💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DianeG4 (Florida)
Posts: 1
Posted:
Is a member vote required to convert one of two tennis courts to pickleball courts? The tennis club has about 10 members and the pickleball club has 150. I am getting conflicting messages regarding whether this is a "material alteration of an amenity".
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By DianeG4 on 08/13/2020 5:13 AM
Is a member vote required to convert one of two tennis courts to pickleball courts? The tennis club has about 10 members and the pickleball club has 150. I am getting conflicting messages regarding whether this is a "material alteration of an amenity".
Is this for a condominium subject to FS 718?

What, if anything, does your Declaration say about either (1) the tennis courts or (2) the uses to which the common area on which the tennis courts sit may be put?
AugustinD
Posts: 5,144
Posted:
Here is a 1998 arbitration decision that said converting an asphalt tennis court to a clay court is a "material alteration" under FS7 18 and so requires a vote of the owners:

http://www.bpr.state.fl.us/lsc/arbitration/pdf/Regular%20Index-Volume%202%5C98-4251.fo.doc.pdf

I think owners who choose to dispute changing the tennis court to a pickleball court(s) are likely to cite this arbitration case when they seek the mandatory non-binding arbitration FS 718 requires.

See also discussions of Florida case law at
https://www.lexology.com/library/detail.aspx?g=3c74bc5c-df03-4905-b165-f30b21a6bfd2
and
https://www.campbellpropertymanagement.com/blog/2014/02/24/material-alterations/

Unless the Declaration says the Board can convert the tennis court to a pickleball court(s), I think the OP's condo/hoa will need to present this to owners for a vote.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Isn't it possible to accommodate both sports supporters with different notes/posts?

If you have a ratio as you suggest, align with the pickle ball folks, and accommodate the tennis folks.

And, I while I generally understand the legal discussion wrt material alternations, I would suggest you support what most of your constituency wants, while maintaining the ability to accommodate the others.

I don't think this should rise to the level of CCR amendments ... think of using a baseball field as a soccer field by removing bases and adding temporary goal nets, then removing goals and replacing the bases.
ND (PA)
Posts: 792
Posted:
I don't know much about pickleball aside from the fact that it has similarities to tennis. But a quick google search seems to indicate that a single tennis court can easily be converted to two pickleball courts with portable nets.

With addition of pickleball lines to existing tennis courts and the purchase of 4 portable pickleball nets, you are able to accommodate both sports on the existing playing surface without any significant alteration to the original amenity of the tennis courts. You're not removing the tennis net or changing the tennis court in a way that will prevent tennis from being played . . .you're adding the capability to now play pickleball as well.

Of course at that time, your biggest issue would be ensuring both sports have adequate time to play.

If it's done this way, I do not believe this addition of capability to existing amenities is any sort of "material alteration" necessitating significant discussion, debate, or membership vote.

That said, a survey of membership on what they want (even though you seem to have a good handle on tennis/pickleball club membership) would go a long way in supporting the decision to create the ability to play pickleball on your existing tennis courts.
GenoS (Florida)
Posts: 4,276
Posted:
The "material alteration" provision in FS 718 for condominiums do not apply to FS 720 Homeowners Associations.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here