To convince the board that the best long-term solution to the pickleball dilemma is building out as many courts as possible at Ridgeview.  Imagine, Ridgeview having 20 to 22 pickleball courts (only 4 less than the Ranch).  Everyone at one site.  

We have gotten a number of negative comments about putting in more courts at Ridgeview and I can understand that.  However, let us tell you about the piece of property that Robson has offered HOA2.  First, it is more than 780 feet from the nearest home.  The current courts are about 450 feet from the nearest home.  The new site is also slightly below grade from the other courts (which may be a good thing).  

Whoever develops the courts on the site must be cognizant for the need to reduce the noise.  The position of the courts can make a big difference in the way the sound travels.  Imagine if the net of the court is perpendicular to the adjacent houses, the predominant noise radiates from the ends of the court, not the sides.  Thus reducing the amount of noise, the homes have to deal with.  Additionally, a sound barrier can be built which can bounce the sound off the wall and direct it away from homes.  Robson has used them in other communities in the Phoenix market where homes are much closer to courts than they are here.

Short term, there is a solution that eliminates the conflict situation at the Preserve. SPA completes the pending courts at Ridgeview next spring and moves out of Preserve as agreed and returns use to Tennis.  As this occurs, a longer-term solution can be developed for further expansion in Ridgeview that will not be as quick but it is an opportunity that may never come again. It will require finding a financial model that makes sense for both HOAs.

Our Meeting with Jack Sarsum – 

Last week 2 members of SAChub team met with Jack Sarsam to get better insight into what was happening between the Board and Robson.  If you had a chance to read the latest copy of For the Record, you may have seen a remark made by the Board that certain individuals have also been having conversations with the Robson Group and this could complicate the ongoing negotiations.  Believe me, our conversations have done just the opposite.  When the Board cut their deal with Robson for the additional land at Ridgeview, they agreed to pay $80,000 for the land.  Following our discussions with Robson and our letter to the Board regarding their actions, the price of the land was reduced to zero.

Our conversation with Jack was very enlightening.  

Let us start by reviewing what the Board told homeowners at the last Board meeting. The Board passed the following resolution: “..the two tennis courts at the Preserve that were converted temporarily to four pickleball courts continue in their temporary status until the new Pickleball courts in the Ridgeview area are essentially complete and that after that completion, they be returned to operation as tennis courts, and, that upon completion of the transfer of the parking area to HOA2 free of charge, the residual funds that HOA has been holding in escrow for the purchase of that land be returned to the SaddleBrooke Pickleball Association.”  This resolution had some contingencies attached to it regarding the reciprocal use agreement with the Ranch and that the transfer of the parking area to HOA2 be free of charge and be accomplished.

In addition to this resolution, Bob Kolenda, president of the Board of Directors, also explained that Mr. Robson and his staff, identified another plot of land in the same area but slightly further south that will be gifted to HOA2 for an additional 6 pickleball courts. There are some costs associated with clearing the land but the Board believes it is still a great opportunity.

What did Jack tell us that the Board did not –

First, Robson is currently working on a document which will support the gifting of the land at Ridgeview for a parking lot.  That document will include the condition that the current Preserve tennis courts will not be permanently converted into pickleball courts as long as Robson is selling or building homes in the Preserve.  The estimated time frame for this is approximately 5 years (give or take). 

Second, the estimated cost to remove the buildings located on the second parcel Robson has agreed to gift HOA2, which is estimated to cost $500,000.  To our surprise, Robson is now willing to split the cost between Robson and HOA2. Surprise for us.  

But the biggest surprise is that Robson has not signed anything and will not sign anything until HOA2 puts up funds sufficient to cover its half of the removal costs.  So, as it stands right now, if something were to happen to Mr. Robson or if Mr. Robson decided to change his mind, HOA2 could lose the opportunity to acquire the land which can hold between 6 and 8 additional pickleball courts and includes enough space for parking.  The amount of land available in and around Saddlebrooke is incredibly limited.  It would be a shame to lose this opportunity.  

From our perspective, that is quite a deal.  It would result in anywhere from 20 to 22 pickleball courts at Ridgeview.  But Jack indicated that the Board had not gotten back to them regarding the payment.  We asked Jack if it might be possible for Robson to accept a promissory note for the $250,000.  Jack said that might be possible but he would have to discuss it with Mr. Robson.

