Trust, Cooperation, and a Reality Check

Many residents may think that the concerned homeowners and Tennis Club are against Pickleball.

This is very far from reality.

Several in the homeowners’ group are Pickleball and Tennis players.A few even do both sports.  Residents like others in Saddlebrooke, enjoy the use of their outdoor patios. The concern is about a specific action and the location, not with the sport or the players.

Homeowners have questions about the wise use of HOA funds. They are concerned about the noise and location of courts. Is the Preserve an appropriate location? HOA2 homeowners are worried about the efficient and fair use of dues and reserve funds. Spending it wisely may include future spending for Pickleball. That is part of good planning and a budget. And in the middle of all this is the reciprocal planning process. But we seem to repeating past mistakes, instead of moving forward wisely. Several years ago, Pickleball courts in the same area were removed due to noise complaints and its affect on nearby sales.

The homeowners are also concerned about noise at Ridgeview. Can noise at Ridgeview be mitigated with better planning in the future? If it is expanded more, can that be done with less impacts? We should all be good neighbors, to residents of HOA1 and HOA2.

When Pickleball moved into Preserve (without notice) it was promised to be a “ temporary” situation. Homeowners and Tennis Players, did trust and cooperate. They did it in the spirit of cooperation to help Pickleball. When homeowners were promised better communication, they trusted Pickleball and the HOA board.

And based on that promise of better communication, were shocked when the HOA2 board  announced that they would be considering a proposal from Pickleball. That is to make the courts permanent and double the amount of use at these “temporary” courts. The announcement for a working meeting was done with a minimum three day notice in a Monday message.

Homeowners tried to communicate with other Preserve homeowners via a discussion thread on the Preserve unit website.  But the post was removed by the unit webmaster.

Only via others did homeowners learn that the working meetings would have presentations. And that the HOA2 board would choose specific individuals,  who would make  presentations.

In the following days they learned that homeowners who were pickleball players were being asked to make presentations about any homeowner concerns. And that homeowners could ask questions at the end but not comment.

Pickleball and the HOA initially identified two reasons or problems to justify the emergency temporary use at the Preserve. The homeowners tackled these areas first.

Homeowners contacted Robson about removing delays and roadblocks for Pickleball.

With that effort, homeowners found out that Robson has agreed to reinstate pickleball reciprocal for Saddlebrooke players to use six additional courts at the Ranch. This is an important intermediate step for Pickleball court use. County work was also completed by Robson, so Pickleball could proceed with building additional courts at Ridgeview.

Solutions were provided that addressed the justification for the use at the Preserve. But homeowners were surprised that the HOA was still considering permanent conversion at the Preserve. And even more surprised that none of that information was presented to all residents and homeowners during the working meeting. More indications that pointed to a final outcome.

The core group of homeowners started working with a couple of legal firms to identify issues. This seemed to be the only option after the promise of improved communication had failed and there were no other avenues available.

HOA2 bought Ridgeview for a Pickleball Center. Residents from the entire community have been relatively left out this process. How did they feel about the proposal to pay SPA money to remove courts in the future? How did they feel absorbing obligations for use by both HOA’s? How did they feel about change of use? How do homeowners feel about Pickleball spending funds at the Preserve rather than Ridgeview when they are asking for more base funding? Money spent at the Preserve would delay funds needed for Ridgeview.  A reciprocal analysis and negotiation is underway.

An HOA has an obligation to not impact homeowners’ rights to the healthy and reasonable enjoyment of their property. There is no denying that Pickleball noise will affect the rights and enjoyment by residents. Whether by contract or otherwise, homeowners bought and moved into an area with that expectation.

Homeowners recognize that Pickleball continues to be a sport enjoyed by residents. As mentioned in the presentation, it is a fun and healthy way for residents to spend time. It is a reality that Saddlebrooke was planned prior to Pickleball’s arrival in the community. There are many other communities with similar challenges and conflicts. Some repeated right here. Why do we keep it up?

