Why Pickleball is Pitting Neighbor vs. Neighbor in South Florida Communities

The firm’s latest Miami Herald “Real Estate Counselor” column was authored by shareholder Nicole R. Kurtz. The article, which is titled “Why Pickleball is Pitting Neighbor vs. Neighbor in South Florida Communities,” focuses on a lawsuit filed in late May against the Parkside at Boca Trail Community Association by the owners of two homes in the community that illustrates disputes over pickleball courts do not appear to be abating.  It reads:

. . . The lawsuit alleges that the Boca Raton community’s board of directors ordered the conversion of tennis courts into pickleball courts in violation of the association’s governing documents, which do not grant the directors the authority to alter the use of the community’s common spaces. The complaint states that the board began discussing converting some of the tennis courts to pickleball courts in 2021, but it failed to investigate the impact to the surrounding homes and notify owners of the potential downside to pickleball’s associated noise.

The complaint alleges that the community’s homeowners did not take a vote to authorize the conversion of tennis courts to pickleball courts, which went forward without their approval and without the approval of two-thirds of the directors.

According to the complaint, the homeowner plaintiffs noticed an immediate impact upon the introduction of pickleball to the community. This included unreasonable noises stemming from the constant loud popping and the “change in atmosphere surrounding pickleball play as players use loud music and are far more vocal than tennis players.”

The lawsuit details how the association, in response to plaintiffs’ complaints, eventually formed a pickleball committee and agreed to conduct an acoustics study, which ultimately found that “the current noise emissions are too high (well over the decibel limits stated in the City of Boca Raton’s Noise Ordinance).” The suit further elaborates that normal pickleball play generates an average of 15 hits per minute, which amounts to 900 pops per hour emanating from each of the community’s three courts, and such noises can create chronic health hazards that cause stress and contribute to cardiovascular disease that could lead to premature mortality.

Nonetheless, the complaint says the association did not initially reduce the number of courts, hours of play, or take other actions to mitigate the impact on the affected residents in response to the study and complaints. It clarifies that the HOA ultimately prohibited pickleball play on Sundays, restricted its hours on other days to between 9:30 a.m. and 7:30 p.m., and recommended (but did not require) the use of quieter paddles.

However, the plaintiff homeowners allege that “[d]espite these restrictions, members do not respect the new rules. Sunday play continues, there is no respect for the time restrictions, and quieter paddles are not used (not that the quieter paddles are effective at reducing the nuisance).”

The complaint goes on to state that the plaintiffs made repeated demands during HOA meetings imploring the association to abate the nuisance, and they submitted a written request in April of 2024, but none of their efforts were successful.

The end result, it alleges, is the plaintiffs are suffering from physical and psychological stress caused by the continuous noise, they cannot enjoy their homes, and the community’s ongoing hostility towards them, despite the majority of owners also preferring pickleball play restrictions, has made them persona non grata.

The suit seeks to have the Palm Beach County Circuit Court issue a temporary injunction prohibiting pickleball at the community’s tennis facility as well as additional relief, which could entail returning the courts solely to tennis use, sound mitigation renovations, and/or financial compensation.

Based on the allegations in the lawsuit, it appears the plaintiff homeowners believe the Parkside association should have obtained owners’ input and approval prior to converting some of the tennis courts to pickleball courts. Many HOA governing documents contain restrictions on the alteration of facilities to other uses, and some impose prerequisites for proposed alterations such as requirements for approval from a certain percentage of the owners before changes may be effectuated. Any failure to comply with such provisions, and also allowing activities that create a nuisance, could expose an association to liability, so boards of directors should take a cautious and planned approach when considering alterations to common spaces.

While the plaintiffs in this case may contend the association’s responses were too little and too late, it and other communities considering the addition of pickleball courts should seek to find the right balance to satisfy the sport’s enthusiasts while also mitigating any potential impacts on residents’ quality of life. Designated playing hours for pickleball courts, which should be situated as far away from residences as possible, is perhaps an effective way to enable those most impacted by the noise to know when to expect to hear it and when it will cease.

Noise dampening wall and fencing systems for pickleball courts are also now available. Several options appear in online advertisements, and communities that are considering the addition of pickleball courts but are concerned by the potential noise disruptions should research these noise mitigation systems and consult with reputable vendors. . .

Nicole concludes her column by noting that just as with the addition of any amenities that may also entail some negative impacts, association directors and property managers would do well to present and discuss all the options and considerations involving pickleball with owners at their board meetings prior to formally proposing the addition of pickleball courts. She writes that by first seeking and considering the input from owners as well as qualified professionals, they can determine and implement the best possible approach for their community to potentially add this popular sport to its offerings and amenities.

Our firm salutes Nicole for sharing the takeaways from this lawsuit with the readers of the Miami Herald.  Click here to read the complete column in the newspaper’s website.

Our firm’s South Florida community association attorneys write about important matters for associations in this blog and our Miami Herald column, which appears every two weeks on Sundays, and we encourage association directors, members and property managers to click here and subscribe to our newsletter to receive our future articles.