia)
Posts: 1
Posted:
Our community backs up to a driving range owned by a neighboring resort. The range has netting that is well maintained, but daily, many golf balls are hit over the far end of the driving range net, often placing them on the patios and back areas of about 10 of our condos. One unit actually had a glass patio table shattered last week. Our residents are afraid of being outside on their patios and being hit. The issue has been discussed several times with the resort, who put up a sign on their driving range telling golfers NOT to hit the ball beyond the back net due to danger of injuring people or property. It is still happening. Golfers just can't seem to resist trying to hit the ball over the net.

Has anyone else had this experience and if so, how did you handle? The community was in place before the driving range was moved to the current location.

Thanks for any insight.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Haven't had the experience.

I've seen homes that back up to golf courses which have enclosed their patio/yard with netting or metal to minimize the chance of golf balls.

My suggestion is that every time one is hit onto the property, that the owner of the unit makes a complaint and the Association makes a complaint. squeaky wheel gets the worm type of thing.

Here is some additional info I found:

Errant Golf Ball Damage… Who is Liable?

“FORE”TUNATELY, A LITTLE PREPARATION GOES A LONG WAY IN REDUCING LIABILITY FOR ERRANT GOLF BALLS.

Golf Course Liability to Adjoining Homeowners pdf document you need to open on your own computer (not the browser)

Here are a couple of options to prevent broken windows (I have no first hand knowledge of these products. I found them during an internet search and provide them so your Association can consider these or similar options):

Golf Ball Protection Screens

GOLF BALL WINDOWS

Golf Ball Protection for Windows and Patios
JanetB2 (Colorado)
Posts: 4,219
Posted:
Majority of Golfers are great people who if they know they break (a.k.a. Window) will go to the homeowner or if owner not home to golf club house to let them know and leave their information to pay for repair. Luckily my hubby and I have not yet done that ... but friends have. Potentially the golf course needs to increase their screening of their range or pay for damage to your homeowners who file claims with the golf course. However, it is potentially an issue between the owner and the golf course ... not your personal HOA responsibility to become involved.
JanetB2 (Colorado)
Posts: 4,219
Posted:
When the owners file any complaint with the Golf Course they should CC the HOA. This will help owners know what complaints have been filed and possibly help if any owner files any lawsuit down the road. If owners have large number of complaints and the golf course has not increased screening to prevent future damage ... that could help owners prove their claims.
CjS (Maryland)
Posts: 21
Posted:
We live in a golf course community and windows and patio furniture do get broken many times a year. It is in our documents that the HOA is not responsible as the golf course is a separately owned entity. The golfers are actually responsible and many people call up to the club house to find out who is on a certain hole #. A few times the police have had to be called as the golfers refuse to pay up. But also many times, the golfers can not be located. It is a risk we take moving to a golf course. Some houses get hit more than others and have installed special windows to prevent breakage, but they are expensive.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Generally it is a matter of which was first. Building a home on an existing golf course typically means the homeowner is responsible. Not the golf course nor the golfer as the course was there first.

If the driving range was built after the homes were built, the homeowners have a good case to force the driving range to correct the situation.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This is the risk or consequence of living this close to a golf course. It's kind of a known that golf balls are going to fly... It's where they land that is the issue. I say it's NOT an HOA issue but a golf course one.

Former HOA President
BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By JoyE on 04/02/2017 7:20 PM
. . . The community was in place before the driving range was moved to the current location.

JoyE Get a court order to halt the nuisance before a serious injury occurs. You will need logged evidence & photos etc. Including an order to reconfigure the course and or raise/better maintain the mesh netting.

Competent legal advice shouldn't be that had to find given how widespread is the nuisance. Some jurisdictions allow no defence of "We were here first with our nuisance so we can willy-nilly risk injury & ignore your property values", a defence with which I respectfully do not sympathize.

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