Thru-the-Fence Fees
Johan
Patricia Miller
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Scott deLuise
Sent: Wednesday, 17 June 2026 10:46:29
To: members <mem...@eahoa.org>
Subject: [Airpark HOA] Thru-the-Fence Fees
Airpark Guest
Richard Radcliffe
A point of clarification on Johan's email. As I understand it, the TTF fees would only apply to homeowners who have access to the airport, whether they use it or not, not every homeowner in the air park.As to Mr.deLuise's point, which admittedly I don't quite understand, what do appraisals have to do with this? The bottom line is why should someone who does not not use the airport in any manner be required to pay for its upkeep? Issues of appraisal would seem to be irrelevant in this case.
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Scott deLuise
R. Scott deLuise, CCIM, SPPA
Executive Chair and President
Adjusters International-MBC, LLC
12245 Pecos St. Suite 500 I Westminster, CO 80234
California License #2B19575
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Sent: Wednesday, June 17, 2026 12:59 PM
To: Erie Air Park HOA <eap...@googlegroups.com>
Subject: Re: [Airpark HOA] Thru-the-Fence Fees
Scott deLuise
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If you don't have access via easement to the airport, you don't have a $250k bump in your value and therefor should not be required to pay the assessment. This may or may not be reflected in your appraised value per Weld County but doesn't mean it's not there.
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The linkage between the $250k value comes at the time you sell your property and you've not supported the airport asset by paying your dues and respecting the easements. In a number of instances, the prior HOA board has not supported our nice neighbors who requested assistance when other nice neighbors built septic fields, landscaped, built homes or garages, or otherwise spoliated those easements, thereby eliminating access to the airport and reducing their values by $250k. I guess it depends on your moral and ethical perspective: should I pay for the upkeep of an asset that will bring my property an increase in value of $250k or freeload on those who do pay. Classic problem.
R. Scott deLuise, CCIM, SPPA
Executive Chair and President
Adjusters International-MBC, LLC
12245 Pecos St. Suite 500 I Westminster, CO 80234
California License #2B19575
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Sent: Wednesday, June 17, 2026 1:01 PM
To: Scott deLuise <sc...@aimbc.com>
Subject: Re: [Airpark HOA] Thru-the-Fence Fees
Richard A. Radcliffe
270 Commander Drive
Erie, Colorado 80516
Gerald Gienger
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Tim Drnec
On Jun 17, 2026, at 3:58 PM, 'Scott deLuise' via Erie Air Park HOA <eap...@googlegroups.com> wrote:
Richard, your good question deserves a good answer.
R. Scott deLuise, CCIM, SPPAExecutive Chair and PresidentAdjusters International-MBC, LLC12245 Pecos St. Suite 500 I Westminster, CO 80234California License #2B19575
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Stephen Lloyd
1. Distinction in Economic Value and Use (Revenue vs.
Recreation)
A commercial lease is an "income-producing asset." Businesses utilize
airport land to generate billable hours, sell parts, and provide services.
Conversely, a residential hangar is a "cost-center" used solely for
the storage of personal property. Charging a resident a "commercial
rate" for non-commercial activity ignores the fundamental economic reality
that the business user derives significantly higher financial value from the
same square footage.
2. Disproportionate Impact on Infrastructure
Identical square footage does not equate to identical impact. Commercial
operations (FBOs, Flight Schools, Maintenance) bring daily staff, high-volume
customer traffic, frequent vendor deliveries, and heavy equipment usage to the
airport’s common areas. Residential users typically have a negligible impact on
airport roads, security gates, and parking facilities. Forcing residents to pay
the same rate as high-intensity commercial users effectively asks private
citizens to subsidize the infrastructure wear-and-tear caused by for-profit
entities.
3. FAA Compliance and "Fair and Reasonable"
Standards
Under FAA Grant Assurance 22, the airport is required to make its
facilities available on fair and reasonable terms without unjust
discrimination. The FAA’s own Airport Compliance Manual (Order 5190.6B)
recognizes that airports may—and often should—establish different "classes
of users." Establishing a commercial rate for a residential user can be
viewed as "unreasonable" because the fee is not commensurate with the
cost of the service provided to that specific user class.
4. The Risk of Hangar Devaluation and Displacement
Artificially inflating residential rates to match commercial market values
risks "pricing out" the general aviation community that forms the
backbone of this airport.
