They Play. We Pay!
There is an agreement that places the Sandy Creek Airpark in jeopardy as the peaceful private gated residential airpark community that we enjoy.
There are people actively working on land development next to the airpark with the intent to make use of our runway. The agreement seems to give them rights to use our runway at little cost to them and no real benefit to us.
We pay for everything, but they pay next to nothing.
How can they do that? The Matsil Agreement!
The "Matsil Agreement" grants the following privileges to properties covered by the agreement.
- Use of the runway and taxiways!
- At half or less of the annual assessments of the airpark!
- Not subject to special assessments of the airpark!
- No prohibitions on commercial businesses!
- Not prohibited from operating commercial aircraft on the runway!
- Not subject to the covenants of the airpark!
What is the "Matsil Agreement"?
It is an agreement made between Leon Matsil and Maja Wood with the airpark in 2008. It was created by Leon Matsil, and others, who were on the board of directors. They granted themselves privileges of using the airpark for their personal land development projects. They owned parcels adjacent to the airpark and granted themselves use of the runway for those external properties.
How might it affect us?
Airpark property values may decrease significantly!
Why would anyone buy our airpark properties when the following applies to us but not to Matsil properties?
- We pay twice as much each year for association dues.
- We pay for all Special Assessments, but their properties do not.
- Our properties have HOA covenants that protect us, but their properties do not.
- We may be alongside a runway with possible high-volume commercial traffic.
Why haven't we heard of this agreement before?
It is an interesting and legally touchy topic. When buying properties in the airpark, the HOA is responsible for notifying potential buyers of all controlling documents. It seems few, if any, property owners receive these documents, including the Matsil Agreement. In fact, some board members did not know the Matsil Agreement even existed until 2024.
It is possible that the Matsil Agreement was extinguished by the 2021 Revitalization that the airpark completed without referencing the Matsil Agreement.
Is it a fair agreement?
In no way is this a fair agreement!
Each airpark property paid approximately $10,000 for a Special Assessment around the 2010 timeframe, after the 2008 Matsil Agreement was made, but the Matsil properties paid nothing. If there is another Special Assessment like that again, and there is a Matsil Agreement property owner currently suggesting large annual Special Assessments, the Matsil properties will pay nothing.
Additionally, the Matsil properties do not pay the full annual assessment that the airpark property owners do. Matsil properties pay half or less of the annual assessment per the agreement.
Also, there is no stipulation in the agreement about how many "properties" may exist in the parcels covered by the Agreement. There could be one property or a thousand. The agreement does not define what a property is, or a lot, or how those parcels may be divided or sold. The agreement only says those properties pay half or less of the airpark annual assessment "per airplane". It does not limit the number of owners or even define who is an owner. It only states, "in interest of and/or tenants of properties". There no definition of "interest" or "tenant".
Did the airpark get any benefits?
In exchange for this agreement, the airpark was given copyrights to the sign at the front gate and a little triangle of land where the stop sign is at the intersection of Airway Street and 2297. Rumor is that we had to obtain that land or be denied access to 2297 from Airway Street.
In other words, the airpark received very little in this agreement to warrant providing access to the runway at extremely low cost and favorable terms to the external parcels of land.
It seems this is a very one-sided agreement that financially benefitted Leon Matsil and any future owners of the land.
What properties are covered by the agreement?
To see a map of the land covered by the Matsil Agreement, go to the Airpark and Matsil Property Map page. You can view and download the map in several formats on that page.
The map also provides a listing of who owns each parcel/lot referenced by the agreement.
Questionable Document
In 2024, the agreement had not been a known document the board or the community was using to conduct its business. Perhaps it was when it was first created, but sometime after its creation in 2008 it became forgotten. It is also possible that it was extinguished at some point, but recently something important happened.
A letter was sent to the association asking what controlling documents exist for the HOA. This would include the CCRs and other documents such as the HOA incorporation documents.
The letter was answered by an attorney who was involved in the creation of the Matsil agreement and currently represents the board. Here is the list of documents the attorney states is in effect for the HOA.
