Errant Golf Balls/response of 7/14/2010
Monday, July 26, 2010
8:07 AM
Mr. Ron Winkel,
Executive Director, SCSCAI
Board of Directors, David Steinman-President
9107 Del Webb Blvd.
Las Vegas, NV 89134
Dear Mr. Winkel,
I am disappointed that you and the Board chose not to acknowledge the hazards to our property and personal safety caused by the excessive amount of errant golf balls; the only response offered was being referenced to Article IV, section 4, Paragraph B, Disclaimer Applicable to Golf Course as in the CC&Rs, the same approach used in the Ivans and Unseitig settlement. According to your July 14th response to my request by Registered Mail, in order to have a written record of SCSCAI's intentions or lack of intentions regarding damages to my property, you directed your Golf staff to review my letter and look at the hole in question. For your information the Golf staff did not contact me or make any attempt to evaluate the seriousness of the problem.
Mr. Winkel, you are correct, I am aware of Article IV, section 4, Paragraph B, Disclaimer Applicable to Golf Course as in the CC&Rs, Disclaimer Applicable to Golf Course (iii) golf balls are not susceptible of being easily controlled and accordingly may land of strike beyond the golf course boundaries; also as stated in my correspondence Tuesday, June 29, 2010;
I am also aware that 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.
Furthermore, I stated that I wanted to make one thing perfectly clear, I am not asking for anything more or less than what is described in Nevada Law and our governing documents. I am asking SCSCAI to rectify this situation before I replace my leaking roof due to the over abundant errant golf balls striking my property causing excessive damage to the roof tile, stucco and personal injury. At this time, unless the Board of Directors under your guidance provides me with a letter advising me of some serious intention to correct this serious impediment to the safe use of my property, it will leave me no choice but to seek relief from the courts. Believe me this is not what I originally had in mind.
I look forward to a prompt positive response by August 2, 2010.
Dwain A. Kramzar-Member #11629000
Cc: Board of Directors, Director of Golf
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