What is happening on the legal front – 

If you are not aware, when we started SAChub it was to raise money for a legal expenses to stop the HOA2 Board from permanently changing the 2 tennis courts at the preserve into 8 pickleball courts.  Our response to our request was astounding.  Our attorneys wrote the board a letter (you can read excerpts of the letter on the website) informing them that there are any number of causes of action resulting from the proposal they were making.  They also wrote the letters described earlier requesting the email addresses.

Since sending the original letter, the board has taken a different direction and has no immediate plans to convert the courts. 

Did you know pickleball courts were built and removed from the same Preserve locations being proposed? Pickleball  courts in the Preserve were removed once before due to noise complaints, impact on home values and impact to the clubhouse. And today there even more homes in the same area.  Courts were also removed at Desertview for the very same issues and problems. Do we need to keep wasting money and have conflict? The clubhouse and surrounding amenities are important to all homeowners in Saddlebrooke. The appropriate use of homeowners money is in question

Let’s look at some recent pickleball history.  In May, the Ranch prohibited HOA1 and 2 residents from using their pickleball courts due to Covid-19.  At the same time, according to the HOA2 board and Saddlebrooke Pickleball Association (“SPA”), the development of the new 8 Ridgeview courts was talking longer than anticipated. The result of those 2 issues was for the board to have 2 Preserve tennis courts temporarily made into 4 pickleball courts.

In mid-September, SPA made a request of the board to make the existing 4 temporary pickleball courts permanent and add an additional 4 permanent courts to the Preserve.

Somehow, we went from 4 temporary courts to 8 permanent courts.

This presented an unacceptable change to some HOA2 homeowners and the Saddlebrooke Tennis community. Just as a reminder, several years ago, even fewer courts were removed from the Preserve due to noise complaints. The area has even more homes now.

A group of us spent time during the past 2 weeks trying to find solutions for the issues raised by SPA for making the proposal in the first place.

One of the first things we did was contact the Robson group by phone and email.  To our surprise and despite what was said by the board at the board work session on Friday, Robson had never been contacted by the HOA2 board to see what could be done to resolve the issues.  Not only that, but at the work session the board indicated that Robson was in favor of pickleball at the Preserve.

Here is a direct copy of an email from Jack Sarsam, Senior Vice President – Operations, Robson Communities, Inc. Mr. Sarsam did emphasize these are his opinions only.

First it is clear from the email that Mr. Robson does not want Pickleball courts in the Preserve. 

Also, based on this email it would appear that the issue regarding the loss of use of the Ranch pickleball courts should be resolved very soon and HOA1 and 2 will be able to use the courts beginning by October 19^th.

EMAIL FROM JACK SARSAM SENIOR VP OPERATIONS ROBSON

Robson has been working with SPA, the HOA2 Board, and the county for more than 18 months to transfer the property necessary to construct additional pickleball courts by the RV Storage facility and next to the existing pickleball courts.  The Planning and zoning department has insisted on a number of requirements in order to accomplish this.  The COVID pandemic has slowed this process down significantly.   

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.

We continue to look for additional land with in HOA2 for additional pickleball courts, however, the options are limited.

Robson is working on renewing the SBR reciprocal agreement for 6 courts and should have that completed in a week.   It is estimated that play could begin there by October 19th.

Mr. Robson has made it clear to me that tennis is the preferred use at the Preserve.

Thank you, 

Jack Sarsam

When you read the email, you get the impression that the issues facing SPA relate to things they need to accomplish.  They still need to get permits and then commence construction at Ridgeview.  The ball is in their court and they are asking Preserve homeowners to live with the consequences of their inability to get the courts built as quickly as they would like.  And they want those 8 Preserve courts to be PERMANENT.  Where’s the logic in that? If they are allowed to take over these tennis courts, what will the future look like?

The board has now changed its position and has made the decision to keep the courts in the Preserve temporary until 8 new courts are built at Ridgeview.  While we found that decision was moving in the right direction, there were many contingencies that needed to be resolved for that to happen.  So we decided to meet with Jack Sarsum, Senior Vice President of Robson properties.

There are 2 new faces running for a seat on the Board of Directors for HOA2 – Shirley Dunbar and Grover Ligon.  What impresses us most about these two candidates is their desire to increase transparency between the General Manager, the Board and the homeowners.  Something that has been terribly lacking the past few years. 

A prime example of the lack of transparency has been the whole pickleball conflict and equally important, the Board’s desire to keep the Reciprocal Agreement discussions between HOA1 and 2 closed to homeowners.

