A brief summary of the 15 minute presentation

Some History

In May 2020 pickleball courts appeared in the Preserve without any notice.  We were finally told that they were converted because the Ranch had closed access to the courts due to Covid but they were temporary and would be remove after Robson reinstated the reciprocal agreement.  Homeowners and the Tennis club cooperated in a community spirit and didn’t formally object in an effort to help Pickleball.

The pickleball courts at the Preserve were loud and irritating. But they weren’t used that much because of 3 factors.

First, we had record high temperatures. Second, the Covid threat kept people away from the courts and thirdly, high season had ended after the courts were installed. 

We believed the board was sincere when they said the courts would be temporary, just awaiting the Ranch reciprocal agreement starting up again.

But that wasn’t true.  We were later told they would be permanent and go from 4 courts to 8.

Why is This Important

This is important to all Saddlebrooke 2 homeowners. The Saddlebrooke 2 amenities belong to all of us. But it is more than that.  It’s about how our money is spent and what risks we are willing to take when we spend that money. It is the fiduciary responsibility of the board to allocate assets wisely and consider the impact their actions have on homeowners and other users.

We are here right now because of a quick and hasty process that was further exacerbated by a lack of communication to homeowners.  As much as the board would have you believe this is a process driven by user demand but it is a process that ignores the rights of the homeowners.

History of Pickleball in Saddlebrooke

For a number of years, HOA2 had attempted to put Pickleball in various locations. Only to have to remove them due to legal challenges and complaints.  Just like now.  Legal costs, time and money was incurred by HOA2.  Not to mention the conflict similar to what you are seeing today. DO we want to repeat our mistakes of the past?

In years 2008 through 2010 there were even fewer courts than we are talking about now, fewer players and fewer homes in the area.  Plus, at that time they were using the quieter pickleball.  And despite all of that, there were still continual noise complaints and there was a severe impact on the sale of lots and homes.

Sounds/Noise

The proposed courts at the preserve will have as many as 32 players on the courts at one time.  That’s 32 people screaming and laughing while they play. We don’t expect total quiet where we live.  We can hear the tennis and certainly here the call outs at the golf course.  But those are either very soft and intermittent.  Pickleball generates incessant sounds/noise which is very disturbing. Like all homeowners we are entitled to the quiet enjoyment of home.

Board Issues

The first failure is the board’s has lacked transparency. Each month they gave a brief status on Pickleball courts in Saddlebrooke. Most of the information related to the courts to be built at Ridgeview.

Then in September a message from the Board apologizing.  It said – The board does care about the community.  Do we make mistakes, of course, but we try to insure our decisions satisfy most residents.  We did not arbitrarily convert two tennis courts to pickleball without doing due diligence.  In the height of all going on, we did not adequately consult with our tennis club, which was our mistake. 

But wait, what about consulting with the affected owners.  Why was that left out of their due diligence?

In that same September issue this was asked – What is the current status of adding additional pickleball courts at the Preserve?  The answer was there is no plan at this time to add pickleball courts to the preserve.  We have temporarily converted two of the courts at the Preserve (it actually said at Mountainview) to four.  Those courts were in place due to covid.  We lost access to the Ranch courts, as well as had delays in minor land division changes.

So in August the Board said there was no plan to add permanent courts to the Preserve.  Yet in early September we know there were discussions with SPA to do just that.

The Second failure of the Board is why are they attempting to get us involved once again in a pickleball dispute.  The same locations they are proposing have ultimately failed due to the noise created, despite what the sound studies said. 

The third failure is the board is indirectly negotiating for HOA1 at the expense of HOA2.

Right now, as I understand it, SPA has offered to pay for the retrofitting of the tennis courts at the Preserve, a cost of $63,000.  But if the courts have to be converted back to tennis, then SPA get’s reimbursed for ½ the amount they paid out.  Now is that fair to the HOA2 homeowners.  Why did SPA want that provision?  Is it because they know the location is problematic?

Legal Recourse

We will be sending a letter today from our attorneys outlining a number of legal issues and possible actions, including but not limited to that the pickleball courts constitute an unreasonable and substantial nuisance, are a violation of the Fair Housing Act, the Board is not complying with its fiduciary duties and is in violation of the CC&R’s to obtain approval by a majority of the members.

