HOA approved fence on our property

We had approval for installing a fence along our back property and completed. The reason presented to the board was to keep golfers out of our personal area due to the number of people walking through our area every day. Our home is off the Tee box about 200 yards up.

We have had numerous people get irate when asked to leave. Over the last 2 years we have pleaded with the board to help mitigate this situation with absolutely no help. It has gotten to the point where we have been threatened by golfers to target myself or home. The golf manager of the course refuses to help stop the actions we encounter.

My question is this: There is an easment that has been buried in older CCR rules which we could not find on the web site. With the approved fence it seems that the 2 rulings from the board are in contention with each other. One for the fence and the other the easement. Our gates are locked and when a ball hit OB lands in the fenced area, they are told it is lost. Of course, this sets off the chain reaction from the golfers.

What are my options short of moving out of the community at this time? Should I ask to see and are they obligated to show the vote and records of the approved easment to retrieve a golf ball? Are to 2 approvals in contention? If so, hiw should this be handled.

I looked up “golf course vs. private homes” and saw a conversation on Reddit that stated the general consensus is if the ball lands inside an enclosed yard, leave it. One person said golfing rules state you have three minutes to look for the thing and if you can’t find it, move on and consider the ball dropped (whatever that means). Other noted they go in the yard quickly and get the ball only if (1) they can see it clearly (2) there’s no fence, and (3) they’re in and out under a minute without damaging other parts of the property or creating a ruckus.

Unfortunately, people are messy and mean, and their attitude is “it’s just a ball and they’re expensive, and I’m not going to be in the yard forever,” blah, blah, blah, then get indignant when you object to people walking on your private property. The fence will deter some people, but I’m not sure there’s anything else the board can do about the rude boys and girls. The golf course manager doesn’t care either as long as the greens fees come in and the drinking at the bar or halfway on the course continues.

(I work with several people who golf and from the way they talk, I guess that’s the main attraction…)

Now, regarding this easement, it may no longer be valid if the CCRs have since been updated. The conflicting board decisions may have lead to this and that's why you don't see it on the website. You may need to look at your documents (or have your private attorney do it) to check for the effective dates and/or a court case that may have also lead to that easement being dropped. You don't say how old those CCRs are, but send your request to the property manager (of the HOA) and see what they have. Finally, the decision to move out is up to you - if you're looking for some sort of compensation from the association for all the drama you've gone through, you'll have to talk to your attorney about that too - we aren't attorneys and it's not a good idea to get legal advice on specific issues on the internet because we can't see your documents anyway.

That said, here are some suggestions from Google AI with one person’s comments. You may have already tried some of these, but at this point, you may need to talk to a private attorney about your remaining options:

Living adjacent to a golf course can be enjoyable, but it's not without potential problems, such as stray golf balls and noise. Here's how to address these issues:
1. Talk to the golf course manager again – actually, send him/her a letter with documentation of the problems (e.g. photos of people climbing over the fence) Make sure those are time and date stamped. Having a camera nearby (that people can’t see or whack with a golf club or worse) might also pick up footage of people cussing when you ask them politely but firmly to get off your property.
2. Suggest solutions: Perhaps the club can consider installing protective netting or modifying the course layout in that area so people don’t hit so close to your home. Planting trees or shrubs along the property line could also help slow down or deflect the balls
3. Check with your city or county to see if there are any laws that govern golf course operations or property boundaries. You may be able to file a complaint against the course with the appropriate agency. For this, I’d also see if your neighbors also have the same problem – there’s always more strength in numbers. A call to your local representative might also create some movement. Good luck to you.

Google cat sprinkler.
You could have so much fun!

Ellen,

One person is a resident in our community and the other is not. Can you tell me if they need to retain the vote on the approved covenant for the easment, or is it that there just has to be one passed. I guess I am looking to see how this was verified as being "passed" and added to the covenants. Will this be shown at the county court house?

MarkK24,an amendment to the covenants cannot happen without an owners' vote. Similarly I doubt the Board can impose an easement without an owners' vote and/or possibly the consent of the affected owners.

But I do not have all the governing documents (recorded covenants and plats in particular) in front of me. If you see an attorney, the attorney will require that you hand her all the governing documents or that you pay her to get a copy from the county clerk.
The county court house is not the same as the county clerk. Like I posted above, you have to go to the county clerk. You have to be capable of reading the recorded covenants. You have to be able to look at the plats and see if any easement is stated (as TimB4) said.

Police do not seek and file a restraining order. Individuals do. This is another reason why you desperately need the advice of an attorney.

Note that months have gone by since you posted here. Nothing has changed. I think it's clear that you cannot handle this without advanced knowledge of HOA law and other law. You simply lack this knowledge.

Based on all you have posted, I believe you will not be able to get the facts here until you hire an attorney. I believe you will also not be able to get the board to act until you hire an attorney.

Dean,

Unless you were part of the last confrontation, and saw the exchange from the golfers, there is not much to take away from your reply. We understand the risks involved with owning a home on the golf course. The fenced area was intentionally installed with the boards approval. They understood why, through the numerous emails during the approval process. We don't care if they retrieve the balls from the timber area within reason. Yes, we are fortunate for what we have, and thank the Lord every day. Harassing us on our property and intentional fence damage is crossing the line. We do not interact with the golfers at all unless within the fenced area. As stated, the fence approval and easement are in conflict.

Dean,

Correct, we ask them to leave the fenced area. We understand the downstream situation, and do not need you to inform us. Alcohol tends to make people do things they should not do. You have no idea why and how the situation occurred.

The HOA can have an easement to a piece of your property and that part of the property can be fenced. The easement allows HOA access for operational reasons, which has nothing to do with golfers. Now, if the easement exists so golfers can retrieve wayward golf balls, then you need to let them access your property as you agreed when you bought the property.