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?
We’ve posted a 1989 FAA guideline for Thru The Fence agreements that should help as a guideline for establishing an appropriate Thru The Fence agreement for your particular situation. The FAA in some regions has really been creating problems with TTF agreements but if you don’t have any federal funds involved, this shouldn’t be any problem for you. Since your situation is so unique, it appears to me an attorney with knowledge of real estate and general aviation should be able to put something together that would address your situation.
Of course, we’d like to see a sample TTF agreement submitted so we can share it with everyone.
As you’ve indicated, this isn’t a usual TTF agreement.
Keep us posted on what you come up with.