Pickleball noise sparks lawsuit in tony Boca Raton community

Pickleball noise sparks lawsuit in tony Boca Raton community

Mike Diamond, Palm Beach Post

Tue, February 3, 2026 at 12:30 PM UTC

6 min read

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A legal pickleball brawl has erupted at a high-end Boca Raton development with two homeowners filing a lawsuit to force the HOA to close its pickleball courts because of noise issues.

“I don’t have anything against the game,” said Richard Kitt, a 20-year resident at Parkside at Boca Trail. "But it is like they are playing inside my kitchen. That is how close the courts are to me. There is an easy solution. Players can go to any one of a number [of] nearby county and municipal places to play."

The pickleball noise issue is playing out all over the country and the lawsuit may be the first of its kind filed in Palm Beach County.

Kitt, his wife Marci and Joseph and Ivy Sullivan, are seeking an injunction from a circuit court judge to shut down the two pickleball courts, alleging that the play generates such loud noises that it violates Boca Raton’s noise ordinance. The HOA converted tennis courts into pickleball courts in 2021 to accommodate the demand for pickleball. As a result, the Sullivans and Kitts claim their quality of life has significantly declined.

The attorney for the HOA in question would not comment on the lawsuit. However, in court filings, the association said it has taken measures to mitigate the noise and defended its decision to offer its members access to the popular sport.

Pickleball noise is an issue growing all over the country

According to the Acoustical Society of America, Park City, Utah, Torrance, California and several East Coast towns have amended their zoning codes to create rules that shield residents from pickleball noise. Some public entities have even had to relocate courts.

The group suggests that play not occur within 500 feet of a home, not far off from sound engineers hired by the HOA to do a report on the courts' noise impact; they suggested at least 300 to 500 feet from residences.

The Sullivans are just 67 feet from the courts; the Kitts, 72 feet.

Aerial view shows that Joseph and Ivy Sullivan's home is just 64 feet away from the pickleball courts at Parkside Trail in Boca Raton. The noise, they say, is so loud that they have sued the HOA to shut down the courts. It is the first-of-its kind lawsuit in Palm Beach County.

Each hit with a hard paddle has a quick, bright impulsive pop. Each court generates an average of 900 popping noises each hour, with many courts used 12 hours a day, according to the Acoustical Society.

“It is just very intrusive," said Kitt. "I cannot open my windows. I have a medical condition that is aggravated by the sound of the pickleball play. People think we hate the sport. I don’t hate it. I just want to enjoy my home and preserve my property value. We should not have to live like hermits.”

The issue of excessive pickleball noise has sparked the creation of the PickleballNoiseRelief.com website and a Facebook page. The group provides guidance on how to push back against courts being built too close to homes. The number of courts within 300 feet of homes continues to grow throughout the country, according to Rob Mastroianni of Falmouth, Massachusetts, an administrator of the Facebook page.

"If a court is that close, you are guaranteed to create conflict within a community," he said. "The sweet spot is closer to 1,000 feet. We are getting more and more complaints every day. We are monitoring more than 400 locations."

The Boca community is divided over keeping the courts or closing them

The community of 203-single family homes is deeply divided. The HOA surveyed residents in 2023 and only 30% of respondents support keeping the pickleball courts the way they are now, with 28% of respondents saying they should be shuttered. Homes at Parkland Trail often sell for more than $1 million.

The homeowners' case is strengthened by a $3,800 HOA study undertaken on its behalf by Keane Acoustics that found the homeowners' concerns were valid. The president of the company, Michael Keane, testified recently during a nine-hour court hearing that the pickleball courts are too close to nine homes. According to the lawsuit, the decibel levels from the courts were as high 73, which is similar to the backup warning beeper on a garbage truck. The city ordinance considers anything above 55 decibels to be a nuisance.

Kitt said he never had an issue with tennis play during the entire time he has lived at Parkside. But the repeated piercing pop sound of pickleball is difficult to cope with, he said, noting that pickleball players are far more vocal than tennis players and often play loud music.

The lawsuit claims the HOA never researched the negative impact of placing pickleball courts so close to homes. The HOA’s response: It had the right to alter recreational amenities based on changing conditions.

"Plaintiffs knowingly purchased lots located adjacent to the designated Recreation Area. While (only) tennis courts existed at that time, the Governing Documents did not, and still do not, limit the use of the Recreation Area to only tennis. As recreational activities and interests have changed, the Recreation Area amenities at Parkside have also evolved. The conversion of one tennis court to two pickleball courts is such an evolution."

William Kebler, the HOA lawyer, said he could not comment on pending litigation.

Meanwhile, tensions continue to mount at Parkside. One of the homeowners was verbally accosted by a pickleball player’s spouse, who had to be physically restrained, according to the lawsuit. A former board member was the target of a recall effort for sympathizing with the homeowners.

Aerial view shows how close some of the homes are to the pickleball courts at Parkside Trail in Boca Raton. The owners have filed a lawsuit to shut down the court, claiming the noise is unbearable.

"It is not the role of individual homeowners to enforce the rules, and this burden wrongfully falls upon the Sullivans and Kitts, and they are now ostracized by their neighbors of 30 years," said Grumer. The Kitts have video recordings of them reminding pickleball players that they are supposed to use the quieter paddles and that no one is supposed to play on Sundays.

“They just ignore us,” said Richard Kitt, “and things have gotten nasty. We have been told to move but how much could I sell my home for under the current conditions?”

More: Builder moves forward with The District, an Ag Reserve project that includes indoor pickleball

Pickleball courts can be seen behind a sliver of trees from a homeowner's backyard who has sued the HOA at a Boca Raton development over noise issues at the courts.

Lawsuit shows no signs of settling; future court dates not yet set

In its legal filings, the HOA argues that pickleball is not an activity that would “tend to annoy the community" or injure the the health of citizens in general. It called the effort to force it to shut down pickleball "extraordinary." The HOA noted that it has required players to use quieter paddles and ended play on Sundays.

Grumer, the attorney for the homeowners, said players are supposed to check out the quiet paddles at the gatehouse but of those that do, most never use them. They often are placed alongside a fence, and the noisier regular paddles are used.

Before filing the lawsuit, the homeowners sought $10,000 each for "the loss of peaceful enjoyment of their properties due to the HOA’s maintenance of a known nuisance." Now it will be up to the court to assess damages should the homeowners prevail. The homeowners say they have already incurred more than $50,000 in legal fees, adding that the HOA is trying to wear them down. Whatever side prevails may be entitled to recover their legal fees.

Mike Diamond is a journalist at The Palm Beach Post, part of the USA TODAY Florida Network. He covers Palm Beach County government. You can reach him at mdiamond@pbpost.com. Help support local journalism. Subscribe today.

This article originally appeared on Palm Beach Post: Pickleball noise near homeowners spurs lawsuit in Palm Beach County

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