Florida homeowners sue HOA over pickleball courts as county weighs sound rules

Residents of the Andalucia community in Apollo Beach filed a lawsuit against their homeowners association on Aug. 15 after the HOA converted clay tennis courts into pickleball courts, saying the games generate disruptive noise that unsettles nearby neighbors, including military veterans who say the sound could worsen post-traumatic stress disorder.

The complaint, filed in Hillsborough County, contends that the altered courts bring continuous and unpredictable “popping” noises within close range of homes. "Ten properties are located within 250 feet of the proposed courts," said Lori Sessano, a resident and a combat veteran, who told Fox News the sounds can trigger a fight-or-flight response and are similar to the noise of a handheld pistol or a pneumatic nail gun. Michael Wasielewski, a Vietnam veteran and fellow resident, said he supports recreation but believes the community is "not designed or zoned to withstand pickleball's continuous industrial-level noise."

The case is the first pickleball suit filed against an HOA in Hillsborough County but comes amid a wave of similar disputes across the United States. Commissioner Josh Wostal, who urged attention to sound measurements at a county board meeting, said at least 200 lawsuits over pickleball have been filed nationwide. He told commissioners that the sport’s equipment and court surfaces can produce higher decibel levels than tennis: "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."

Actor Robert Davi, 74, joined residents at the Aug. 20 Hillsborough County Board of County Commissioners meeting and demonstrated the noise, repeating a rhythmic "pong, pong, pong" to illustrate how persistent sound could affect nearby homes. "Would you like that next to your community?" Davi asked commissioners, saying he supports recreation but favors distance or ordinances to reduce impacts on residents.

Commissioners debated two motions related to pickleball permitting. A motion to impose a temporary hold on permitting new pickleball courts within 250 feet of residential homes failed on a 3-4 vote. A second motion directing county staff to research the growing number of lawsuits against municipalities over pickleball and to explore appropriate sound ordinances and distances passed unanimously. The board asked staff to develop recommendations to better protect neighborhoods when new courts are proposed.

The dispute in Apollo Beach echoes legal fights elsewhere. In 2022, a couple in Scottsdale, Arizona, sued their HOA after a nearby tennis court was converted into two pickleball courts, arguing the conversion made their backyard less usable and that the HOA did not consult residents. In 2020, homeowners in Austin, Texas, sued their HOA over plans for a pickleball court in a community common area, saying it would increase noise and traffic. Similar complaints have emerged in South Carolina and across California.

Pickleball has been the fastest-growing sport in the country, and municipalities and homeowner associations have been expanding facilities to meet demand. The Trust for Public Land reported a roughly 650 percent increase in the number of public pickleball courts in major metropolitan areas in recent years. Those growth pressures have collided with concerns about noise, property use and the authority of HOAs.

Homeowners who live under the governance of associations pay monthly fees and often face rules and fines for property appearance and behavior. Some residents and lawmakers have criticized HOAs for heavy-handed enforcement and lack of accountability. Florida state Rep. Juan Carlos Porras, a Republican from Miami, said he is pushing to eliminate what he described as "authoritarian boards" in some communities. "In the Free State of Florida, we should not have authoritarian boards dictate your day-to-day life with no accountability," he said.

There are an estimated 365,000 homeowners associations in the United States, housing roughly 30 percent of the population, according to commonly cited figures. As pickleball's popularity continues, local officials and courts are increasingly being asked to weigh competing interests: accommodating recreational demand while protecting residents' peace and, in some cases, addressing health concerns raised by veterans and others living nearby.

Hillsborough County commissioners have tasked staff with examining the complaints, sound measurements and legal precedent before recommending any specific ordinances or permitting setbacks. Until that review is complete, the Andalucia residents' lawsuit will proceed through the courts as the county studies how to balance the sport's growth with neighborhood impacts.