Are Golf Course Owners Responsible for Excessive Golf Ball Damage From the Driving Range?

[patriciawelch]

A few months ago, I purchased a condo in a privately owned Country Club in Southern California. My condo is adjoining two other condos. All three of our condos face the golf course driving range.  Our driveways are roughly around 100 feet from the edge of the driving range.  I counted over 105 golf ball dents in the three garage doors. My tenant was in the garage and his small child was with him when a golf ball hit the door so hard it actually went into the door.  Luckily the garage door was down. Had it not been he or his child could have been badly injured or even killed.  My tenant also informed me that he never can leave his car in the driveway for fear of it being hit by these excessive stray driving course balls.  Based on the above-mentioned I believe that this driving range is a clearly a safety issue especially because it has no protective net and puts us in great danger for bodily harm and continuous property damage.  I have tried contacting the club owner but he refuses to do anything. I also contacted my HOA but they say it is not under their jurisdiction and that it falls under the actual golf course which leads me right back to the owner.  My questions:  Are there any California laws that would make it mandatory for the owner to put up a protective net for our safety?  If so, can you reply with that law so that I can send the specifics to the owner?

[iacas]

Paging @DeadMan.

[Double Mocha Man]

It looks they're hitting your garages with post-it notes, not golf balls.  Blue for boys; pinks for girls?  Seriously, I'd take it before your City Council and the Mayor.

[phillyk]

From what I have heard and can find, it depends on your specific situation.  The one factor that appears appropriate here is design negligence, as in how close to the range are you, are there enough trees in the way or other protections, etc. I don't know what the threshold for this is, though.  Other than that, neighboring homes are considered "spectator's" and assume the risk that you may be hit or that the golf may be a nuisance to daily activity.

EDIT TO ADD

https://www.cmaa.org/PcsTemplate.aspx?id=37538

Basically there are a lot of factors to consider. Is it continuous throughout every day that golf balls are entering the property, or is it a couple a day? It doesn't give a specific limit, but says its up to a judge/jury to decide.

Edited December 22, 2019 by phillyk

[Double Mocha Man]

Was the golf course there first?  Or the houses?  If the former I'd think Caveat Emptor for the home buyers.

[chilepepper]

I’ll take a different look at this......did you notice the driving range and door dents before you bought the place?

[patriciawelch]

Honestly, I did not notice the driving range was even there until after I bought the place.  My bad for not noticing and their bad for allowing these condos to be built so close to the driving range.  From what I hear, the range was there before 2005. The three condos in the direct fire  of the range were built in 2005.  But whomever may be at fault here does not negate the fact that there is so much ongoing damage and that there could be a potential serious injury as a result.  The sticky notes in the photos are the golf ball dents. There are over 105 dents so far.  I just had to replace my garage door because of the excessive hits. It caused my door to buckle and it kept getting stuck. Both my insurance company and an outside garage door company confirmed this.  My insurance co. would not cover this because they only cover tracking and not the door replacement.  Cost me $1000. I hope that I do not have to keep replacing my garage door but more than that I pray that no one gets hurt.

[Double Mocha Man]

Solution:  Set up a practice mat on your front lawn and learn how to play golf.  Drill shots back at the driving range.  That'll get the attention of the course owner.

[phillyk]

1 minute ago, Double Mocha Man said:

Solution:  Set up a practice mat on your front lawn and learn how to play golf.  Drill shots back at the driving range.  That'll get the attention of the course owner.

Or collect the range balls that go off property and sell them back to the owner.

12 minutes ago, patriciawelch said:

Honestly, I did not notice the driving range was even there until after I bought the place.  My bad for not noticing and their bad for allowing these condos to be built so close to the driving range.  From what I hear, the range was there before 2005. The three condos in the direct fire  of the range were built in 2005.  But whomever may be at fault here does not negate the fact that there is so much ongoing damage and that there could be a potential serious injury as a result.  The sticky notes in the photos are the golf ball dents. There are over 105 dents so far.  I just had to replace my garage door because of the excessive hits. It caused my door to buckle and it kept getting stuck. Both my insurance company and an outside garage door company confirmed this.  My insurance co. would not cover this because they only cover tracking and not the door replacement.  Cost me $1000. I hope that I do not have to keep replacing my garage door but more than that I pray that no one gets hurt.

