Errant Golf Balls

Errant Golf Balls

Tuesday, June 29, 2010

8:30 AM

Dwain A. Kramzar

2624 High Range Dr.

Sun City Summerlin

Las Vegas, NV 89134

702.838.5049

Mr. Ron Winkel,

Executive Director, SCSCAI

Board of Directors, David Steinman-President

9107 Del Webb Blvd.

Las Vegas, NV 89134

Dear Mr. Winkel,

It is my understanding a study of errant golf balls on Highland Falls Golf Course has been conducted without giving any considerations to hole #4. My home is located at 2624 High Range Dr. (150 yd marker on the 4th fairway). My neighbors and I have made the SCSAI, including  Mr. Steinman/President aware of the hazards to our property and personal safety; the only response offered was being referenced to Article IV, section 4, Paragraph B, Disclaimer Applicable to Golf Course as in the CC&Rs. When I purchased my property in 1997 I was made aware of the CC&Rs specifically  Disclaimer Applicable to Golf Course  (iii) golf balls are not susceptible of being easily controlled and accordingly my land of strike beyond the golf course boundaries;

I am also aware or NRS40.140(1)(a) defines Nuisance as:

Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property…. Is a nuisance, and the subject of an action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.

I want to make one thing perfectly clear, I am not asking for anything more or less than what is described in Nevada Law and our the governing documents. I am asking SCSAI to rectify this situation before I replace my leaking roof do to the over abundant errant golf balls striking my property causing excessive damage to the roof tile, stucco and personal injury.

Mr. Winkel, in the past my correspondences to you and the Board have been habitually ignored. I would suggest we address these maters and move on as soon a possible. If you have any questions do not hesitate to contact me.

Dwain A. Kramzar

  

Created with Microsoft Office OneNote 2007
One place for all your notes and information