[golfing eagles]

Originally Posted by dewilson58

1st: I was sharing the legal prospective. OP didn't seem to understand.
2nd: "Irresponsible kids"..........probably not, could be jus as an accident as well.
3rd: Living on a golf course vs. baseball in a neighborhood.........very different.

Altruist..........Probably not that snowy white, but would pay for the window,
(except that guy on #4 Destin)

ESPECIALLY that guy. On a men's day about 5 years ago someone in my group hit a ball onto his roof while he was in his yard raking. I advised him NOT to go over and apologize but he insisted. The "guy" did his usual act of filming and yelling with his toes right up to the property line so as to not violate his restraining order. Two holes later they came and asked the golfer for info---the sheriff was in the pro shop.

I asked what happened 3 weeks later and the golfer said that he was presented with a bill for $800---the owner claimed the ball hit his gutter and he had to replace them around the whole house! I assumed he did not pay it, but he did---he stated he wanted to avoid "trouble". There is a distinctive difference in the sound of a ball hitting the roof and hitting a metal gutter, so we knew it was BS

First of all, why did the sheriff get involved in something that is purely a civil matter?
And secondly, everyone here (except the OP) realizes the homeowner assumes responsibility for damage caused by a golf ball.
Third, why pay an a$$h0l3?
And the obvious 4th, why do people like that buy on a golf course?

Full disclosure--I live on a golf course

End of rant

[Oneiric]

Originally Posted by zummy

Our bedroom window was broken by an errant golf ball

Sorry Zummy. Normal golf course etiquette is that the homeowner accepts the risk of living on a golf course.

[MCJEFE]

We get hit all the time. I ended up hanging two pieces of white wire closet shelving, one on either side of my bedroom windows. There is a tiny single zip tie holding them closed. In an emergency we can still open the window and push the wire shelving open. They work great and actually don't catch the eye.

[Villagesgal]

You live on a golf course, you know it can happen. It's a risk you take. I've lived on a golf course 22 years now, an occasional broken window is a risk I'll gladly take for the magnificent view I get to look at every day.

[Rosethorn]

Originally Posted by tophcfa

It’s the risk assumed when choosing to live on a golf course. Might want to consider replacing the window with plexiglass. Look on the bright side, a broken window is a much lower risk than having the owner of the golf course tear down the clubhouse, restaurant, and other facilities and building Villas where the facilities used to be. I’d be way more concerned about that happening now that precedent has been set.

Can you please provide details?

I’m new here and just spent a lot of money to buy a house on Tarpon Boils golf course.

Thanks for any explanation.

[Jayhawk]

[Rainger99]

Originally Posted by Rosethorn

Can you please provide details?

I’m new here and just spent a lot of money to buy a house on Tarpon Boils golf course.

Thanks for any explanation.

This article explains the law.

Who Assumes Liability When a Golf Ball Breaks a Window? - Club + Resort Business


Are Golfers Responsible For Broken Windows (Or Other Damage)? - justgolfin.com

[goblue12]

Originally Posted by zummy

Our bedroom window was broken by an errant golf ball

I do not feel sorry for you at all. You bought on the course knowing this might happen. Fix the window and move on

[pdnesbitt]

Originally Posted by zummy

Our bedroom window was broken by an errant golf ball

I’m sorry that your window was broken, but I am more sorry about some of the comments in this thread. I usually don’t jump into these forays, but I couldn’t leave this one alone this morning.

I love living in The Villages, but the one thing I hate is the entitled attitude by a few. I know we were all raised differently, but OMG, I sometimes can’t believe what I see and hear here, and the attitude towards golf course home owners seems to be the worst. So here’s how my mama raised me:

1) You damage someone’s property you are at fault. I don’t care if is an errant golf ball, a baseball, or whatever, you did it it is your fault. Under current laws you may not be liable for the damages, but you did it. So, the ethical and neighborly thing to do is fess up and pay for what you did.

2) You hit a stray ball into someone’s back yard, then that ball is no longer yours. It’s out of bounds, Club rules say to stay off private property, and state laws prohibit trespassing; it’s gone. I’m a golfer, I have hit balls onto someone’s property before, and I leave it for them. It’s theirs now.

3) Never, ever hit a ball off someone else’s property. I just can’t believe that someone would think it is ok to trespass in someone’s back yard, which is out of bounds, and hit the ball. The next time I see someone doing this I am calling the police and filing charges for trespassing and destruction of private property.

Those of us with golf course views, just want the same thing as any other Villager, we want to be able to sit on our lanai and enjoy the Florida weather. We don’t want people walking in our yard disrupting our tranquility any more than you would.

The coffee is kicking in now, so rant mode is subsiding, but just one final thought; we are all neighbors, we should act that way.

[BrianL99]

Originally Posted by pdnesbitt

.... but I am more sorry about some of the comments in this thread.

The next time I see someone doing this I am calling the police and filing charges for trespassing and destruction of private property.

Those of us with golf course views, just want the same thing as any other Villager, we want to be able to sit on our lanai and enjoy the Florida weather. We don’t want people walking in our yard disrupting our tranquility any more than you would.

