Wolf Lake Airport [4AK6]

Wolf Lake Airport Property Owners' Discussion Forum

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#1 07-09-2008 11:26:11

WBell
Member
Registered: 07-09-2008
Posts: 106

Status of Homeowners' Association

Hi All,

I've been a property owner at Wolf Lake since 2002. I've built a house along with the hanger on Flying Circus Circle and I have two undeveloped lots on Skyvan.

In the nearly 7 years I've been around Wolf Lake I've paid my dues each year and voted twice for the airport lighting system. However, I've never voted for officers, seen a budget for the Wolf Lake Airport development nor had any communication about the status of the association and the officers.

I emailed Jill Crinklaw at Steppers Construction/D.E. Northfork, LLC as that's who I've been paying my dues to and sending other materials. I asked for the following information:

1. Names and addresses of the property owners who are members of the association paying the dues for the airport -- (her response was I could build my own list by going to the
    MatSu web site and getting the addresses from the taxing office.)
2. Is there one association?
3. Do you have the governing documents you can forward regarding the addition of the lots into the association?
4. I’ve never been contacted to vote. Are there elections being held?
5. Who are the officers, their terms, etc?
6. Can you forward the by-laws and governing documents of the association?
7. Is the fueling facility located on a common area of the airport? I can get this from the plat but thought you might know the answer. If it is on common ground does the owner’s
    association receive any rental, profits or monies from fuel sales?
8. Were there any bids for the Wolf Lake Airport lighting system that is currently being installed? If so, would you please provide copies?

As of this date I've not received any response.

If anyone can fill in some of this information it would be helpful in getting the property owners up to date on the status of our community.

Thanks,

Wyatt Bell

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#2 07-14-2008 15:13:57

mike easley
Member
Registered: 07-14-2008
Posts: 31

Re: Status of Homeowners' Association

I am not a member of the Home owners and pay my share for the airport costs to North Fork and have never had a problem with notification or communication. John owns the airport, that is who I check with on what is going on around here.
Mike

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#3 07-14-2008 15:40:38

WBell
Member
Registered: 07-09-2008
Posts: 106

Re: Status of Homeowners' Association

Hey Mike,

I'm curious if there is a homeowners' association. Do you know? I've never voted or had any notice of one.

When you say John Eshleman owns the airport do you mean the runways and taxiways, etc.? I was thinking all of that was a common area of the subdivisions that were shared by the property owners.

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#4 07-14-2008 18:03:37

mike easley
Member
Registered: 07-14-2008
Posts: 31

Re: Status of Homeowners' Association

Yes there is a homeowner's association that encompasses the residents on the north side of the runway. It was my understanding that after so many lots were sold in the areas on the South side they were supposed to start there own but not sure if that is a Borough rule or rumor? We live in John's old house on the lake and it was supposed to be included within the existing homeowners but John was never a member so i carried that precedence and pay the commercial fees to keep my options open as to my use since this lot is desgnated res/comm. The lots west of this one are all considered commercial and they do not have a homeowners assoc. either. I believe they were approached at one time by the origianl assoc. but they weren't interested as I am not. Some of the previous leaders were a little TOO active I think. The tracts comprised of the runway and taxiways are owned by Wolf Lake Airport Inc. pg.224 book269covenants for Aero Subdivision on Wolf Lake Palmer recording Platt#82-83. Last adress I have for Wolf Lake Homeowners Assoc. is P.O. Box 3123 Palmer AK 99645-3123. Look at book 269 start pg 217 for protetive covenants.

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#5 07-14-2008 21:01:41

WBell
Member
Registered: 07-09-2008
Posts: 106

Re: Status of Homeowners' Association

I have not done a title search to determine if there's a dedication of the runways and taxiways regarding the old section. The dedication for the taxiways are in subsequent plats I've looked at on the south side.

You're saying the dedication is contained in the covenants in Book 269, Page 224. I'll need to get a copy. When you say John Eshleman owns the airport do you then mean he owns Wolf Lake Airport, Inc.? Is Wolf Lake Airport, Inc. an Alaska Corporation currently in good standing?

You sound as if you're an Eshleman cheerleader and that's great but what about succession? In other words, if John Eshleman decides to sell the airport to somebody who's not as kind and benevolent are we going to find barricades at the taxiways unless and until we pay some big amount or more?

It would be nice to know "exactly" the rights of ingress and egress to the runway and other common elements.

I know what you mean by "too" active!! The other extreme is being ignorant! It's good to have balance and clarification.

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#6 07-15-2008 08:14:09

mike easley
Member
Registered: 07-14-2008
Posts: 31

Re: Status of Homeowners' Association

Sounds like there are plenty of questions for you to get answers and probably should have been done before you purchased.You will definately  have a better understanding when you read the covenants in total. Wolf Lake Airport Inc. (I assume is still owned by John E.) does have the right to sell and there are certain protections for the property owners' but I will let you read and evaluate. I agree with the check and balance system, in the case of the airport it may be a weighted towards the owner, who fortunately has done a good job maintaining it thus far.I guess if I sound like a cheerleader for John than you might be considered an opponent and should get along well with the HOA. They should be able to give you more factual information if you get a hold of them.Jill (746-1880) should have a number for them or call Dean Messmer (841-9482) and asked for the number of a guy named Mike who was an officer and lives on Beechcraft a couble houses East of me (has the old small hangar right on the road).Good Luck!