No one sought conflict, or needs it. The severe impacts to homeowners, tennis users, other clubhouse users and the concern for HOA management and funding, and lack of communication, pointed to legal options as the only path available. We can only hope that the HOA board makes the right decision to continue with the current Ridgeview project and discontinues the “temporary” use at Preserve,

The HOA board consists of fellow neighbors and residents, who are all volunteers doing a difficult job. Pickleballers are looking for ways to expand their sport and are enthusiastic supporters.  The tennis community is concerned about the lack of playing courts for their growing membership and non member resident usage. Homeowners seek to maintain home-equity and fully enjoy use of their property. And residents want to ensure that their dues are spent wisely.

Despite the missteps along the way, homeowners have still offered to assist the HOA with planning efforts that could improve Pickleball in Saddlebrooke’s future.

“Tennis and Pickleball Parity” a presentation by Joan Martin at the Board Working Session – October 1, 2020

The presentation below was 15 minutes long and it was great. But if you don’t have the time to read it all the way through, let me summarize the more significant facts.

STC has added 108 new Members in the last 10 months.67% of these are HOA2 residents.

Tennis, according to a recent survey, is the 4th most popular sport in the world—with 17.9 million players in the U.S. and 1 Billion fans worldwide.

Although PB is deservedly considered a growing sport, it had only 3.3 million players in 2019. It does not even make the Top Ten of most popular. Tennis continues to be a major choice.

Contributing to the demand on Saddlebrooke tennis courts is the addition of a whole new sport —POP Tennis.

There is another demand on the Tennis courts. STC currently has 480 Members, but ALL residents, Members or not, are guaranteed the right to play on HOA tennis courts. It comes with their contracts and is paid for with their Homeowner’s dues. Although we cannot track their numbers, we see them regularly on the courts.

There is a belief that Tennis has fewer players per court than PB. The HOA2 Board has stated repeatedly that they want a fair and equitable use of HOA 2 resources. The Board explained to STC that this ratio was one of their reasons for “temporarily” granting PB use of 2 tennis courts.

So, of the 480 Tennis Members, 301 are HOA2 residents. There are 12 tennis courts in HOA2. 1 is off-line for damage, has been for awhile, and according to what STC has been told by the HOA2 Board, will be off-line until 2026 at least. 2 are being used by PB. That leaves 9 courts and 301 players. Or a ratio of 33.4 players per court. If the Preserve courts are returned to Tennis, the ratio would be 27 players per court.

PB has about 636 Members. Approximately 60% are HOA2 residents—or 382. There are 6 PB courts at Ridgeview with 8 more to be built. All are in HOA2.  So 14 courts, for a ratio of 27 players per court. Exactly the same as Tennis——assuming Tennis retains the 2 Preserve courts. So, the parity the HOA2 Board is striving for.

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To the HOA2 Board of Directors

The Saddlebrooke Tennis Club, representing 480 members, is overwhelmingly OPPOSED to the conversion of 2 Preserve tennis courts to Pickleball.

There is a host of seriously incorrect data being bandied about relative to Tennis, the Saddlebrooke Tennis Club, and Pickleball. It’s happening right now at this meeting. And, unfortunately, residents are using this data to form their opinions and make their decisions.

So, some facts:

#1 DEMAND.

The demand for Tennis in Saddlebrooke is high and growing. We need every tennis court.

STC has added 108 new Members in the last 10 months.67% of these are HOA2 residents. We continue to add new members every month. Many of these are new Saddlebrooke residents, and their stated reason for buying here is because of the large, active tennis community and the many opportunities to play tennis. A major factor in drawing this conclusion quickly while on a sales tour of communities, is the number of courts in Saddlebrooke. Proponents of PB are fond of saying the communities around us are adding PB-—so we need to get on the bandwagon. But, if you’re looking for Tennis, and clearly many are—buyers find Saddlebrooke is the place to be.

