At the upcoming AGM, members will be asked to vote on the Board of Trustees' recommendation that a Padel court be built in the Parkland and paid for by members. Every member will pay more than R2,000 each for this.
A few weeks ago, I wrote to the HOA suggesting that this inadequate proposal be withdrawn from the AGM agenda - the major issue being that no members whose homes are closest to the court have been consulted - but they rejected my suggestion. It is full steam ahead.
Early this year, a member who lives close the Parkland heard rumours of the possible location and wrote to the HOA. The HOA replied that "the proposal is in the early stages and requires more input." And that "members would be apprised of developments".
Yet the member never heard from the HOA. Neither did the other members living close by. None of us did. Until the AGM pack.
But, in reply to my letter, the HOA tells me that "Meetings have been held over the year with the pro- padel representatives regarding their proposal." So the only "input " they were interested in was from those wanting the courts!
As I understand it, for a quorum at the AGM, you need 15% of the members present. I don't know how many members there are, but it is about 550. 15% of that is 83 members.
If only 83 members show up at the AGM, and 42 of those 83 members vote for the Board's recommendation, we'll all be paying for a padel court located too close to some member's homes, affecting their lives and, likely, property values. Then the conflict will start. For which we can thank the Trustees.
Here's my letter to the HOA and their reply, with my comments added:
Sent: Tuesday, 17 December 2024 09:51
To: Paul Burchell - GM TIHOA
From: Ken Rutherford
Subject: AGM - Proposal for Padel court(s)
Dear Paul,
I’ve reviewed the HOA documents for the upcoming AGM, including the proposal for building one or two Padel courts, and I have serious concerns about both the process and its potential impact on the community.
The proposal seems to have been put forward by a member in favour of the court(s) and rubber-stamped by the trustees without fully considering the broader consequences.
While the trustees recommend a single court with no lights, the proposal includes the option for two courts with lights.
This raises concerns about transparency, as members could be asked to vote on a project where the final scope would be significantly larger than what’s currently recommended.
Most importantly, the proposal fails to address the potential impact on neighboring properties, nor does it appear that those who would be most affected were consulted. The included plan shows that:
3 properties are within 100 meters of the proposed court(s),
Looking further,
10 properties (including the clubhouse) are within 150 meters,
4 more properties are within 200 meters, and
2 additional properties are just beyond that, at 220 meters.
That’s 16 properties in total, all within a range where noise is likely to be an issue. Based on regulations in countries like the Netherlands and the UK, Padel courts should ideally be at least 160 meters away from residential areas to minimize noise disturbances, with even greater distances—over 200 meters—recommended for multiple courts.
This proposal doesn’t meet those standards, and the inclusion of an option for two courts with lights makes the potential impact even worse.
The funding model is another issue. Members are expected to cover the construction costs rather than adopting a user-pay system. This approach is unfair, especially since the tennis and squash courts were not funded by members.
User fees were considered but dismissed due to concerns about VAT registration or income tax. Yet the proposal estimates income of R550,000 for one court at 65% utilization, which is well below the R1,000,000 VAT threshold.
While tax may eventually be payable, it feels like the decision to dismiss user fees and charge the construction costs to members instead is simply the easier option.
This proposal feels rushed and incomplete. Members are being asked to vote on a project without enough information, and the impact of those who will be most affected has not been considered. I strongly believe this proposal should be withdrawn from the AGM agenda.
The trustees need to revisit this idea, conduct proper research, consult with members—particularly those directly impacted—and return with a plan that’s fair, transparent, and well-thought-out.
If this goes ahead as it stands, it risks becoming another divisive decision, adding unexpected costs, hours wasted, while making many members frustrated and angry —especially those living closest to the court(s).
Please take the time to get this right for everyone.
Sincerely,
Ken Rutherford
P79
It is ironic that residents who chose to live near the Parkland now face another threat to their lifestyle. Ten years ago this month, I exposed a plan by the trustees to build houses in the Parkland, a proposal that was withdrawn following strong opposition from members.
2 posts on this (there are more) from my blog, Thesen Islander News, in 2014:
I never thought...the real threat to the Parkland would be of an invasion led by HOA Trustees
I got a reply from the HOA on 20 December 2024. Here it is, with my comments added.
"The issues you have raised in your email regarding the padel court proposal have merit and have in fact been discussed by the Board at length. The noise factor is a big one which could prejudice homeowners in the proximity thereto. The Board have allowed the proposal in the pack for consideration and will discuss all the issues raised before any vote is held.
This was deemed to be the most fair way to air this issue with proper Member representation. They are also well aware that many Members will not play padel and may therefore not be willing to contribute."
My comment: To write that the Board "have allowed the proposal in the pack for consideration" is not a true picture of what is happening. The Board has recommended a Padel court, to be paid for by members, and it is up for a vote!
"Meetings have been held over the year with the pro- padel representatives regarding their proposal and as a result thereof it would be inappropriate for the matter to be withdrawn from the AGM Agenda. Members as always are encouraged to attend the AGM, in person or by proxy, and make their views known."
My comment: No meetings were held with any of the members who will be directly impacted by the proposal. Why not?
That the Board recommends a court and puts it up for a vote, is a slap in the face of those members who will have to live with the consequences. The failure of the Board to look out for the interests of ALL members is devastating.
Members need to make their views known at the AGM, either by attending or by proxy. It is clear that the court will have significant impact on those living close to it. Members need to look out for members, even if we would like a court. We cannot look the other way. Vote No.