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#7 07-15-2008 10:38:52

WBell
Member
Registered: 07-09-2008
Posts: 106

Re: Status of Homeowners' Association

I agree with you there are many questions! These kinds of things can have a way of getting way off base.

Let me give you an example.

There was a vote requested last year or thereabouts regarding the lighting system. It was voted down. It was then brought up again this year.

My first question would be how did it come up in both instances. Usually there is a board of directors, officers, partners or people who've been elected by the homeowners at large to represent them in such issues. They vote to determine if the matter is to be presented for the larger vote. Depending on the structure of the homeowners' entity it may be that the officers, partners, directors and/or other representatives can vote the matter up or down.

It seems we have one person, John Eshleman, who decides these issues. He submits the issues and counts the votes.

So here we have an issue voted down in the first instance. The Aviator Subdivision gets platted and the owner D.E. Southfork, LLC. gets 10 votes or thereabouts. There are 10 lots currently shown by MSB in Aviator owned by D.E. Southfork, LLC. So I'm assuming this allowed John Eshleman, the developer, an additional 10 votes for the lighting system.

He would have had the count from the previous vote (voted down). By whatever procedural means it is brought up again by him with full knowledge of the previous votes and the additional numbers he has. I'm curious if it would have been brought up again if The Aviator lots had not been platted giving the additional votes?

My points, whether for or against the lighting, are two-fold.

First, in any association I've ever been involved with there are limits on the developer using the 1 vote per lot. The reason is a developer can very simply dilute the voting pool. From the letter I received from D.E. Northfork, LLC there were 133 ballots with 75 in favor (10 by Southfork and probably more) and 64 opposed. So with this additional development the owners are basically diluted. And this doesn't go to the speculative fact of how the eventual owner of the lots in Aviator would vote when and if the lots sell.

Second, there's no mention of any bids. How can property owners be comfortable when there's no comparison or discussion in constructing the lighting? It appears John Eshleman can vote in a no-bid job!

So it really comes down to the fact that the property owners would have defeated the lighting system had it not been for the addition of The Aviator Subdivision and the developers inclusion of those lots in the vote. Seems to me this is contrary to the will of the property owners!

And none of this addresses how many property owners are entitled to vote -- 133 ballots were received but how many were eligible? I asked this question and I haven't gotten any answer. They weren't sent by registered mail. I asked if I could get a list of the property owners and Jill Crinklaw told me to go to MSB web site and get my own list!!

I try to get along with everybody -- but with these questions I'm probably tagged with the "too" active HOA guys!

But you have to admit this whole process lacks on the appearance side. Kudos to John Eshleman for the development! Great job! Having a varied and transparent governing body will only make it better!

I'll dig in and research the title, etc. I may be wrong but I would bet the runways and taxiways are common property for use by the property owners. Everything going into D.E. Northfork, LLC was by QuitClaim Deed which looks more designed to move the tax roll billing, etc. rather than any real ownership which would usurp the common usage. If it was transferring substantive rights it would have been done by Warranty Deed.

And that brings up another item. I use two other airpark communities and the fueling is a common resource shared by the owners. In other words, the flying folks who live at the airport  are getting the wholesale price. Sure would be nice wouldn't it?

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#8 07-15-2008 12:03:03

mike easley
Member
Registered: 07-14-2008
Posts: 31

Re: Status of Homeowners' Association

I agree with the transparency issue both for the airport inc. and property owners (HOA) making this a better community.I too get suspicious when someone is reluctant to share information that should be available to all owners.The copy of the covenants that I have refers only to Aero Subdivision on Wolf Lake and refers to platt#82-83.Part D.Airfield Operations.has 3 pages if you wanted me to fax them to you and the whole document without ammendmants is 13 pages.It also says that airport users can be extended to additional lots at sole discretion of Wolf Lake Airport Inc. There could be other issues brought up I suppose such as airport operations will only be conducted under VFR, between 7:00a.m. and sunset, all approaches are to  terminate with a full stop landing unless the safety of flight or ground ops are jeopardized and the pilots judgement indicates that a go-around should be made, use of the airport shall be limited to property owners, owners of lots which are adjacent to the airport or the lake may park a maximum of (2) aircraft on their lot, etc. I doubt that the intent of the sub was to go as commercial as it has either? Don't know anything about the fuel station. I wasn't asessed so figured it was John's venture!