The homeowners did not seek conflict we were placed in conflict and we spent the week seeking solutions.

Conclusion

We were informed yesterday by Robson that they are working on renewing the Saddlebrooke Ranch reciprocal agreement for 6 courts and should have that completed in a week.   It is estimated that play could begin there by October 19^th.”  Since that was reason for the request of pickleball courts at the Preserve in the first place, the courts should be changed back for tennis.

Everyone would like more courts, more gyms, more restaurants.  But at what cost both in terms of money and quiet enjoyment of your property.  We understand it is nice to not have to wait to rotate in for play. But we have users waiting for pool lanes, treadmills at the gym, and tee times.  

Robson wants to get Ridgeview completed. The special warranty deed is now complete.  RCI has committed an additional $30,000 to satisfy the county requirements.  SPA will still have to get permits after the MLD is complete.

The Board doesn’t need to make temporary courts permanent at the Preserve.  They need to finish the Ridgeview plan.

========== Complete 15 Minute Presentation ==========

Good Morning – Our home is located almost directly opposite from the tennis and pickleball courts.  There are several home adjacent to us and all of us will be significantly impacted by the noise produced from the courts.  I can assure you that there is a big difference in sound between the tennis courts and the pickleball courts.

When we moved into our home the pickleball courts were not there.

Fast forward a few years to this summer when in May pickleball courts appeared in the Preserve without any notice.  We were finally told that they were converted because the Ranch had closed access to the courts due to Covid but they were temporary and would be remove after Robson reinstated the reciprocal agreement.  Homeowners and the Tennis club cooperated in a community spirit and didn’t formally object in an effort to help Pickleball.

And with a promise from the board of much better communication in the future. 

The pickleball courts at the Preserve were loud and irritating.  But we did have periods of quiet and that was noticeable.  But things were obviously not as bad as they could have been for three reasons.  First, we had record high temperatures. Second, the Covid threat kept people away from the courts and thirdly, high season had ended after the courts were installed.  All of these factors mitigated the use of the courts. We believed the board was sincere when they said they would be temporary, just awaiting the Ranch reciprocal agreement starting up again.

But that wasn’t true.  We were later told they would be permanent and go from 4 courts to 8. All we could do was imagine what it would be like once Covid is gone and the snow birds are back, the intensity of the sound of the ball and the voices are going to increase substantially.  And we will go from partially used 4 courts to 8 full courts which will create constant noise.

When we purchased our home, we signed a document saying that the pickleball courts were temporary and would be removed.  Additionally, the Robson sales personnel were adamant that the courts would be converted back to tennis

The board asked me to speak and I accepted their offer.  However, I do wish that I had more than 2 days to prepare something but I’m glad I’m here. I am speaking for a number of homeowners in the Preserve that appreciate this opportunity to explain why we are opposed to the proposal. 

This is important to all Saddlebrooke 2 homeowners. The Saddlebrooke 2 amenities belong to all of us. But it is more than that.  It’s about how our money is spent and what risks we are willing to take when we spend that money. It is the fiduciary responsibility of the board to allocate assets wisely and consider the impact their actions have on homeowners and other users.

We are here right now because of a quick and hasty process that was further exacerbated by a lack of communication to homeowners.  As much as the board would have you believe this is a process driven by user demand but it is a process that ignores the rights of the homeowners.

For a number of years, HOA2 had attempted to put Pickleball in various locations. Only to have to remove them due to legal challenges and complaints.  Just like now.  Legal costs, time and money was incurred by HOA2.  Not to mention the conflict similar to what you are seeing today. DO we want to repeat our mistakes of the past?

In years 2008 through 2010 there were even fewer courts than we are talking about now, fewer players and fewer homes in the area.  Plus, at that time they were using the quieter pickleball.  And despite all of that, there were still continual noise complaints and there was a severe impact on the sale of lots and homes.

Through the years a variety of sound tests were performed.  The problem is, most of these sound studies were flawed in many ways and are inferior to the test of today.

