HOAleader.com - Tip of the Week - July 15, 2022
Published: Fri, 07/15/22
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HOAleader.com - Tip of the Week - July 15, 2022
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In this week's tip, we discuss the wave of pickleball washing over the nation and whether the sport should roll right over your tennis courts.
A growing number of clients are evaluating whether to convert their tennis to pickleball courts, reports Carolina Sznajderman Sheir, a partner at Eisinger Law in Hollywood, Fla., which represents 600-700 associations throughout the state, and an adjunct professor teaching condo law at Nova Southeastern University—Shepard Broad College of Law.
"I've not seen this issue arise among my clients," says Daniel Zimberoff, CCAL, a partner at Zimberoff Deutsch in San Diego, who represents dozens of condo and HOA owners in California at any given time and is the author of Avoiding Homeowner Wars. "But it doesn't surprise me because I love pickleball."
Pickleball is apparently big in New Hampshire, too. "I've seen new 55-plus communities putting in pickleball courts," states Robert E. Ducharme, founder of Ducharme Law in Stratham, N.H., who specializes in representing community associations.
Let's be clear: We're not talking about nude pickleball, which apparently is a thing. What we're talking about is who gets to decide—the board or members—whether the clothing-required part of this trend should overrun your tennis courts.
"We're going through this process of evaluating this transition with clients right now," says Sheir. "For the communities that want to make the change, it's all about modernizing the associations and offering new amenities, and there are pros and cons to doing that.
"The results are mixed," she adds. "Many owners are very much in favor of this new sport. Where we get resistance is where pickleball courts are near a home, and that can raise a nuisance issue involving elevated noise levels."
The question of whether to convert tennis courts to pickleball courts depends, as so much does in the condo and HOA world, on the governing documents and state law.
"Aside from the expense of actually switching tennis to pickleball courts, in Florida, this is very much statutory and driven by governing documents," Sheir explains. "You have to look at who has the right to change an amenity."
Read more, including one of our expert's predictions on the all-new sport you might see in five years, in our new article: https://www.hoaleader.com/members/4547.cfm
Best regards,
Matt Humphrey
President
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