Tennis, according to a recent survey, is the 4th most popular sport in the world—with 17.9 million players in the U.S. and 1 Billion fans worldwide. Although PB is deservedly considered a growing sport, it had only 3.3 million players in 2019. It does not even make the Top Ten of most popular. Tennis continues to be a major choice.

Contributing to the demand on Saddlebrooke tennis courts is the addition of a whole new sport —POP Tennis. This is a new and growing sport, backed by one of the largest Sports Organizations in the world— USTA. POP is currently in its infancy, but is expected to have major growth. It attracts many for the same reasons as PB—it uses a smaller court and is easy to pick up and play. A sure recipe for growth in an active adult community. STC adds POP Members every month. 53 POP players have joined in the last 10 months. An additional 9 players have joined that play BOTH POP and tennis. In a recent survey, we found an average of 92% of POP players plan to continue. For the last 6 months, POP players have reserved an average of 13 courts a week. Even in the hottest summer ever. Starting in November, when the weather is cooler and the snowbirds are back, POP players expect to double their court requests.

Not only has STC added many new Members and a new sport, but many of the new players are younger and more active. As a result, there is an increase in normal court usage, and court demand during the approximately 8 months of League play has significantly increased. So it’s not just how many Members vs how many courts. It’s also a matter of how active the Members are.

League play is an integral part of the Tennis experience. Pickle ball has not yet reached this stage in its development—-but Tennis has been providing League play for many decades. So potential new residents and new Members naturally expect Saddlebrooke to have teams and play League.

STC members are enthusiastic participants. Over the last few years League play has grown dramatically. We used to play in 3 Leagues. Now we play in 5. We field multiple teams per League. Some Leagues require 3 contiguous courts, some require 5. Multiple teams in multiple Leagues can play on the same day. The Preserve is a significant site for League play because it has 3 courts and can host a League match. With just 1 court that is impossible. Last League season the Preserve courts were critical to our teams.

And League play has proven to be excellent advertising for Saddlebrooke. We are justifiably considered the best courts in Tucson. Some of our Members came here as opponents and ended up moving here.

And last, but definitely not least, there is another demand on the Tennis courts. STC currently has 480 Members, but ALL residents, Members or not, are guaranteed the right to play on HOA tennis courts. It comes with their contracts and is paid for with their Homeowner’s dues.

Although we cannot track their numbers, we see them regularly on the courts.

#2 USAGE.

We have seen the usage numbers used to determine that Tennis has courts to spare. We disagree. These numbers are inherently inaccurate because our data acquisition processes differ. The numbers Liam presented are very limited and do not represent full court usage.

STC does not have an on-line reservation system. Our reservations are done by our staff coordinators. These reservations are done for 3 sessions a day. The vast majority of these reservations are specific requests and all players on the court are known. So we know the court reservations are actually used. That does not mean the courts are not in use outside of these bookings. They most definitely are. Members play outside of the 3 sessions all the time. Non-Members and Members can walk onto a non-reserved court at any time. STC knows these are regular occurrences. But we have no way of tracking that usage and neither does anyone else.

Pickleball does have an on-line reservation system. It is quite full some, and can show reservations all day. BUT, we are all aware that those reservations are not actually the same thing as usage. Players change their minds but don’t cancel, courts reserved for Drop In do not draw any players, group play leaders don’t cancel when they don’t have players, and so forth. So Tennis usage numbers show less usage than actual.

And PB usage numbers show more usage than actual.

#3 PARITY.

There is a belief that Tennis has fewer players per court than PB. The HOA2 Board has stated repeatedly that they want a fair and equitable use of HOA 2 resources. They explained to STC that this ratio was one of their reasons for “temporarily” granting PB use of 2 tennis courts.

So we calculated the ratio of players- per-court for Tennis and Pickleball. In calculating this number, we included only HOA2 resources and HOA2 resident players. This is an HOA2 problem and should be determined using the relevant HOA2 facts. Plus, the reciprocity agreement will soon expire and no one knows if there will be any access to HOA1.