The manner of testing locations for pickleball noise have changed substantially because pickleball is a unique sport.  What makes it so unique?  It’s the social nature of the game. And that’s probably one of the reasons it is so successful.  It’s not only fun to play.  It is a social event.

Standard sound tests don’t measure all of the sound elements of a pickleball game.  Decibels aren’t the primary determinant as whether noise levels are acceptable. 

The proposed courts at the preserve will have as many as 32 players on the courts at one time.  That’s 32 people screaming and laughing while they play.   And these sounds have unique tonal qualities. This has been proven in numerous legal battles and even the previous conflicts in Saddlebrooke. We should learn from history. You can’t compare the noise of 2 tennis courts to the noise of 8 pickleball courts.  Previous courts were removed for this very reason at this very location.

We don’t expect total quiet where we live.  We can hear the tennis and certainly here the call outs at the golf course.  But those are either very soft and intermittent.  Pickleball generates incessant sounds/noise which is very disturbing.

The entire reason we are here today is not because anyone is against people playing pickleball.  What they are against is the noise that is generated from the game.  And despite that fact, the board does not believe that another sound study need be done at the Preserve but we do.

Laws, regulations and the duties of this board provide that we are entitled to the quiet enjoyment of our homes.  Not only that but it has been shown that many of the sounds produced by pickleball play can negatively affect people with PTSD or other illnesses.  In our case, one of our neighbors suffers from a medical condition and may be worsened by continuous sounds.  How many people could be affected by the courts I can’t say.

I don’t know if you do but we enjoy going out in the late afternoon or early evening for a glass of wine to enjoy the view and fresh air.  Imagine sitting outside and all you can hear is the sound of 8 balls hitting a paddle and 32 people yelling and you can actually hear what they are saying.

Let’s talk about the Preserve for a moment.  Why was it created?  How is the Preserve different?  And Why does that matter to everyone.

Robson wanted to create a more resort feel in the Preserve.  He did that by offering larger lots, larger homes, a more challenging golf course and finer amenities including a fine dining restaurant giving everyone in HOA2 a different type of experience to enjoy.

You may hear from others who live in the Preserve that have no objection to the noise. Well the noise levels have yet to be experienced.  And equally important, most of those homes do not back up to the immediate area of the courts.

We have three primary concerns regarding how the board has dealt with the matter of pickleball courts.

First is their total lack of transparency.  Probably one of the biggest issues was that the board never told Robson about their unilateral decision to expand the number of pickleball courts at the Preserve and make them permanent.  Why didn’t the Board pursue the matter to begin with Robson to see what other options might be available.  It would seem logical that Robson, who still needs to sell homes directly adjacent to the club house, would want to help in resolving the issue.

By their own words SPA indicated it was always their plan to get the Preserve courts permanently. That is not an acceptable way to do business. And the affected homeowners who agreed to the supposed temporary situation have had their trust broken again.

In the February 2020  For the Record had an excerpt from the Board work session which said the purpose of the meeting was to discuss the best means of HOA 2 financially supporting building of 8 new pickleball courts on land  owned by HOA 2.  Particularly the potential of a loan to the SPA is under consideration.

Then in the March For the Record as part of the strategic plan for 2021 it said Expanding the Pickleball facilities currently in process. 

The August For the Record said the plan to build 8 more courts is underway.

Then in September a message from the Board apologizing.  It said – The board does care about the community.  Do we make mistakes, of course, but we try to insure our decisions satisfy most residents.  We did not arbitrarily convert two tennis courts to pickleball without doing due diligence.  In the height of all going on, we did not adequately consult with our tennis club, which was our mistake. 

But wait, what about consulting with the affected owners.  Why was that left out of their due diligence?

In that same September issue this was asked – What is the current status of adding additional pickleball courts at the Preserve?  The answer was there is no plan at this time to add pickleball courts to the preserve.  We have temporarily converted two of the courts at the Preserve (it actually said at Mountainview) to four.  Those courts were in place due to covid.  We lost access to the Ranch courts, as well as had delays in minor land division changes.

