Responsibility for damages

We live on a golf course in Alabama and there are no CCR regulations for easement to retrieve a golf ball. due to the amount of balls and people looking around our immediate house area, we installed a fence with approval from the board. During the course of installation we had several golfers become irate when we told then to leave our property. A daily average of balls is approximately 5 -10 balls. That is only what we see. The fencing was over 10k and has been up for less than a month. I looked out the back window today and noticed that the vertical rods were bent. I looked over the rest and seen that the damage was intentional. 4 bent rods and a post cap missing.

I tried to ask for some assistance to remedy the situation from the Mayor, board members, and the golf course 1.5 years prior. Nothing was done and we had to call the police for threats from golfers on the course because we won't let them retrieve in our immediate house area. Here are some questions I have and hope you may help guide me to resolve this. As I said, I have spoken to many board members, Mayor, and golf course to address the issue. 4k cameras to be installed soon.

1. Who is liable for the damages? US, golf course, golfer (not seen)
2. Is the board or the Mayor responsible for residents safety?
3. Do I have legal grounds to request compensation for damages from the golf course?

Thanks.

The HOA does not own the golf course, but we do PAY a fee for the continued "success" of the course.

I'd also like to know if it is wise to escrow any payments to the HOA until this is resolved.

No, this is unwise. Why? Because it violates the covenants pertaining to assessments. From direct experience and general reading of case law, the courts have said one is still obligated to pay the assessment even if the HOA Board might be violating other covenants. If you stopped paying the asessment, the HOA would be in its rights to lien your house et cetera.

Understood that owners pay a fee for the golf course. Presumably the HOA pays something to the golf course owner. This is likely the result of a sweetheart deal the developer arranged. It is common. Buyers need to read the covenants closely to avoid situations like this that may become irritating down the road.

Is the golf course subject to the HOA covenants? I would expect not.

So far I do not see the HOA being liable for anything here. You are suffering a nuisance (from golfers coming on your property et cetera), but that's covered under city ordinance or general tort law.

We will install security cameras in the area soon. I have had the sheriff out on a couple occasion already. I find it appalling that golfers stoop this low on the course. I should have reworded my concerns to withhold the funds that pay directly to the golf course, not the HOA. We never asked for anything from the golfers or the course itself, other than to regulate the people and preserve our privacy. Thanks for your help.

When you make your payments, write "payment is under protest" on your check to preserve your ability to recover. It's an old principle.

The golf course and POA/HOA refuse to do anything on the matter. I repaired the fence and it has been damaged again. I don't like to make assumptions, but it appears to be intentional. What are some legal obligations the Mayor and POA should be enforcing.

Vandalism and trespassing. Sue the golf course in small claims court for the damage. They will have to pay a lawyer. Maybe they will pay better attention to their clients' actions. Sue them for the initial fence building and the cost of repairs.. Video evidence would help. No trespassing signs.

Having lived on two golf courses the above is my understanding. Also the biggest complainers were those that bought or built on a golf course. What were they expecting?