I have a feeling there may not be a lot you can do other than purchase golf ball insurance/whatever it is called or build your own net to protect the property.  The problem is that variability of golf ball flight is in the nature of the game and is counted as such when it comes to suits. 

[David in FL]

 

How can the golf course prevent people from building “too close“ to the driving range?

If the course was there first, caveat emptor…

Edited December 22, 2019 by David in FL

[Buckeyebowman]

2 hours ago, David in FL said:

 

How can the golf course prevent people from building “too close“ to the driving range?

If the course was there first, caveat emptor…

My thoughts exactly. Reminds me of people who buy a house close to the airport, or a railroad line, and complain about the noise! 

[Double Mocha Man]

2 hours ago, David in FL said:

 

How can the golf course prevent people from building “too close“ to the driving range?

If the course was there first, caveat emptor…

Hey David... don't be stealing my Latin.  😉  Or perhaps we just think alike and you didn't read the prior posts...

[Double Mocha Man]

13 minutes ago, Buckeyebowman said:

My thoughts exactly. Reminds me of people who buy a house close to the airport, or a railroad line, and complain about the noise! 

When I bought my house I asked the owner if I could spend part of a day there, before committing.  It's a big investment.  I wanted to know if there were barking dogs in the 'hood.  What the path of the sun was.  Noisy neighbors.  There was no problem with nearby driving ranges.  Though, over the years, I've put a few golf balls in neighbor's yards.

[David in FL]

38 minutes ago, Double Mocha Man said:

Hey David... don't be stealing my Latin.  😉  Or perhaps we just think alike and you didn't read the prior posts...

[patriciawelch]

I appreciate your comments and understand what you are all saying. I am to blame for not realizing that the driving range was so very close to these condos and unfortunately there is no way for me to put up a net since my driveway connects to a cement narrow street directly across from the driving range.  I am stuck until I can afford to sell it.  I just hope no one gets badly hurt.  If and when that day happens then the club owner may decide to put up a net in the grassy area on the edge of the driving range.  That would have been a simple solution, unfortunately, the club owner is unwilling to do this.   Or, he could have attempted to move the driving range a few feet back or change the angle of it in a way to cause the balls to go into a different direction..  He is also unwilling to do this.  I was just hoping that there was some law which would force the owner to put a net or re-position the range.  If anyone knows of any California golf course law which would enforce this please let me know.   It certainly was poor planning of the builder to get building permits to place these three condos so close to the driving range.  This is not a noise problem like an airport. This is a safety problem.   I am not aware of any home ever being built right next to an airport runway. I do not think any city would approve that.  They should not have approved the plans to have these condos so close to the driving range and I should have not purchased this condo without doing my homework. For me, this is truly a lesson learned. 

[Double Mocha Man]

Patricia... the owner of the course is probably operating on a thin margin and does not want to build a very expensive net.  That is why he is uncooperative.  Still, I strongly suggest you talk to your Mayor and your City Councilperson.  That could gain you some leverage and a solution.

[DeadMan]

Talk to a lawyer. If the golf course is aware that golf balls are consistently causing property damage, and it happens pretty often, there's a good chance the golf course would be liable for the damage. If nothing else, a lawyer can probably send a nasty, threatening letter that will get the golf course's attention more than you have. 

Since you are in California, which has tons of laws, it is possible there is a law that might apply to the situation. The lawyer would be able to find out. 

FWIW, there's a country club near me that has a small range with houses at the back of it. It has restricted flight golf balls, a net, and fines anybody who hits a ball over the net. Point being, there are ways to tackle this, and it's pretty awful that the course won't do anything. 

Edited December 23, 2019 by DeadMan

[Golfingdad]

I’m in Socal and while I know this won’t be applicable everywhere, there is at least one upscale neighborhood adjacent to an upscale course (Pelican Hill) that has a “golf ball easement” across the properties.  Any lawyers curious to read the text, I can provide it, but the gist of it is “hey, fair warning, you’re buying a house next to a golf course, you can’t blame or sue us if you or it gets hit by a golf ball.”

Again, not saying that’s common, but probably couldn’t hurt to just run through your title docs to see if there’s anything in there.