DONATION REMINDER AND UPDATE ON LEGAL MATTERS
THE SADDLEBROOKE AMENITIES CONFLICT GROUP
We would like to thank the owners who contributed to the legal fee fund to dispute HOA2’s (the “Association”) attempt to convert the tennis courts at the Preserve to pickleball courts. We received donations ranging from $100 to $5,000. That being said there are still a number of owners who had indicated a willingness to contribute who either just haven’t had a chance or just didn’t see the email requesting a contribution.
On October 2nd, legal counsel sent the board a letter indicating our position on the proposed conversion of the pickleball courts. Here is an extract from that letter:
The Preserve Homeowners understand that pickleball is a very popular activity within the community. Notwithstanding, the accommodation for the pickleball courts has created a significant noise nuisance for the homeowners in the vicinity and the addition of morepickleball courts in the area would only make matters worse. The noise from the pickleball courts echoes and reverberates throughout the day to the Preserve Homeowners’ property and prevents them from the peaceful use and enjoyment of their home. As such, the pickleball courts constitute an unreasonable and substantial nuisance. See Grabber v. City of Peoria, 156 Ariz. 553, 553, 753 P.2d 1209 (Ct. App. 1988); Kubby v. Hammond, 68 Ariz. 17, 25, 198 P.2d 134, 140 (1948). Note that the Association’s Rules and Regulations expressly prohibit excessive noise, barring a number of activities that would disturb the use and enjoyment of other homeowners. See the SaddleBrooke Country Club Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) Article IV Section 2(e) and Section 2(cc). It is also worth noting the Purchase Agreements for new owners of the Preserve contain language as to the temporary nature of the conversion of the tennis courts and as such they are being misled. Given the large number of pickleball players in the community who are using the courts on a constant basis together with the proposal of constructing additional courts will most likely lead to consistent noise levels that exceed the Pinal County regulations regarding public disturbances. Finally, another factor not been taken into consideration is the noise the pickleball paddle makes has been shown to trigger episodes in people with mental or emotional conditions, such as post-traumatic stress disorder, that could expose the Association to a Fair Housing Act violation.
The Association has a duty to treat its members fairly and to act reasonably in the exercise of its discretionary powers including rulemaking, enforcement, and design-control powers.Tierra Ranchos Homeowners Ass’n v. Kitchukov,216 Ariz. 195, 201, 165 P.3d 173, 180 (Ct. App. 2007).The Association is not complying with its fiduciary duties to the Preserve Homeowners as it negotiates with the SPA. The SPA is comprised of both Saddlebrooke 2 members and Saddlebrooke 1 members. The Association appears to be treating the SPA and its members equally rather than strive to do what is best for its members to which they owe a fiduciary duty.
The Preserve Homeowners are concerned the aforementioned factors have not been considered with this new proposal. They also have concerns that the Association is being guided by a group of passionate pickleball players, disregarding the CC&Rs and the well-being of all community members. Further, no measures to reduce the recreational noise caused by pickleball have been discussed with the homeowners. Furthermore, the proposed conversion from a tennis court to a pickleball court changes the “use” of this common area and pursuant the CC&Rs it must be approved by a majority of the members. See Article XII Section 4 of the CC&Rs.
In addition to the letter legal counsel sent the board on October 2nd we have had legal counsel request in accordance with A.R.S. §33-1805 that the Association provide us with the names and email address of all owners in Saddlebrooke 2. We hope to use that information to better inform the homeowners of what is being attempted by the board of directors regarding the Preserve tennis courts.
On October 7th, the board had a Board Coffee meeting. At that meeting they indicated there would be a meeting on October 19th at which time the board would discuss among themselves the pickleball project.
As you may very well know, all of this costs money. We are asking for a donation to help cover legal costs. Any contribution is appreciated but something between $100 and $1,000 would help us create a realistic legal expense fund. If you prefer to contribute less, please contribute what you can.
If we do not use all the money we collect through contributions, we will return any unused funds pro-rata. The donations will be deposited into our attorneys’ trust account to be used for the legal fees and costs incurred during our representation (a monthly invoice detailing the use of the funds will be provided by the attorneys).
If you are still interested in donating, please write us a note indicating you are contributing to the fund and the amount you are contributing, make the check payable to Dessaules Law Group (DLG) and place a note on the check for Saddlebrooke Pickleball. Mail or bring the check to 35689 S. Borago Ct. in the Preserve; there will be a small metal box at the front door if there is no answer at the door.
Any suggestions, questions, or concerns you may have for our attorneys must come through us (artschumann@gmail.com) and we will address it with them. Please do not contact DLG directly as it will increase the costs and create confusion as to the direction of our case.
If you would like to read more about what we are doing and more detailed information about the history of pickleball in Saddlebrooke, go to our new website www.SAChub.net. If you like the site, please sign up to follow us.
The position of SAChub.net as stated in the zoom meeting and confirmed by Mr. Robson is to keep Preserve Courts for tennis. However, we cannot guarantee the outcome of legal proceedings in this regard.
Thank you for your support
sachub.net 