Westwood woman living next to private golf club teed off over lack of accountability for ‘battered’ home By: Chris Kitching Posted: 6:16 PM CDT Thursday, Oct. 12, 2023

Hey there, time traveller!
This article was published 12/10/2023 (780 days ago), so information in it may no longer be current.

The siding on Karen Bryngelson’s house in Westwood is scarred by holes she says were caused by errant golf balls launched from a private course next door.

She has been frustrated in her quest to hold someone accountable for the damage, after Glendale Golf & Country Club informed her that golfers, not the course, are responsible for property damage caused by wayward balls.

But since she moved into the home in 2012, no golfer has knocked on her door to accept responsibility. It’s a scenario she finds extremely unlikely.

“It’s very distressing that it’s OK to fire golf balls at my house and there’s no accountability,” Bryngelson, 68, said Thursday. “They’re devaluing my property.”

The Lepine Avenue resident wants Glendale to cover the cost of new siding. She also wants the club to install netting in a bid to prevent balls from leaving the course.

“I do worry that somebody is going to get hurt by a flying ball,” she said.

The retiree admits she didn’t think about damage from mis-hit balls when she purchased the bungalow house. The home was built in 1922, according to city records.

The golf course, located on the Assiniboine River, opened in 1946. It is now surrounded by homes or businesses on three sides. Businesses on the northern boundary have installed high netting.

On Sept. 6, Bryngelson emailed Glendale’s general manager, James Chapman, to claim her home had been “battered” by balls.

She suggested the course adjust its tee placements, install netting or barriers or put up signs to remind players of neighbouring properties.

Bryngelson told Chapman she expected the club to address the problem so legal action wouldn’t be necessary. She claims earlier phone messages were not returned.

Chapman expressed sympathy in his reply Oct. 3, while explaining the responsibility for any damage rests with golfers. The club, he wrote, would not pay for damages. Tee markers are adjusted, he added.

Bryngelson hadn’t taken up Chapman’s offer to discuss the matter over the phone as of Thursday. Her son, Dave Dickie, left a one-star review on Glendale’s Google listing.

“It’s very distressing that it’s OK to fire golf balls at my house and there’s no accountability. They’re devaluing my property.”–Karen Bryngelson

Chapman told the Free Press the homeowner has not given him any photos of property damage nor any invoices for repairs.

The course is set up in an effort to keep balls in play, he said.

“We’re trying to be a good neighbour,” he said. “Safety is the most important thing to me.”

It’s not feasible to install netting around the entire perimeter of the course, he said.

Chapman, who is in his fifth year managing the club, said members are aware they are responsible for damage to neighbouring properties.

Bryngelson’s neighbour, John Calista, said a wayward ball shattered one of his windows about six years ago.

He said Glendale paid for a new window, after he sent the bill to the club. At the time, he advised course management to erect a higher fence.

“Something has got to be done, because there are so many houses along here,” said Calista.

Another neighbour, who asked not to be named, said her car windshield was broken by an errant ball in June.

She said the club later told her it was not responsible and no golfer had owned up to the incident.

“It would be nice for them to consider some type of preventative (measure),” she said.

The woman and her husband had the windshield replaced, after paying a deductible amount not covered by their MPI policy.

Bryngelson has not yet gone through the insurance process. She does not plan to install netting at her own expense. Legal costs are prohibitive for her, she said.

Some disputes have been decided by the courts. Vancouver-based lawyer Manjote Jhaj said the law is clear that course owners and operators have a duty to protect neighbours from errant balls and be aware of potential damage.

Courses can take proactive steps, such as netting or tee-box adjustments, to mitigate the risk of damage and prevent disputes, she suggested.

In circumstances similar to Bryngelson’s, a court would consider whether errant balls are merely trivial or if there is unreasonable interference with one’s use and enjoyment of their property, the insurance defence specialist said.

“When considering whether a golf course is responsible for causing a nuisance, most case law in Canada seems to have a common general view that nuisance is exacerbated and established based on the frequency and seriousness of the interference,” Jhaj, an associate with Alexander Holburn Beaudin and Lang LLP, wrote in an email.

“In those cases, where over 200 golf balls — and up to 2,577 golf balls in one case — landed upon a plaintiff’s property, that was sufficient to establish compensable nuisance. On the other hand, 10 or 20 golf balls per year did not.”

The City of Winnipeg has a process for filing a claim for property damage caused by a ball hit on one of its three golf courses, said spokesman Kalen Qually.

A report must be filed by calling 311 or filling out an online claim form.

The claim is assigned to an adjuster, who conducts an investigation. The resident is contacted with a decision on the claim, said Qually.

Insurance Brokers Association of Manitoba president Don Normandeau said golfers and property owners have options to cover damage caused by a ball, depending on the scenario.

Golf Canada membership includes an automatic policy, while players can also protect themselves via a home insurance policy, he said.

Homeowners can make a claim through their insurance policy. Normandeau said additional options include a “floater” to reduce the deductible, or stand-alone glass coverage that carries no deductible and does not affect claims-free discounts.

There is some inherent risk for people who live close to a golf course, he noted, but they do not face higher premiums.

For vehicle damage, a claim with Manitoba Public Insurance would be subject to the customer’s deductible, said spokeswoman Kristy Rydz.

chris.kitching@freepress.mb.ca

Twitter: @chriskitching