Former Port of Orcas commissioner John Becker offers a detailed comment on the current thru-the-fence challenges Orcas Island, Washington residents are facing.

We received the following letter from Ed Jeffko relating to our recent (and ongoing) discussion of thru-the-fence arrangements:

If you think the FAA doesn’t reach into non FAA funded airports, think again. The FAA’s little brother, WSDOT is in lockstep.

I have 60 acres and my neighbor has 90 acres adjoining the Tonasket, Washington airport. We approached the city council to consider a TTF agreement so that we may do some development. They took it under advisement.

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My Parents have lived for over 20 years in Florida at the Spruce Creek residential airpark. They tell me that the Hangar, as it is not a living space, is not considered in the valuation for a home mortgage. My guess is the tax man has no problem recognizing it as a revenueable event / thing. I would have guessed in a situation like that, with runway access, it would have a positive effect on the valuation of the property.

Is this a Florida thing or is this another obstacle to living next to your airplane?

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Earlier this year, we asked for some data from our subscribers relating to airpark sales activity. The summary can be read here, but we received the following comment from Sweden just today. To read the other comment (13 in total) click here.

We have a magnificent airpark in Sweden where all 45 plots were sold in the time of six months. Now there are a few plots for sale (40 000 USD for a plot that fits hangar and house!) and that is even above the prices they were sold for initially.

Johan Hammarström
Chairman of the AirPark

Is the any help out there for someone who wants to build a small airpark? I’d like to create one in Texas with with about four lots and a 2600 foot strip. Any advice would be greatly appreciated. Thanks,

Doug McGhee

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We are a well established fly in community in the Atlanta area. We have corporate bylaws, and a new set of covenants to comply with Georgia code 44-3-220. None of this is a problem.

What we need some help on is a thru the fence agreement between one of the property owners and the HOA. One of our owners owns several acres adjoining community/HOA owned property and they keep horses there. At the present, they simply access their property “thru the fence” from their property, then across HOA property, then onto their adjoining land. We’ve not had any problems, and really don’t expect to, but I suggested a Thru the Fence agreement should be drawn up to establish the rules, guidelines, restrictions, etc for this resident to access his adjoining property (which is NOT part of the subdivision at all). He is quite agreeable to this and would like to draw up something.

Does anyone have any Through the Fence agreements they might be willing to share, to help us create something?

Thanks,

Chuck Hanna
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Does anyone have a set of airpark property owner’s association rules/bylaws they can share. I am in the process of buying a lot on a airpark that is under development and the property owner’s association will need to be formed and rules/bylaws written. The property owner’s association will own the common roads, common areas, and runway.

Jeffrey Letempt

Many states have laws governing property owners associations, Home owners associations, etc. These laws, depending on the state, may set requirements for establishing budgets, having audits of the books conducted, and specifying items that CANNOT be included in covenants. Make sure that if such a law exists in your state, that you have a copy of it and make sure your covenants are in compliance with the law.

Covenants and Corporate bylaws for the HOA (as a non-profit corporation) are two distinct documents. Covenants are the “rules to live by” and also tie the HOA as a non-profit corp to the community. The Corporation by-laws are usually approved by the state Secretary of State and govern the operation of the corporation.

Charles Hanna

Probably the largest collection of CC&Rs for residential airpark communities can be found on the Living With Your Plane website. In addition, many airparks have their CC&Rs listed on their website and we have added links to well over 100 airparks from our site. Just click on links to reach them

I suggest you go through some of the CC&Rs that we’ve got listed, find the parts that seem proper to you and get them to the developer. A good attorney should be able to help write good rules that fit the lifestyle you are looking for.

Dave Sclair
Publisher – Living With Your Plane

We have property on a gravel airstrip. The Board of Directors wants to chip seal the runway. Where can I find out about the strength, cost, endurance, upkeep problems, affect of temperature and any problems with chip seal?

Thanks.

Marilyn Emery

Dear Marilyn

Thanks for your inquiry seeking information about chip sealing a runway.

I would suggest you contact your state’s aeronautics division (frequently a part of the department of transportation) for some thoughts relative to the manner in which such work is done in your state. You might also want to contact your city or county public works departments since they are the ones most likely to utilize such methods for road maintenance.

Check your local phone book for paving contractors for some additional good information on such methods of paving. I doubt the FAA will be much help on info about chip-sealing but you might try the FAA’s airports department in your area.

While I am certainly not well-versed on paving and chip-sealing, I’ve had a few dings in the windshield of a car when rocks flew up from the tires of the car in front of me on a newly chip-sealed street. I would have concern about those chips dinging up my prop as well as chewing up the belly of my plane and the leading edge of the elevator, but those are strictly my personal thoughts and aren’t based on any knowledge of such systems.

Please keep me posted on what you find out. Perhaps some other airpark residents or developers will enter their thoughts and practical experience into this discussion.

Dave Sclair

Whiteplains Plantation (SC99) located in Gilbert, South Carolina has seen a recent increase in real estate activity. Inquiries and requests for information are forwarded to Steve Sanderson (217-766-4213), who routes them to the appropriate association officials.

During the past 6-8 months we have averaged about one inquiry per month, and have been visited by several families who have toured our fly-in community neighborhood.

At the moment we have several existing homes on the market, some home/hangar lots for sale, a few hangar lots available and one or two hangars being advertised. There are at least two real estate closings coming up in the near future, and several families are planning to come to visit soon.

Question: I recently struck 5 stakes placed along the taxiway edge and airpark tenant’s property line (so snow plows won’t damage his grass).

Covenants at the airpark state no shrubbery or trees should be planted less than 45 feet from the centerline of the taxiway. His were placed approximately 15 feet from the centerline. The covenants don’t say anything about stakes.

Who should pay for the damage to my Mooney? Me or the homeowner? The homeowner says it’s the pilot’s responsibility to see and avoid all obstacles as stated in the FARs. He basically shut down the taxiway and I couldn’t stop quick enough to avoid hitting them.

Thought you folks might have some ideas for me.

Thanks Dennis

P.S – AOPA directed me to your web site.

Answer: Unfortunately, it appears to me if you and your fellow resident can’t resolve this amicably between yourselves it will be necessary to consult an attorney to satisfy your situation.

I am not an attorney and certainly am not qualified to comment on the legal aspects of your disagreement. However, common sense makes it seems to me there probably is some negligence on both sides and you should find a way to get the issue resolved without having to resort to hiring attorneys or taking other legal steps.