Florida homeowners sue HOA over conversion of tennis courts to pickleball courts amid national surge in disputes

Residents of the Andalucia community in Apollo Beach, Florida, filed a lawsuit against their homeowners association on Aug. 15, alleging that the conversion of clay tennis courts into pickleball courts has produced disruptive noise that unsettles nearby neighbors, including military veterans with post-traumatic stress disorder.

Plaintiffs in the suit say sounds from fast, repetitive pickleball play — described in court testimony and public meetings as a series of sharp, unpredictable "pops" — can trigger fight-or-flight responses for people living within a few hundred feet of the courts. The complaint names the HOA as defendant and says at least 10 properties are located within 250 feet of the converted courts.

Lori Sessano, a resident who is part of the lawsuit and a combat veteran, told Fox News that the noise could worsen her PTSD. "Those unpredictable pops triggers fight or flight response. This is similar to the sound of a handheld pistol or a pneumatic nail gun for construction," she said. Michael Wasielewski, a Vietnam veteran and another plaintiff, said he supports recreation but believes the neighborhood is not "designed or zoned to withstand pickleball's continuous industrial-level noise."

The dispute drew broader public attention at a Hillsborough County Board of County Commissioners meeting on Aug. 20, when actor Robert Davi, 74, testified against locating courts near homes and mimicked the repeated sound by chanting "pong, pong, pong" to make a point about proximity and quality of life. "I could spend three minutes doing that. Would you like that next to your community?" Davi told commissioners. "We need you guys to step up. We need you to really put in an ordinance."

Commissioners were split on immediate action. A motion to temporarily halt permitting new pickleball courts within 250 feet of residential homes until county staff identified an appropriate distance failed on a 3-4 vote. A second motion directing staff to research the growing number of lawsuits and to study sound ordinances and appropriate setbacks for new courts passed unanimously.

Hillsborough County Commissioner Josh Wostal noted that while this is the county's first lawsuit against an HOA over pickleball, more than 200 similar lawsuits have been filed nationwide. He said measured decibel levels from pickleball activity can exceed local noise ordinances in some cases and described technical reasons why the sport can produce high-impact sound. "A tennis racket is hollow plastic. A tennis ball is a hollow rubber and then it bounces on a soft clay court. Pickleball is a hard racket with a solid ball bouncing on a hardened asphalt," Wostal said.

The Florida suit is part of a broader wave of disputes between homeowners and HOAs as communities across the United States convert tennis courts or build new facilities to meet rising demand for pickleball, which has been identified as the fastest-growing sport in the country. The Trust for Public Land has reported that the number of public pickleball courts in major metropolitan areas has jumped about 650 percent in recent years.

Courts in other states have faced similar litigation and controversy. In 2022, a Scottsdale, Arizona, couple sued their HOA after a tennis court was converted into two pickleball courts, saying noise had made their backyard unusable and that the HOA had not consulted them. In 2020, homeowners in Austin, Texas, sued their association over a planned pickleball court in common areas, arguing it would increase noise and traffic. Complaints have also been recorded in South Carolina and throughout California.

The disputes have intensified scrutiny of homeowners associations themselves. Residents living under HOAs pay monthly fees to associations that can impose rules and fines for property infractions, and some state lawmakers and residents have criticized what they describe as overreach by boards. Florida State Rep. Juan Carlos Porras (R-Miami) has called for reducing HOA power, saying residents should not be governed by "authoritarian boards" without accountability.

There are an estimated 365,000 homeowners associations in the United States, covering roughly 30 percent of the population, according to industry estimates. The proliferation of pickleball courts and the increase in litigation has prompted some municipalities and counties to commission studies of appropriate sound standards, buffer zones and permitting processes for recreational facilities.

In Hillsborough County, commissioners have asked staff to examine potential ordinances, sound mitigation measures and setbacks for new courts and to report back with recommendations. The outcome of the Andalucia lawsuit and any county policy changes could influence how other Florida communities and HOAs address competing interests between residents seeking recreational amenities and neighbors concerned about noise and quality of life.

Attorneys for the parties in the Apollo Beach case did not immediately respond to requests for comment. County staff are expected to review sound data and legal precedents as part of the research directed by the board.