So in August the Board said there was no plan to add permanent courts to the Preserve.  Yet in early September we know there were discussions with SPA to do just that.

The Second failure of the Board is why are they attempting to get us involved once again in a pickleball dispute.  The same locations they are proposing have ultimately failed due to the noise created, despite what the sound studies said. 

The Desert View courts were removed due to noise and nuisance issues.  The courts at the Preserve were removed by Robson due to his concern that it would be a negative when trying to market the homes he was building in the adjacent area.

Is it logical to propose putting courts back in the same place they were removed and expect a different outcome?  No it’s not.  Nothing has changed.  The locations are what they are.  In fact, the locations have more homes around them now than they did 5 or 10 years ago.  And they are proposing more courts.

What should they have done?  Finish Ridgeview and that’s their third failure. They have not vigorously moved the Ridgeview project forward. 

Why has the board decided that it’s better to impact the Preserve then to pursue development of a project that was designed to solve the pickleball court issue?

To me the answer is simple, it’s easier and faster to take over the Preserve courts.  And a way to ultimately get more courts. 

The third failure is the board is indirectly negotiating for HOA1 at the expense of HOA2.

Right now, as I understand it, SPA has offered to pay for the retrofitting of the tennis courts at the Preserve, a cost of $63,000.  But if the courts have to be converted back to tennis, then SPA get’s reimbursed for ½ the amount they paid out.  Now is that fair to the HOA2 homeowners.  Why did SPA want that provision?  Is it because they know the location is problematic?

Everyone wants to remain one community, and a reciprocal analysis is underway. But the responsible step would be to complete the Pickleball analysis as it relates to the reciprocal agreement.

For Pickleball to be treated in an equitable fashion, we need a fair assessment of what changes may be needed in the management and operations of pickleball. The board has a duty to HOA2 residents.

Who knows what will happen?  And that’s the point.  Get the Ridgeview courts built and renegotiate the reciprocal use agreement to our benefit where possible.  Isn’t that common sense. Why should we incur all of the costs but have to share the benefits?  Isn’t the fiduciary duty of the board to represent and protect the best interest of the HOA2 residents?

We had a late start to form and execute a plan to defuse the current pickleball court proposal.  We formed a small group and began to develop materials to distribute around the Preserve and other parts of HOA2. We prepared a summary of what had happened and a petition to go along with it.  This was hand delivered to about 1000 homes.  And we also posted on the Preserve website.  But to our surprise the petition was removed shortly after it was posted.

But in spite of that and with only a few days to do the work and with many owners gone for the summer, we had a terrific response. Over 300 petitions were returned and they are still coming in. We were not seeking a vote, but rather some perspective on the level of concern. Most of those returned were from the Preserve area.  Many preferred to send in detailed comments direct to the board vs just signing a sheet.  In addition, we are thankful so many indicated a strong commitment to assist with legal fees if needed. And we thank you for that.

We will be sending a letter today from our attorneys outlining a number of legal issues and possible actions, including but not limited to that the pickleball courts constitute an unreasonable and substantial nuisance, are a violation of the Fair Housing Act, the Board is not complying with its fiduciary duties and is in violation of the CC&R’s to obtain approval by a majority of the members.

The homeowners did not seek conflict we were placed in conflict and we spent the week seeking solutions.

We were informed yesterday by Robson that they are working on renewing the Saddlebrooke Ranch reciprocal agreement for 6 courts and should have that completed in a week.   It is estimated that play could begin there by October 19^th.”  Since that was reason for the request of pickleball courts at the Preserve in the first place, the courts should be changed back for tennis.

Everyone would like more courts, more gyms, more restaurants.  But at what cost both in terms of money and quiet enjoyment of your property.  We understand it is nice to not have to wait to rotate in for play. But we have users waiting for pool lanes, treadmills at the gym, and tee times.  

Robson wants to get Ridgeview completed. The special warranty deed is now complete.  RCI has committed an additional $30,000 to satisfy the county requirements.  SPA will still have to get permits after the MLD is complete.

The Board doesn’t need to make temporary courts permanent at the Preserve.  They need to finish the Ridgeview plan.