Quote:
Originally Posted by blueash
Legal experts say being in the line of fire comes with the territory when you buy into a condo or homeowners community that borders a golf course.
"The golf courses were not built overnight," said Donna Berger, of Katzman, Garfinkel and Berger, one of the largest community association law firms in the state (Florida). "I live on a golf course, too, and have had to deal with damages. But as the law sees it, owners assume the risk when they move in." She said it is similar when home buyers purchase a home near an airport. It is difficult for them to file a lawsuit based on airplane noise.
She said Florida and other states have routinely upheld that principle, adding that an owner may have grounds for a lawsuit when the golfing-related damage rises to the level of a general nuisance, such as a home or unit being struck on a regular basis.
|
This the exact point, the villages has built homes at close proximity to golf course number one and now takes on some of the responsibility.
Two we are not talking about noise we are talking about property damage due to golf balls.
I don't think anyone is complaining with the occasional shot here or there or a window broken every few year.
we are talking about continuous trespassing damage etc... and weather you believe it or not the Golfer is responsible for damage.
The term is not only General nuisance it is privacy nuisance also which has the responsibility of the golf course, designer, developer etc.. are held liable.
You can find case law both ways, but are strongly on the homeowners side for a situation like the villages for property damage and nuisance.
again if people follow moral fiber issue the law won't have to come into play.