The coffee is kicking in now, so rant mode is subsiding, but just one final thought; we are all neighbors, we should act that way.

This is about the most "neighborly" post I've seen all year.

That "calling the police and filing charges", stuff is what really got me.

[mrf0151]

When a Pro on tour hit someone, it is never the player's fault. The fan or in this case the homeowner assumes all responsibility always.
It would have been nice if this player would have knocked on your door and autographed a glove.

[merrymini]

The person responsible is the golfer who should accept the damage they did and pay for it. If they were honorable, they would do so. I guess the “I am not responsible for anything” mentality does not only exist in the younger crowd it exists in the entitled old people too.

[Justputt]

Originally Posted by BrianL99

This is about the most "neighborly" post I've seen all year.

That "calling the police and filing charges", stuff is what really got me.

Within the context of their entire post, it makes sense. Sorry if you don't/won't see that. I suspect it was more tongue-in-cheek unless you have a repeat offender. Their overall post is spot on, e.g. own your own mistakes, fix what you damage, and don't trespass on someone else's property and leave a divot in their yard! The law may be on your side when it comes to the damage, but as I was reminded growing up, the law is a set of rules for resolving disputes and doesn't always track right and wrong.

[golfing eagles]

Originally Posted by pdnesbitt

2)
....You hit a stray ball into someone’s back yard, then that ball is no longer yours. It’s out of bounds, Club rules say to stay off private property, and state laws prohibit trespassing; it’s gone. I’m a golfer, I have hit balls onto someone’s property before, and I leave it for them. It’s theirs now.

3) Never, ever hit a ball off someone else’s property. I just can’t believe that someone would think it is ok to trespass in someone’s back yard, which is out of bounds, and hit the ball. The next time I see someone doing this I am calling the police and filing charges for trespassing and destruction of private property.

..... We don’t want people walking in our yard disrupting our tranquility any more than you would.

Well, not exactly.

Law firm experts on Florida statutes:

"Under most circumstances, a person who enters your property without permission is trespassing. This is almost universally against the law. To claim a trespass, you must have warned the trespasser—asking them to stop. To press the claim, there cannot be valid reason for the trespasser’s presence.

Your property rights extend above and below, which means that someone who digs a tunnel under your property, or who flies a kite over your house may actually be guilty—if prosecuted—of trespassing.

Except for a particular instance in Florida
There are some exceptions to the trespass law. Most of them are in the case of an emergency. For example, the police may pursue suspected criminals across your property. You can trespass onto your neighbor’s property to save it if you saw their kitten fall into the pool. These are, for the most part, all practical and easy to understand.

Until you get to golf balls.

Under Florida property and real estate laws, any golf course community must include a section in their deed restrictions, easements, and covenants that allows golfers to retrieve their errant balls on your property.

In plain English, it means that golfers have a legal right—at reasonable times and in a reasonable manner—to come onto your property to retrieve a golf ball. We are unaware of any restrictions pertaining to the loud color of their Bermuda golf shorts contributing to being unreasonable. Just saying.

When I'm on my lanai "enjoying the Florida sunshine and a golf ball lands in my back yard, I tell the golfer just go ahead and get it.

[airstreamingypsy]

Originally Posted by pdnesbitt

I’m sorry that your window was broken, but I am more sorry about some of the comments in this thread. I usually don’t jump into these forays, but I couldn’t leave this one alone this morning.

I love living in The Villages, but the one thing I hate is the entitled attitude by a few. I know we were all raised differently, but OMG, I sometimes can’t believe what I see and hear here, and the attitude towards golf course home owners seems to be the worst. So here’s how my mama raised me:

1) You damage someone’s property you are at fault. I don’t care if is an errant golf ball, a baseball, or whatever, you did it it is your fault. Under current laws you may not be liable for the damages, but you did it. So, the ethical and neighborly thing to do is fess up and pay for what you did.

2) You hit a stray ball into someone’s back yard, then that ball is no longer yours. It’s out of bounds, Club rules say to stay off private property, and state laws prohibit trespassing; it’s gone. I’m a golfer, I have hit balls onto someone’s property before, and I leave it for them. It’s theirs now.

3) Never, ever hit a ball off someone else’s property. I just can’t believe that someone would think it is ok to trespass in someone’s back yard, which is out of bounds, and hit the ball. The next time I see someone doing this I am calling the police and filing charges for trespassing and destruction of private property.

Those of us with golf course views, just want the same thing as any other Villager, we want to be able to sit on our lanai and enjoy the Florida weather. We don’t want people walking in our yard disrupting our tranquility any more than you would.

The coffee is kicking in now, so rant mode is subsiding, but just one final thought; we are all neighbors, we should act that way.

Clearly we had the same mother raising us. The golfer should have notified the homeowner. Not the least reason, if it hit say a guest room window, when the homeowner was out, air conditioning could be going outside for months. Yes, the homeowner moved to a golf course home, but the golfer who hit the ball is responsible for breaking the window and should make it right.