Closing Request:
We request that the Board conduct a formal Comparative Use Study before
moving forward. This study should analyze the actual cost-to-serve for
residential vs. commercial tenants. We believe such data will clearly
demonstrate that a tiered pricing structure is the only way to ensure the
airport remains both solvent and compliant with federal nondiscrimination
standards.
Talking Points for a Public Meeting
- The "Profit vs. Property" Point: "A business uses this land to make money; a resident uses it to store a plane. In no other sector of the economy—utilities, property tax, or zoning—do we charge a private citizen the same rate as a for-profit corporation."
- The "Impact" Point: "Commercial tenants bring 50 cars a day through the gate and dozens of heavy deliveries. I visit my hangar twice a week. Why should I pay the same infrastructure maintenance fee as a high-traffic business?"
- The "Fairness" Point: "The FAA requires rates to be 'fair and reasonable.' It is not 'reasonable' to charge a hobbyist the same rate as a flight school just because they occupy the same amount of dirt. Differentiation is not discrimination; it is fair accounting."
Your airport's Rules and Regulations or Minimum Standards document. Often, these documents already define "Commercial" and "Non-Commercial" users as separate entities, which gives you legal leverage to demand separate rate scales.
Stephen Lloyd
2380 Cessna Drive
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Scott deLuise
Sent: Wednesday, 17 June 2026 17:52:42
To: Scott deLuise <sc...@aimbc.com>
Cc: Erie Air Park HOA <eap...@googlegroups.com>
Subject: Re: [Airpark HOA] Thru-the-Fence Fees
Scott,
Credentials noted, though of everyone on this thread, a CCIM should be the first to flag the category error here.
The harder you justify this charge by the $250,000 it supposedly adds to property value, the less it looks like a user fee and the more it looks like a special assessment or a value-based property tax. Those are three different legal instruments with three different sets of requirements, and an appraisal satisfies none of them.
That's not my read; it's Colorado's. In Bloom v. City of Fort Collins, the Colorado Supreme Court held that a charge measured by property value is a direct tax on the property, while a lawful service fee has to be "reasonably related to the overall cost of the service", not to its resale value. A special assessment is its own box again: it must fund a specific improvement, be capped at each property's actual benefit, and can't be diverted to other purposes. The proposed charge is none of these.
So the appraisal answers a question no one asked. It measures value; a fee measures the cost of a service provided to those charged. Either the $250,000 is irrelevant, or you've just made the case that the Town is proposing a tax that needs a TABOR vote.
https://law.justia.com/cases/colorado/supreme-court/1990/88sa162-0.html
Class dismissed. An appraisal is not a rate study.
Regards
Braun Mincher
Johan,
Thank you again for taking the time to attend last night’s AEDAB meeting and present the Airpark-related response you described in your June 17 email below.
For those of us who were not able to attend, would you be willing to provide a brief update on how the meeting went? In particular, it would be helpful to know:
- How your presentation was received;
- Whether AEDAB took any vote or action on the resident TTF fee recommendation;
- Whether Jennifer Webb’s motion to rescind the resident TTF fee recommendation was discussed or voted on; and
- Whether you can share a copy of any presentation slides, handouts, white paper, written comments, or other materials that were provided to AEDAB.
I checked the Town’s meeting page and the Airpark website this morning, but I did not see posted minutes, video, final action, or presentation materials yet. I understand that official minutes are the Town’s responsibility and may take time, but a short community update in the meantime would be very helpful, especially given the limited visibility many residents have into these meetings and discussions.
I am also attaching, for context and documentation in this same thread, the supplemental comments I previously submitted to AEDAB on June 15, 2026 regarding the resident TTF fee recommendation, the public record, and community engagement. My intent is simply to make sure related resident concerns and materials are easier for neighbors to find in one place.
Thanks again for any update and materials you can share.
Sincerely,
Braun Mincher
2520 Cessna Drive
Erie, Colorado 80516
Br...@BraunMincher.com
From: eap...@googlegroups.com <eap...@googlegroups.com>
On Behalf Of Johan
Sent: Wednesday, June 17, 2026 9:46 AM
To: members <mem...@eahoa.org>
Subject: [Airpark HOA] Thru-the-Fence Fees
Good morning,
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Shaaron WestoverGoswick
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