So, of the 480 Tennis Members, 301 are HOA2 residents. There are 12 tennis courts in HOA2. 1 is off-line for damage, has been for awhile, and according to what STC has been told by the HOA2 Board, will be off-line until 2026 at least. 2 are being used by PB. That leaves 9 courts and 301 players. Or a ratio of 33.4 players per court. If the Preserve courts are returned to Tennis, the ratio would be 27 players per court.

PB has about 636 Members. Approximately 60% are HOA2 residents—or 382. There are 6 PB courts at Ridgeview with 8 more to be built. All are in HOA2.  So 14 courts, for a ratio of 27 players per court. Exactly the same as Tennis——assuming Tennis retains the 2 Preserve courts. So, the parity the HOA2 Board is striving for.

But, if PB is granted the 2 Preserve courts—for an additional 8 PB courts, they would have 22 pickle ball courts for 382 Members. A ratio of 17 players per court! In this scenario Tennis’ ratio is 33.4 players per court. Approximately Twice as many as PB. Definitely NOT parity.

Clearly, the goal of parity is only reached with the completion of the Ridgeview Center and the return of the two Preserve courts to Tennis.

#4 THINGS TO CONSIDER

PB says: “We have far more tennis courts in Saddlebrooke than in any other retirement community”. Anecdotal until proven, not facts, but even so, in our eyes that’s a good thing. We attract the retirees that want an active tennis community. Real estate brokers are not complaining.

There is a serious lack of inventory and median prices are rising in Saddlebrooke. And in the Preserve, the major development area of SB & HOA2, houses are selling faster than they can be built. And PB says—“PB members who travel find themselves playing on converted tennis courts.” Again anecdotal.

But, OK, so— so what? HERE, in Saddlebrooke, demand for tennis courts is growing not declining. This is where the issue is, not out there somewhere.

And PB says —“Real estate professionals have reported to us that persons looking to buy in Saddlebrooke ask about pickleball more than any other amenity”. PB has been saying for years that people won’t buy in Saddlebrooke because there aren’t enough PB courts.

Again, I refer you to our prior statement. Real estate sales and home values are not being negatively impacted by the fewer number of PB courts in our community. Quite the opposite. What would impact sales is putting 8 PB courts in the middle of a quiet, upscale residential community.

One community cannot be everything to everybody—nor should it try. Saddlebrooke was created as a golf and tennis community. There is nothing wrong, and much still right about that today.

And PB says, there is a noise study commissioned by PB, that proves MT View and DV cannot pass the noise test but the Preserve can. The HOA2 Board explained that this is why the Preserve courts were chosen. This study is from 2009, seriously outdated, AND, PB has refused to allow STC to see this study. You have to ask— why?

And—There is much reliance on the various HOA2 sponsored survey findings. We do not have time today to review the problems built into each of these, but consider this one thing: just because some residents stated more PB courts is a good idea, DOES NOT mean those same residents want PB courts anywhere near their home. The 2019 DV Upgrade Survey is a case in point.

And—STC has just been told by J. Sarsam, a Robson VP, that the reciprocal agreement for 6 PB courts at the Ranch should be back in place by Oct 19. Since the stated reason for temporarily using the Preserve tennis courts

was the loss of the Ranch courts because of COVID-19 restrictions, this means that the Preserve courts will no longer be needed, even temporarily, as of Oct 19 and should be returned promptly.

And—Pickleball has offered to pay the $67,000 they say it will take to convert the 2 courts into 8 PB courts. BUT, if ever in the future they return to Tennis courts they want to be reimbursed $38K. Why should the HOA residents have to pay them? If residents were allowed to vote and they voted for PB, knowing this clause was included, that would be a different story. But they are not and have not.

And last, contrary to popular opinions, the Tennis community is not opposed to Pickleball. We are opposed to the idea that the only solution to PB’s expressed desire for additional courts is to take over tennis courts. We do not believe diminishing one amenity to satisfy another is in anyone’s best interest.