We need people on the board who understand the importance of communicating with the homeowners on a timely basis.  We need people on the board who believe we need a well structured Reciprocal Agreement that benefits both HOA2 and HOA1.  We are all neighbors and should treat each other as such. 

We encourage you consider BOTH of these great candidates so change can be implemented on the HOA2 Board.

Below is a copy of the the board resolution regarding the Preserve tennis courts that are currently being used as 4 pickleball courts. If you recall, the original proposal was to convert two of the Preserve tennis courts into 8 permanent pickleball courts. As you can read below, the board has, at least for now, changed its position:

As of the posting of this resolution, the board has not published this where owners can read it for themselves. The copy above was a screen shot from the Zoom meeting.

Today the Board of Directors held a working meeting to discuss one subject – the Preserve pickleball courts. What we learned was encouraging. As Bob Kolenda said during the meeting, it was a very stressful 2 weeks. As it was for those of us attempting to change what appeared to be the Boards decision to permanently install pickleball courts in the Preserve.

Because of a lot of people, Robson got very much involved in the process and I am pleased to say that the Board was eager to work with him.

Let me try to highlight the key points of the proposal and also explain how it came about.

As you may or may not know, SPA paid $80,000 for the land at Ridgeview. Well, Mr. Robson and his staff have decided to gift the land rather than charge for it. In addition, Mr. Robson and his staff, identified another plot of land in the same area but slightly further south that will be gifted to HOA2 for an additional 6 pickleball courts. There are some costs associated with clearing the land but the Board believes it is still a great opportunity.

We also learned that there are still a few remaining items to complete for the building permit but SPA is hopeful that the permit will be pulled by February and construction completed by mid-summer 2021.

There was not a discussion on timing for the additional 6 courts in the to be acquired land from Robson.

In case you had not heard, the reciprocal agreement with the Ranch went into affect today and we now have access through April with a possible extension till September.

As far as the Preserve courts are concerned, they will remain temporary until the Ridgeview courts are completed and then they will be converted back into tennis courts.

All of this happened because of the efforts of those of you who supported our efforts to pressure the Board in a different direction and by your letting your opinion be known by the powers that be.

Thank you all…

In 2020 HOA2 conducted a survey of Saddlebrooke 2 homeowners to determine why they purchased here and what would make them leave. Below are the results of that survey.

The results of the above study was only just released last month. The top 5 reasons why people purchased a home in Saddlebrooke 2 were:

1. Weather
2. Scenic Views
3. Overall Community Appearance
4. Golf Courses
5. Sports and Fitness Facilities

They also asked what would be your reason to leave Saddlebrooke 2. The top 5 reasons were:

1. Health
2. Dues
3. Overall Community Appearance
4. House and Lot Design
5. Family

Each of these surveys had 25 reasons to choose from. What you won’t find in the survey is that pickleball is a primary reason for either buying here or selling. In fact pickleball is ranked #18 as the reason to buy in Saddlebrooke 2 and #21 as a reason to leave Saddlebrooke 2.

Despite the low ranking of pickleball, those in favor of converting 2 Preserve tennis courts into pickleball courts, continually insist that most people want pickleball here to maintain their home’s value. But that just is not the case.

The majority of buyers and potential sellers are not affected because a community has too few or too many pickleball courts. At least for the current homeowners in Saddlebrooke 2.

Amenities whether it be golf, tennis or swimming belong to all Saddlebrooke 2 residents. The Preserve is part of Saddlebrooke 2 and the amenities at the Preserve belong to all of us.

The Board’s first attempt to convert the courts was camouflaged by a request to have a 2 tennis courts temporarily converted into 4 pickleball courts. And the reason for that change, because the Ranch had cancelled our ability to use their courts due to the Coronavirus. Before making the change, did the Board consult with anyone, especially the homeowners, before they implemented the change. They did not.

And then out of the clear blue, we are informed the board is considering permanently changing the 2 Preserve tennis courts into 8 pickleball courts for use by SPA.

It was at that point that a number of Preserve owners started to question the reasons why this is really happening. Don’t forget, SPA had already negotiated with the board to build 8 new courts at Ridgeview giving them a total of 14 courts. But as it turns out, Ridgeview wasn’t happening fast enough. They wanted to insure that come November there would be at least 8 additional courts for SPA members to use. And we have copies of emails supporting that position.

But let’s fast forward to now. As of now, the Ranch has reinstated our ability to use 6 of their pickleball courts. So the initial reason for the “temporary” use at the Preserve is not longer an issue. So why are they still pushing to make 8 permanent courts at the Preserve.

