I am on the executive of a flying club. Our bylaws stipulate that in order to qualify for hangar space, the A/C must be in flyable condition, be flown at least three times per year and be insured. One member fails on all three counts, the plane is a mess and has not been looked at for three years. In addition, the owner has not paid hangar rent since May. One awkward fact is that the owner up and moved to another province and has lost touch. Phone calls result in no action. The owner is (in the club’s opinion) not capable of flying physically (quite elderly and not in great shape — it’s a vintage complex single) and therefore unable to come back and remove the aircraft. There is a waiting list for hangar space. We are preparing a formal letter, but thought it might be wise to ask if anyone else has been through this.
What to do?
Abandoned aircraft — opinion needed
Moderators: sky's the limit, sepia, Sulako, lilfssister, North Shore, I WAS Birddog
Re: Abandoned aircraft — opinion needed
My first thought, stick to the well thought out rules you have for hangar occupancy. As you have not suggested that the owner's ability to fly the plane is a factor in the use of the hangar, leave that out of consideration. Base your desire that the airplane be removed simply on the three elements of hangar use, and nothing more. You don't want the owner distracting your valid issue, with non related rebuttals.
I was offered the opportunity to purchase two whole, but unairworthy airplanes which were in about the same circumstances in a hangar in Maryland. I did not want the planes, though I did want one propeller from one of them. The airport operator was at their wits end trying to "evict" the abandoned planes. They connected me to a local fellow, and I made connections, and the whole lot was auctioned off to the three of us, I got the prop.
The airport authority (the Parks and Rec Department of the City) went through legal hoops to auction the planes, and I know that they spent many years doing so. During which, upon legal advice, they left the planes in the hangar, so as to prevent [more] deterioration.
So, from what I have learned, don't touch the plane, lest you are accused of damaging/devaluing it. Initiate the legal proceedings to auction it off for unpaid rent. And, prepare yourselves that the plane may occupy that hangar for a while, while you follow the legal path. The lawyers will tell you when you can move it. Knowing that when I went to pick up the prop, everything was in the hangar undisturbed (so I'm guessing that the lawyers said to not move it until it was sold).
I was offered the opportunity to purchase two whole, but unairworthy airplanes which were in about the same circumstances in a hangar in Maryland. I did not want the planes, though I did want one propeller from one of them. The airport operator was at their wits end trying to "evict" the abandoned planes. They connected me to a local fellow, and I made connections, and the whole lot was auctioned off to the three of us, I got the prop.
The airport authority (the Parks and Rec Department of the City) went through legal hoops to auction the planes, and I know that they spent many years doing so. During which, upon legal advice, they left the planes in the hangar, so as to prevent [more] deterioration.
So, from what I have learned, don't touch the plane, lest you are accused of damaging/devaluing it. Initiate the legal proceedings to auction it off for unpaid rent. And, prepare yourselves that the plane may occupy that hangar for a while, while you follow the legal path. The lawyers will tell you when you can move it. Knowing that when I went to pick up the prop, everything was in the hangar undisturbed (so I'm guessing that the lawyers said to not move it until it was sold).
Re: Abandoned aircraft — opinion needed
We have had several similar incidents. We always start by sending a letter offering to move the plane out of the hangar and into a tie down spot in order to help reduce the accumulating unpaid rent. That option is almost always taken but in the one case where it wasn't, we had to get a court order and then hire a bailiff to sieze the aircraft and auction it off for the unpaid rent. It's a long and expensive process but you don't really have a choice.
Re: Abandoned aircraft — opinion needed
We too have a similar problem at CAH3, two aircraft owned by an ex member accumulating parking fees of which we, as an airpark have to pay to the city! Any advice on how to resolve this issue would be welcome. We’ve started a Civil Resolution Tribunal case against the person in question, but I’m not sure at this point if we will be successful.
Ahramin, I’d appreciate your insight into how you got a resolution.
Ahramin, I’d appreciate your insight into how you got a resolution.
