Florida Community Associations Arguing Over … Pickleball?
Tennis courts are a common feature of many homeowners’ associations (HOAs) and condo associations. In recent years, some have been converted to accommodate a newer sport. Pickleball, invented in 1965, has grown quite popular in recent years, and many associations have converted courts in order to accommodate the requests of owners. However, not everyone enjoys the change. If this question is being debated in your association, it is important to understand the little details.
Is Ownership Approval Required For Change?
Tennis courts, pickleball courts, or any kind of similar facility will generally be classed as an amenity in a community association, making it part of the common elements, maintained by the association. In some HOAs, choosing to convert a tennis court to a pickleball court may not require any kind of input from owners, but in most HOAs and condo associations in Florida, a common element cannot be materially altered without the consent of the ownership.
It is important to keep in mind that this is usually the case even if the association’s governing documents state otherwise; sheer public policy concerns require that owners have input on a project that will materially alter an element used by all. On some occasions, it may be possible in some communities to circumvent the requirement of a majority vote, but most of the time, state law will control.
Potential Problems After Conversion
Even if your association and owners are able to agree on the conversion of tennis courts to pickleball courts, this does not mean that all will be smooth sailing afterward. One of the most common issues that appears after allowing pickleball to be played is that pickleball is a much noisier sport than tennis; it uses a “perforated[,] hollow plastic ball,” similar to a Wiffle ball, as opposed to a heavier tennis ball. This causes nuisance complaints for those who live near the courts.
What actually constitutes a legal nuisance is debatable. In general, a nuisance is an event that interferes with a person’s quiet enjoyment of their property. Normally, mere noise does not rise to that level, but if the noise is persistent and always audible, courts have made exceptions. Residents who live near the pickleball courts might credibly have a nuisance claim if they are constantly in use. The association must keep this in mind and act accordingly.
Contact A Hollywood, FL Community Association Attorney
Pickleball has become the next great trend in Florida community associations, but if yours is interested in joining the fun, it is important to understand just what that may entail in a legal sense. A Hollywood, FL community association attorney from The Law Offices of Steven A. Mason, P.A. can try to assist in answering your questions about any legal requirements. Contact us today to speak to an attorney.
Source:
flsenate.gov/Laws/Statutes/2025/718.113