Once again, it is because Ridgeview is not moving fast enough. Robson has been working with the board and SPA to have things finalized. And as we understand it as of now everything is dependent on the board and SPA to get the final permits issued and the courts built.

Residents for other uses like walking trails, fitness centers are concerned about funding allocations. The survey of residents shows numerous other uses at the top of the lists. What about them? Everyone waits for treadmills, swimming lanes, and to reserve meeting rooms.

• There are approximately 380 Pickleball players in HOA2. 
•  HOA2 has 300+ tennis club members (plus uncounted casual players). (Don’t forget you can play on a tennis court by just requesting a play time and you don’t have to be a member of the tennis club. That is not true for pickleball.)

If you go through the numbers and figure out how many players there are per court, you will find that the number is almost identical for tennis and pickleball (once Ridgeview is complete). These computations are based on the assumption that only Saddlebrooke 2 residents use the courts we have. And we say that because at this point the reciprocal agreement between HOA1 and HOA2 is up for renewal and it is impossible to know what the outcome will be.

Remember, SPA is comprised 2/3 HOA2 and 1/3 HOA1 but HOA1 has never provided any funding for pickleball.

Pickleball is a fun and great sport. But all of Saddlebrooke amenities are equally important.

• Published by the Sun Port Charlotte
• By DANIEL SUTPHIN Staff Writer
• Apr 18, 2019 Updated Jul 17, 2020

PUNTA GORDA — Punta Gorda Historic District homeowners in Punta Gorda served up another shot against pickleball play in Gilchrist Park at Wednesday’s City Council meeting.

During previous council meetings, homeowners along West Retta Esplanade said the noise causes anxiety, panic attacks and insomnia.

Bernie DePaul, who owns a house across from the courts, blames the noise for his stroke a few years ago.

“The noise across the street was relatively constant,” DePaul said. “I didn’t need a medical doctor to tell me it was bothering me. It’s been bothering me for years. When I went into the emergency room, the physician said there is nothing wrong with you … we can’t figure it out.”

Wednesday, DePaul presented to the council findings from a 2017 noise impact study he paid to have conducted in the area.

William Thornton, of Thornton Acoustics and Vibrations, wrote in his findings:

• The pickleball noise creates a human health risk as the link between certain types of noise (which includes the type of noise emitted by pickleball) and the risk of hypertension, heart disease, etc. is well established.
• The pickleball noise exceeds the limits set for in objective, science-based community noise ordinances as promulgated by communities similar to Punta Gorda.
• The pickleball noise exceeds accepted U.S.
• and international standards and guidelines (such as those produced by the United States Environmental Protection Agency, World Health Organization, etc.) for community and environmental noise emissions/levels.
• The pickleball noise significantly increases the community noise levels (relative to existing ambient noise levels) and the relationship between community noise increase and human impact/annoyance is well established in the scientific body of knowledge.
• There are no effective means (other than enclosing the entire pickleball court in a well-designed building) of reducing the noise emitted by the pickleball courts such as noise walls, barriers or screens. Although these types of solutions are frequently suggested, they are not effective (for reasons of fundamental physics) and will not reduce the noise to acceptable levels.

Thornton Acoustics has completed over 1,500 projects of similar nature since 1972, according to the company’s website.

“For the last 19 months, I’ve had every test that you can run that’s pertinent to my situation again and again,” DePaul said. “I have seven physicians − neurosurgeons, neurologists and cardiologists − that are waiting and ready to be deposed. I don’t have any more time for this … I’ve never sued anybody … but there’s no more time as far as I’m concerned.”

The City Council members did not comment on DePaul’s presentation.

Vice Mayor Lynne Matthews told the Sun that since council members just appointed a committee to review all the aspects of the pickleball situation, “we need to let them do their due diligence job.”

On March 6, the City Council established a pickleball committee as a fact-finding initiative. The committee suggested having a new noise impact study conducted. Details of that study were not available at the time of this report.

City staff is also in the process of purchasing and constructing an “acoustical” fence to dampen the noise at the Gilchrist courts. The timeline for that action is still being determined.

“Citizens are only asking you to uphold your sworn duty to protect our health, safety and welfare,” said Peggy Keen of the Historic District. “Pickleball is only a game, but the stakes for the residents of the Historic District are more dire.”

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 2^nd, 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 2^nd 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 7^th, the board had a Board Coffee meeting.  At that meeting they indicated there would be a meeting on October 19^th 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