Fences bordering the golf course... Cancel The title field is required!

1. Ashton Alan W

   
   3/16/2012 10:03 AM

   Did a quick search and didn't find that this had been discussed before...
   
   I'd like to get opinions/feedback on what you do with respect to homeowners claiming that their wall at the edge of the course was damaged due to the over spray from the sprinklers. Have a gentleman who thinks we should pay for the replacement of the wrought iron portion of his fence. In the past, I have told residents that we do our best to make sure the heads are in adjustment (they stay 3' from the wall on either side of the arc) and make repairs when the internal decides to become a 360! Even when the heads are adjusted perfectly, we all are aware of the mist that comes from our sprinklers... seems that, for the homeowner on the edge of the course, it's part of the "price of doing business"...
   
   What say you?

   
   
   
   
2. Mark Van Lienden

   

   14 posts
   
   3/16/2012 10:03 AM

   I would think you are liable for any water that leaves your property.It would be the same as if water hit a street and then froze causing an accident.

   
   
   
   
3. Steve Nelson

   

   0 posts
   
   3/16/2012 10:03 AM

   Check the CC&R's for the community. Often if the homes were developed in conjunction with the golf course there will be a variety of protections for the course written in.

   
   
   
   
4. Patrick Reinhardt

   

   0 posts
   
   3/16/2012 1:03 PM

   Steve Nelson, CGCS said: Check the CC&R's for the community. Often if the homes were developed in conjunction with the golf course there will be a variety of protections for the course written in.

   
   
   This. Our CC&Rs state that no fence can be placed within 25' of the golf course boundary, even though the golf course and housing are no longer together.

   
   
   
   
5. Andy Jorgensen

   

   1 posts
   
   3/17/2012 6:03 AM

   So what about dew and rain? Do they not affect wrought iron as well?

   
   
   
   
6. McCallum David K

   
   3/18/2012 8:03 AM

   Our limits are no fences within 8" of the golf course out of bounds. Golf course came first with developement afterwards. Gives some margin of error for irrigation as well as giving a golfer the opportunity to swing at a golf ball that is just inside the OB stakes though he may be standing out of bounds......no fence to hinder a swing. Have had no issues in 12 yrs with golf course irrigation infringing on homeowners property.

   
   
   
   
7. Wahlin Scott B

   
   3/18/2012 11:03 AM

   I do not pay for anything that does not have a PO associated with it.

   
   
   
   
8. Ashton Alan W

   
   3/21/2012 10:03 AM

   I checked with our community association and our 40+ year old CC&R's have nothing with respect to the homes bordering the golf course.
   
   I tried to find some legal precedent on this as it is my feeling that the course was there first...
   
   My contention is that the over spray mist from the running of the sprinklers is a necessary evil that the homeonwer has to live with in order to have the golf course view... it's the price of doing business.
   
   Also, this particular homeowner replaced the wrought iron portion six years ago and only painted it for a second time last year... I don't think he can expect much if he doesn't maintain it better.
   
   Anyway, if anyone comes across any legal stuff that would relate...

   
   
   
   
9. Jeffrey Clouthier

   

   0 posts
   
   4/1/2012 6:04 PM

   Different issue but along the same lines -
   
   A couple months ago a very heavy snow storm dumped about 2 feet, causing a lot of tree damage around the course. A very large tree branch fell from a tree on our property onto a homeowner's deck, smashing the rail. After an inspection by us and our insurance company, it was determined that we could not have known that the branch was hazardous because there had been no previous issues with the tree and there was no sign of disease or rot in the branch or any part of the tree. The claim for damages was denied and the homeowner was not happy, but I also think one of the reasons for the denial was because the course and tree had been there long before her house was.