We do support the expansion at Ridgeview to create a PB Center. HOA2 homeowners already paid for the land to do this during transition. All PB courts in one area allows for use and events that scattering courts from one end of Saddlebrooke to the other does not. Yes, the construction process is slow. But impatience does not justify demanding tennis courts be converted. We need to stay the course, and push to get the PB Center completed.

We support the DEMAND, USAGE, and PARITY facts that all clearly show the need for tennis courts to remain tennis courts.

We support our residents and Members who are passionate about Tennis . Who bought at Saddlebrooke so they could play the sport they love. Who bought with the understanding that the Tennis courts were here to stay.

We support understanding that buying into a community that does not have what you want, with the belief that it can be forced to fit your needs, is inherently short-sighted and selfish.

We support the return of the 2 Preserve courts to Tennis.

Thank you. STC Members

To the HOA2 BoD:

The Saddlebrooke Tennis Club, representing 480 members, is overwhelmingly OPPOSED to the conversion of 2 Preserve tennis courts to Pickleball.

There is a host of seriously incorrect data being bandied about relative to Tennis, the Saddlebrooke Tennis Club, and Pickleball. It’s happening right now at this meeting. And, unfortunately, residents are using this data to form their opinions and make their decisions.

So, some facts:

#1 DEMAND.

The demand for Tennis in Saddlebrooke is high and growing. We need every tennis court.

STC has added 108 new Members in the last 10 months.67% of these are HOA2 residents. We continue to add new members every month. Many of these are new Saddlebrooke residents, and their stated reason for buying here is because of the large, active tenniscommunity and the many opportunities to play tennis. Amajor factor in drawing this conclusion quickly while on a

sales tour of communities, is the number of courts in Saddlebrooke. Proponents of PB are fond of saying the communities around us are adding PB-—so we need to get on the bandwagon. But, if you’re looking for Tennis, and clearly many are—buyers find Saddlebrooke is the place to be.

Tennis, according to a recent survey, is the 4th most popular sport in the world—with 17.9 million players in the U.S. and 1 Billion fans worldwide. Although PB is deservedly considered a growing sport, it had only 3.3 million players in 2019. It does not even make the Top Ten of most popular. Tennis continues to be a major choice.

Contributing to the demand on Saddlebrooke tennis courts is the addition of a whole new sport —POP Tennis. This is a new and growing sport, backed by one of the largest Sports Organizations in the world— USTA. POP is currently in its infancy, but is expected to have major growth. It attracts many for the same reasons as PB—it uses a smaller court and is easy to pick up and play. A sure recipe for growth in an active adult community. STC adds POP Members every month. 53 POP players have joined in the last 10 months. An additional 9 players have joined that play BOTH POP and tennis. In a recent survey, we found an average of 92% of POP players plan to continue. For the last 6 months, POP players have reserved an average of 13 courts a week. Even in the hottest summer ever. Starting in November, when the weather is cooler and the snowbirds are back, POP players expect to double their court requests.

Not only has STC added many new Members and a new sport, but many of the new players are younger and more active. As a result, there is an increase in normal court usage, and court demand during the approximately 8 months of League play has significantly increased. So it’s not just how many Members vs how many courts. It’s also a matter of how active the Members are.

League play is an integral part of the Tennis experience. Pickle ball has not yet reached this stage in its development—-but Tennis has been providing League play for many decades. So potential new residents and new Members naturally expect Saddlebrooke to have teams and play League. STC members are enthusiastic participants.

Over the last few years League play has grown dramatically. We used to play in 3 Leagues. Now we play in 5. We field multiple teams per League. Some Leagues require 3 contiguous courts, some require 5. Multiple teams in multiple Leagues can play on the same day. The Preserve is a significant site for League play because it has 3 courts and can host a League match. With just 1 court that is impossible. Last League season the Preserve courts were critical to our teams.

And League play has proven to be excellent advertising for Saddlebrooke. We are justifiably considered the best courts in Tucson. Some of our Members came here as opponents and ended up moving here.

