I read your recent article in the April 4, 2008 Issue of General Aviation News regarding airpark liability insurance.
Our airpark, High Mesa Airpark LLC has a 3300 foot long, 60 foot wide runway. Each of the 20 lots of 2 acres owns property out to the middle of the runway, with a setback of 150 feet where no construction is allowed. Each lot owner makes his own taxiway to the runway.
In your answer, “Hopefully the runway, taxiways or other common property are held by a homeowners association that is incorporated.” The question is what is meant by the words, “held by”?
Also, in paragraph two, “consider the value of the property owned by the association.” Our association does not own any of the runway itself.
How could one distinguish between runway ownership and home ownership of for example lot 7, and a common runway?
The situation might also be complicated by our County Planning and Zoning regulations.
In the event of an “incident” leading to litigation, most likely occurring on the runway, the situation becomes even more unclear.
I concur with you in that I would not want to be part of an association that goes without liability insurance. Possible resolution of these questions might come from a study of other examples of past cases involving air park associations in litigations.
Do you know of an attorney with experience involving air park associations? Please advise.
Ron Garver, Maintenance Manager
Phil DiBartola, Air Park Assn. President