Are the rules right for you?

When considering acquiring a lot or home on a residential airpark, most people give little thought to negatives. Unfortunately, in many instances these can be the deciding factors on whether an airpark will be an enjoyable experience for you and your family. One of the negatives relates to prohibitions on certain types of airplanes or […]

When considering acquiring a lot or home on a residential airpark, most people give little thought to negatives. Unfortunately, in many instances these can be the deciding factors on whether an airpark will be an enjoyable experience for you and your family.

One of the negatives relates to prohibitions on certain types of airplanes or activities.

Do you fly a prop-jet or a full jet aircraft? Are you the builder of an experimental plane? How about owning and operating an ultralight machine? Are you a helicopter enthusiast?

Most people buy into an airpark without giving any thought to aircraft other than single and multi-engine prop planes of the most popular type – the Cessna, Piper, and Beech.

After getting into their home and bring their ultralight airplane or helicopter in for the first time, they suddenly start getting negative reactions from neighbors.

That’s when someone starts looking closely at the covenants, conditions and restrictions (CC&Rs) to see how the helicopter or ultralight or jet can be restricted from operating at the airpark.

Unfortunately, it is rare that the CC&Rs get into the finer points of the types or aircraft that can and cannot be operated on the field. When such a situation arises, there are usually homeowner association meetings filled with anger and disappointment. Friendships are shattered and families sometimes find disagreements within their own.

How can it be resolved?

If there is nothing in the CC&Rs related to the types of aircraft that can be operated from the field, there is nothing that can be done against the operator, in most cases. It is possible that local noise ordinances might be brought into play, but that, again is unusual

The moral of the story is that the CC&Rs must be examined closely when you are considering a purchase to make sure they contain all the elements that you consider important for your way of life.

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