And last, but definitely not least, there is another demand on the Tennis courts. STC currently has 480 Members, but ALL residents, Members or not, are guaranteed the right to play on HOA tennis courts. It comes with their contracts and is paid for with their Homeowner’s dues.

Although we cannot track their numbers, we see them regularly on the courts.

#2 USAGE.

We have seen the usage numbers used to determine that Tennis has courts to spare. We disagree. These numbers are inherently inaccurate because our data acquisition processes differ. The numbers Liam presented are very limited and do not represent full court usage.

STC does not have an on-line reservation system. Our reservations are done by our staff coordinators. These reservations are done for 3 sessions a day. The vast majority of these reservations are specific requests and all players on the court are known. So we know the court reservations are actually used. That does not mean the courts are not in use outside of these bookings. They most definitely are. Members play outside of the 3 sessions all the time. Non-Members and Members can walk onto a non-reserved court at any time. STC knows these are regular occurrences. But we have no way of tracking that usage and neither does anyone else.

Pickleball does have an on-line reservation system. It is quite fullsome, and can show reservations all day. BUT, we are all aware that those reservations are not actually the same thing as usage. Players change their minds but don’t cancel, courts reserved for Drop In do not draw any players, group play leaders don’t cancel when they don’t have players, and so forth.

So Tennis usage numbers show less usage than actual.

And PB usage numbers show more usage than actual.

#3 PARITY.

There is a belief that Tennis has fewer players per court than PB. The HOA2 Board has stated repeatedly that they want a fair and equitable use of HOA 2 resources. They explained to STC that this ratio was one of their reasons for “temporarily” granting PB use of 2 tennis courts.

So we calculated the ratio of players- per-court for Tennis and Pickleball. In calculating this number, we included only HOA2 resources and HOA2 resident players. This is an HOA2 problem and should be determined using the relevant HOA2 facts. Plus, the reciprocity agreement will soon expire and no one knows if there will be any access to HOA1.

So, of the 480 Tennis Members, 301 are HOA2 residents.

There are 12 tennis courts in HOA2. 1 is off-line for damage, has been for awhile, and according to what STC has been told by the HOA2 Board, will be off-line until 2026 at least. 2 are being used by PB. That leaves 9 courts and 301 players. Or a ratio of 33.4 players per court.

If the Preserve courts are returned to Tennis, the ratio would be 27 players per court.

PB has about 636 Members. Approximately 60% are HOA2 residents—or 382. There are 6 PB courts at Ridgeview with 8 more to be built. All are in HOA2.  So 14 courts, for a ratio of 27 players per court. Exactly the same as Tennis——assuming Tennis retains the 2 Preserve courts. So, the parity the HOA2 Board is striving for.

But, if PB is granted the 2 Preserve courts—for an additional 8 PB courts, they would have 22 pickle ball courts for 382 Members. A ratio of 17 players per court!

In this scenario Tennis’ ratio is 33.4 players per court.

Approximately Twice as many as PB. Definitely NOT parity.

Clearly, the goal of parity is only reached with the completion of the Ridgeview Center and the return of the two Preserve courts to Tennis.

#4 THINGS TO CONSIDER

PB says: “We have far more tennis courts in Saddlebrooke than in any other retirement community”. Anecdotal until proven, not facts, but even so, in our eyes that’s a good thing. We attract the retirees that want an active tennis community. Real estate brokers are not complaining.

There is a serious lack of inventory and median prices are rising in Saddlebrooke. And in the Preserve, the major development area of SB & HOA2, houses are selling faster than they can be built.

And PB says—“PB members who travel find themselves playing on converted tennis courts.” Again anecdotal. But, OK, so— so what? HERE, in Saddlebrooke, demand for tennis courts is growing not declining. This is where the issue is, not out there somewhere.

And PB says —“Real estate professionals have reported to us that persons looking to buy in Saddlebrooke ask about pickleball more than any other amenity”. PB has been saying for years that people won’t buy in Saddlebrooke because there aren’t enough PB courts.