- 2021 Revitalized Governing Documents
- 2021 Revitalized Bylaws
- 2007 2nd Amended and Restated Articles of Incorporation
- 2023 Revised Rules and Regulations
- Sandy Creek Plat
- Sandy Creek Phase II Plat
- Declaration-1983
- Amended and Restated Declaration-1988
- First Amendment to Amended and Restated Declaration-1991
- Declaration, Phase II-1991
- Second Amendment to Amended and Restated Declaration-1993
- Second Amended and Restate Declaration-2007
- Second Amended and Restated Articles-2007
- Master Agreement for Easements and Restrictions-2008
The Matsil Agreement
It is unknown how many property owners were informed of this document before, but no one surveyed so far remembers anything about it. At least two board members claim they knew nothing of it.
Who is involved now?
Those who were involved initially in creating this agreement include Leon Matsil (board member at the time), Maja Wood, and the HOA board. The names can be found in the Matsil Agreement documents.
It is important to know who is currently buying the Matsil properties.
Initially, Leon Matsil owned the properties and subsequently sold them to the D'Isernia family holding company Sandy Creek Airpark Holdings. There are currently three D'Isernia family members on the board: Brian, Patrick, and Luke. They have sold several of the Matsil properties to Norman Summers, and others. Maja Wood, who owned Lot F at the time of the agreement, sold the lot to Norman Summers around 2020.
Norman Summers, who also owns several lots within the airpark, proudly displays the following flag in his hangar.
In the January 2025 Owner's meeting, Norman suggested perhaps up to a $2,000 per year Special Assessment on all property owners to spiff up the area. This would be in addition to the $750 annual assessment already in place. Keep in mind the Norman's Matsil properties do not pay any Special Assessments. Perhaps he really does desire to bankrupt the HOA. We pay, he profits?
Airpark properties would probably be less desirable if they came with an additional annual assessment of $2,000 on top of the ever-growing assessment already around $700. The Matsil properties benefit from the airpark having higher property costs as it makes airpark properties less desirable and Matsil properties more desirable because they are cheaper.
If the HOA were to experience high assessments, it is possible land prices would be driven down, allowing the purchase of those properties below fair market value. Someone could perhaps buy the vacant properties and have enough votes to dissolve the HOA, or at the very least control the board. However, the new 2025 HOA Fiduciary Responsibility law might curtail that.
If the HOA were to dissolve, the runway reverts to an ownership organization without the HOA. It seems that would benefit anyone looking to develop the Matsil properties.
Fake "Community Meetings"
Ryan Vandeusen and Norman Summers have been holding what they seem to be calling "community meetings" at Norman's hangar.
It may be confusing to hear there are community meetings supposedly being held yet there doesn't seem to be any notices of any HOA community meetings. That is because they are not HOA community meetings.
You can read more about these fake "community meetings" on the Our Community web page.
Could this agreement close or affect the airpark?
The airpark is registered as a Private Residential Use airport with the State of Florida Aviation Office. The Matsil Agreement opens the airpark to the public for commercial use. Florida and the US Air Force could object to a public use commercial airport in this area.
The agreement specifically allows all properties covered by the agreement to allow commercial use, meaning those businesses have the right to have public landings and takeoffs for the public to use those commercial businesses.
Changing the airpark to a public use commercial airport is a lengthy and exhaustive process including canvassing the area several miles away for objections and support. This isn't the direction current airpark homeowners seem to want to go.
Insurance Issues
Our airpark insurance forbids commercial use, so any commercial activity would need new and costly insurance. It is unlikely the airpark can afford or even find an insurance carrier to cover a commercial airport that isn't run by a costly professional and licensed airport authority.
Want to know more?
Please read the agreement for yourself. It is only 8 pages, and the entire agreement is only 22 pages with additional descriptions and signature pages. You can read or download the Matsil Agreement on Blabbertizing.
As we learn more, any new information will be posted here on Blabbertizing.
Is the agreement legal?
Perhaps not! Stay tuned for more information!
Additional information will be posted here as it develops...and it is still developing!
We want to hear from you!
If you have concerns or questions that you want addressed, or have ideas about this agreement and how it affects you, or if you have comments as to its legality, please send us an email at feedback@blabbertizing.com!
We will post relevant questions and their answers here.
You may remain anonymous. Your name will not be used if you ask for it not to be used when providing your fedback.