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#9 07-15-2008 13:33:39

WBell
Member
Registered: 07-09-2008
Posts: 106

Re: Status of Homeowners' Association

Thanks very much for the offer but I'll save you the phone call and expense as I'll be up there in the next week or so. I'm going over to the Palmer Recording District to dig it all out. I'll post the results with an explanation here on the Forum.

The thing that won't be recorded, most likely, will be the by-laws of the governing entity. The record shows Wolf Lake Airport, Inc. conveying to D.E. Northfork, LLC in May of 1997 and then Wolf Lake Airport, Inc. was Involuntarily Dissolved in July, 1997. It would require the minutes and resolutions to determine the exact effect of this convenyance. If the HOA existed from July, 1997 I can't seem to locate any entity under which they would have been or are currently operating. It's going to take a whole lot more than just a QuitClaim Deed to extinguish or modify the property owners' use of common elements as originally intended. If D.E. Northfork, LLC is the successor then we should know as property owners its structure, by-laws and methods of voting.

My query and questions come from the two homeowners' associations I deal with down here in Florida. Everything is so open and easy. In fact, the President makes sure a sign is put up at our entrance the Friday before the Tuesday night meeting which is held once a month. Everybody is invited and the whole show is open. We recently voted for a guard-house at the entrance (I lost as I didn't want it) but all the votes were fully open, bids were presented and the operating budget, etc. were fully available. I can call over anytime and get copies of documents, budgets, board actions and we have a forum for discussion. The books are audited each year and we choose different accounting firms from year to year. It works great! I can't imagine having one guy holding the issue-keys to our development in a closed office with no access or communication! That would be nuts!

I'm with you on the commercial side of things. I see loading and unloading and use of the airport by aircraft having no ownership interest in Wolf Lake. I see that Skyvan owned by Bill over in Delta Junction loading up. That's got to be a heavy bird! Puts stress on the runway but I'll keep paying my dues! The irony is I fly a helicopter and don't even use the runway! But someday maybe I'll go back to a fixed-wing.

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#10 07-15-2008 15:29:10

mike easley
Member
Registered: 07-14-2008
Posts: 31

Re: Status of Homeowners' Association

Speaking of helicopters we now have a commercial outfit (Pollux Aviation) with about 12 of them,one of which is a Huey which sparks memories of Viet Nam when it rattles the windows around here. I have already seen them flying external loads and going over float planes that are taking off the Lake, so could be some safety issues (patterns) to discuss as well.Most of them are leased out for summer but they will be back for the winter.I think people around here are voting with their feet, seeing all the houses up for sell after runway light deal went thru.Most of them don't own airplanes so can't blame them, probably wondering what is going to be next.

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#11 07-15-2008 19:03:50

WBell
Member
Registered: 07-09-2008
Posts: 106

Re: Status of Homeowners' Association

Yeah man!! Those Hueys can rattle more than the windows!! There's no stealth there. You can probably hear that thing from 5+ miles out!

I can understand those concerned with having assessments coming at them randomly and at a whim. This light thing really got my attention because the tactics didn't seem designed with concern for the majority of individual homeowners. And that's why I created this Forum. Maybe it's for naught but with a good majority of homeowners on the same page good protections can be had.

You know the law books are full of cases where inequities are remedied. The posture which currently exists at Wolf Lake may fall into this category. That's why I asked about successors of the current D.E. Northfork, LLC, etc. You could end up with a real steam-roller looking to make some profits! Eshleman had his house for sale last year and if he decides to move on what happens? Does anybody know?

There are cases where projects were voted with a developer majority which had the effect of putting people out of their properties. If the design is to enrich and give advantage to the few (minority) there's an equitable cure.

I know Eshleman wanted the lighting system as he flies before and after dark to his projects. I'm sure there are others with the same need. But if you were to strip the developer lots from the vote and look purely at the owners I don't believe the majority exists. It didn't before these additional lots in The Aviator according to the counts. I feel certain The Aviator lots were voted but there's no way to determine this as no one has the info except D.E. Northfork, LLC and they aren't saying. So that advantage may need to be culled and protections put into place.

And no bids as far as I know. I'm not sure it couldn't have been done for far less. There was no consideration or discussion about financing the lighting system so as to lessen the impact on the budgets of homeowners. It seems to me to be a quick run to get the result and a profit!

So those electing not to be part of an HOA I think are doing themselves a disservice. You need a group of people who cast off their individual interests and consider and weigh the benefits for the majority.

This increasing commercial thing has been brought up. I'm betting there are far more private residents who would prefer the flying genre of Wolf Lake Airport to be for private and pleasure flying. But maybe cargo and lift operations are to be part of the mix. But if the majority interest is subordinated without recourse I believe Wolf Lake will deteriorate.

We can't be a bunch of ostriches sticking our heads in the sand!

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#12 05-11-2017 10:27:04

Suhukl
New member
Registered: 05-11-2017
Posts: 1

Re: Status of Homeowners' Association

I myself was wondering what the status of the organization now. However, I was not able to go to their website. I can't figure out what it is. Even tried to go through the proxy still failed.

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