Again, I refer you to our prior statement. Real estate sales and home values are not being negatively impacted by the fewer number of PB courts in our community. Quite the opposite. What would impact sales is putting 8 PB courts in the middle of a quiet, upscale residential community.

One community cannot be everything to everybody—nor should it try. Saddlebrooke was created as a golf and tennis community. There is nothing wrong, and much still right about that today.

And PB says, there is a noise study commissioned by PB, that proves MT View and DV cannot pass the noise test but the Preserve can. The HOA2 Board explained that this is why the Preserve courts were chosen. This study is from 2009, seriously outdated, AND, PB has refused to allow STC to see this study. You have to ask— why?

And—There is much reliance on the various HOA2 sponsored survey findings. We do not have time today to review the problems built into each of these, but consider this one thing: just because some residents stated more PB courts is a good idea, DOES NOT mean those same residents want PB courts anywhere near their home. The 2019 DV Upgrade Survey is a case in point.

And—STC has just been told by J. Sarsam, a Robson VP, that the reciprocal agreement for 6 PB courts at the Ranch should be back in place by Oct 19. Since the stated reason for temporarily using the Preserve tennis courts was the loss of the Ranch courts because of COVID-19 restrictions, this means that the Preserve courts will no longer be needed, even temporarily, as of Oct 19 and should be returned promptly.

And—Pickleball has offered to pay the $67,000 they say it will take to convert the 2 courts into 8 PB courts. BUT, if ever in the future they return to Tennis courts they want to be reimbursed $38K. Why should the HOA residents have to pay them? If residents were allowed to vote and they voted for PB, knowing this clause was included, that would be a different story. But they are not and have not.

And last, contrary to popular opinions, the Tennis community is not opposed to Pickleball. We are opposed to the idea that the only solution to PB’s expressed desire for additional courts is to take over tennis courts. We do not believe diminishing one amenity to satisfy another is in anyone’s best interest.

We do support the expansion at Ridgeview to create a PB Center. HOA2 homeowners already paid for the land to do this during transition. All PB courts in one area allows for use and events that scattering courts from one end of Saddlebrooke to the other does not. Yes, the construction process is slow. But impatience does not justify demanding tennis courts be converted. We need to stay the course, and push to get the PB Center completed.

We support the DEMAND, USAGE, and PARITY facts that all clearly show the need for tennis courts to remain tennis courts.

We support our residents and Members who are passionate about Tennis . Who bought at Saddlebrooke so they could play the sport they love. Who bought with the understanding that the Tennis courts were here to stay.

We support understanding that buying into a community that does not have what you want, with the belief that it can be forced to fit your needs, is inherently short-sighted and selfish.

We support the return of the 2 Preserve courts to Tennis.

Thank you. STC Members

Do we not learn from History. Are homeowner dues spent wisely?

Desert View Courts = courts built and then removed

In SaddleBrooke, pickleball foes, citing a local noise ordinance, succeeded in stopping play on the three courts opened in 2008, after pickleball players raised about $22,000 to help defray the cost of building them. Another neighborhood in the community also blocked plans to relocate the courts to its neck of the woods.

Jim Morris, 68, that neighborhood’s representative to the homeowners’ association, says, “We didn’t want [pickleball] within 400 feet of the nearest home.”

And at the Preserve = courts built and removed from same 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.

Courts have been removed at DesertView for the same issues. And today there even more homes in the same area. 

 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. 

“Home Owner Against Pickleball Courts in the Preserve” Presentation at the Board Working Session – October 1, 2020

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 19th.”  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 19th.”  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.

Petition to Stop Conversion of Tennis courts into Pickleball courts – September 22, 2020

The letter was sent to over 1,300 Saddlebrooke residents between September 22nd and September 29th 2020.

