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Maine Alliance for Road Associations

Insurance and legal review of bylaws & other documents to create a RA

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  • 27 May 2014 11:52 AM
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    Message # 2994133
    Deleted user

    I'm a member of a 3 member Steering Committee that just met to start the process of forming a Statutary RA. We have drafted bylaws, mission statement, proposed budget, notice of meeting warrant and ballot--all in preparation for the Organizational Meeting in the foreseeable future. The Steering Comm members have questions in 2 areas before finalizing and mailing the documents to all residents/members.

    Insurance:  where do RA's go for liability insurance? Is the Maine Municipal Association a resource for this purpose? Are there insurance agents that specialize in this type of insurance? Is there a list of insurers available? Other general guidelines.

    Legal review:  we believe a review by a legal professional of the bylaws and other documents we have drafted is prudent. We're more interested in a brief review and comment on our documents rather than an in-depth analysis and re-write. To whom would a RA in the formative stage turn to for such assistance?

    Thank you!
  • 25 Jun 2014 3:59 PM
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    Reply # 3030961 on 2994133
    Anonymous member

    Our Road Association purchases Business Liability and Condominium Directors, Officers and Trustees Liability. We have no property to insure. The liability coverage is for $1,000,000 each occurrence. Total annual policy premium is at $450 for 8/1/2014 to 8/1/2015. Premium had been $400 for past two years.

    Insurance is purchased via a local private independent insurance agency. Policy is covered by MMG Insurance Company, Presque Isle, ME. We checked with 4 or 5 local agencies and selected what we thought was the best for the price. Several other RA's in my area, I believe, have also purchased via the same agent.

    I doubt that Maine Municipal Association provides insurance to a road association.

    Our Road Association is located in Raymond, ME.
  • 26 Jun 2014 5:39 PM
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    Reply # 3032496 on 2994133
    Deleted user

    A few weeks ago MMG provided our new Statutory road association with what appears to be a reasonable quote for liability insurance. We are still evaluating the quotes we have received so have not yet made a choice. Our association is in the Waterville area. 
  • 07 Jul 2015 5:55 PM
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    Reply # 3425181 on 2994133
    Deleted user

    Directors and Officers Liability Insurance Our Statutory Road Association just received a quote for liability insurance from ACE Fire Underwriters Insurance Company. Coverage for $1,000,000.00 would cost $945.00 per year. That's a big bite for us.  I'm going to contact the insurance company in Presque Isle, listed in a previous entry.  Is anyone else happy with their liability insurance provider?  We have 93 members, and half of them are minimally present woodlot owners; the other half have lakeside camps.  
  • 10 Jul 2015 5:18 PM
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    Reply # 3429648 on 2994133
    Anonymous member

    Bear in mind that bylaws are not a "legal" requirement. Our Road Association is both Statutory (Title 23) and a nonprofit corporation (Title 13B). Our established "rules" have been formed via majority votes at our annual road association over the years. Our "members" do not want bylaws.

    I would suggest that your formation of a Statutory Road Association under Title 23 "sooner rather than later" is more important and valuable than waiting for a set of bylaws to be debated for months. 

    Once your are legally formed you can operate under the umbrella of Title 23 and collect unpaid maintenance fees as the law allows.

    Good luck.
  • 13 Jul 2015 5:08 PM
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    Reply # 3432285 on 2994133
    Anonymous

    This is a question related to the original question on insurance. 

    Does the cost of liability insurance for the road commissioner and directors depend primarily on the amount of the insurance, say $1,000,000.00 as mentioned in one of the above replies or on the size of the roads and number of property owners? We are two small roads with thirteen properties together, and the one estimate we have gotten so far seems large. 

    And does anyone know insurance agents in the MidCoast area (I am on a steering committee to form a statutory road association in Brunswick) who provide reasonable rates for this kind of liability insurance?
  • 14 Jul 2015 9:13 AM
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    Reply # 3432834 on 2994133
    Deleted user

    A couple of years ago I did some research and attained some estimates on CGL insurance. At that time costs were around $600 for $2,000,000 aggregate, $1,000,000 each ocurrance. We are a 1 mile road with 16 lot owners incorporated. I found most are the same as to type of coverage.

    As to D & O insurance(in the CGL policy) again they're all similar; covered as fuduciaries only. Anything above that requires a separate policy(very expensive) and not conducive to a road association in my opinion.

    Cross Insurance is our agent, Travelers our insurer.
  • 15 Jul 2015 5:11 PM
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    Reply # 3435338 on 2994133
    Deleted user

    We have a policy with Patriot Insurance Co. The policy is written  through Bilodeau Ins. agency in Brunswick. 207-725-2797. We have $2,000,000 in General Aggregate Limit with $1,000,000 each occurrence. we also have Officers Liability coverage, $1,000,000 each occurrence and $2,000,000 Aggregate limit.  The premium last year was $523.  We have 15 homeowners and 4 vacant lots 
  • 04 Aug 2015 9:09 PM
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    Reply # 3464936 on 2994133
    Anonymous

    First, thanks for the replies on liability insurance a few weeks ago--good suggestions that helped a lot.

    We've now drafted the bylaws for our S.R.A., and we'd like to have a law professional review them for legal accuracy or omissions. Can anyone suggest an appropriate law firm or individual? 
  • 06 Aug 2015 2:25 PM
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    Reply # 3468510 on 2994133
    Deleted user

    A couple years ago I went to a seminar sponsored by the Maine Alliance for Road Associations, in Gray I believe, dealing with Road Associations and an Attorney named Dan Dubourd spoke.  I believe he had considerable experience with Road Associations.

    I'm not sure if anyone else recalls that, but perhaps him??? 
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