PETITION RE: CONVERSION OF

TENNIS COURTS TO pickleball COURTS

Some Insight Into the Issues:

In the last week we became aware that the Saddlebrooke Pickleball Association (SPA) has requested the HOA2 Board of Directors approve a plan to permanently convert two tennis courts at The Preserve into eight pickleball courts.  We do not object to new pickleball courts and most homeowners supported the addition of courts at Ridgeview.  What we do find concerning is the process that has been employed to address this request.

  • The Board has maintained that the pickleball courts at The Preserve would be “temporary.”
  • The September “For the Record” which states – “There is no plan at this time to add pickleball courts to The Preserve.”  Yet a Board meeting was scheduled for Sept 24th to hear from the SPA, the Tennis Club, and homeowners on a proposal by SPA to permanently convert two tennis courts to pickleball.
  • The Board decided they will select the person to make the presentation on behalf of the homeowners in The Preserve.  We find this unacceptable.  As homeowners we should select our own spokesperson who represents our views.
  • The SPA proposal has been under development for some time.  They have obtained cost estimates and have already selected a contractor for the work.  Is the Board just a rubber stamp for the SPA and no sincere desire on the part of the Board to provide all parties with the same information and time to prepare a presentation.
  • We believe one Board member should have recused himself from discussions and voting on this proposal since his spouse is on the BOD of the SPA.  At a minimum this situation creates the appearance of a conflict of interest.
  • The time period for the Tennis Club and homeowners to review the proposal and other documents is not adequate.  As such, the Board is not fulfilling its fiduciary responsibility to provide fairness and transparency to the homeowners.
  • Despite written requests to the Board, homeowners have not been provided a copy of the SPA proposal.
  • We have requested specific documents but have not received anything at this time. 
  • We have been told that the Board refuses to have a new sound study performed. Despite the fact the original study was done some time ago and involved fewer courts than are being proposed now.  The previous noise study may be obsolete.
  • Many homeowners have in their Purchase Agreements with Robson an amendment stating that the pickleball courts at The Preserve are “temporary.”  There is no mention of any future option to make them permanent.
  • We support additional pickleball courts and regret that bureaucratic delays have impacted the Ridgeview project, but that is not a justification to permanently expand the number of pickleball courts and reduce the number of tennis courts.  We object to the court usage calculations used for tennis versus pickleball and believe “Original SB amenities were created by the developer and guaranteed in various documents”. (From For the Record).
  • We believe the issue of additional amenities should be considered in the Strategic Planning process and not done in a two-week period as is now happening.
  • We seek fair representation and opportunity to participate in this process as impacted homeowners.  We are hopeful that this proposal is tabled and a process outlined through Strategic Planning is undertaken to make a long-term decision on this subject.  Failing to achieve a fair and equitable resolution, may force the concerned homeowners to pursue other remedies.
  • Part of the monies paid to Robson for HOA2 assets included an unstated amount for the land for the construction of pickleball courts at Ridgeview. This purchase was to provide a facility which would avoid conflicts with homeowners due to the noise generated.
  • Other Preserve amenities including the restaurant, clubhouse, pool and golf course will be adversely impacted by pickleball due to the excessive noise created by as many as 32 players. The noise from pickleball should be contained in the Ridgeview area. 
  • All HOA2 residents should have a vote for any significant elimination or change in use of a common area amenity. Changes such as this should only be considered after completion of an analysis of the reciprocal agreement for the amenity and completion of the facilities and strategic planning process. Since Both HOAs are in middle of deciding to modify or renew the reciprocal agreement for use of each other’s facilities. It does not make sense for HOA2 to absorb extra costs and impact HOA2 homeowners use of property and severely impact home values while trying to accommodate users outside of HOA2. New facilities and cost should be shared proportionately.
  • The Board and SPA are creating unnecessary potential legal exposure for HOA2 residents.  The burden for potential legal exposure rests on all HOA2 homeowners for an amenity utilized by both HOAs.

If you have sent any comments to the Board or have copies of documents that might help shed light on the current situation, please email them to Preservehelp@gmail.com