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Maine Alliance for Road Associations

Exemption from Maintenance Road Association Fees

  • 14 Aug 2014 3:20 PM
    Message # 3074250
    Deleted user

    We have a subdivision that has a Homeowners Association that includes ownership to a right of way.  The maintenance cost of this right of way have always been paid for by the homeowners association.  

    At the end of the road we also have 4 lots that are not part of the homeowners association.  They have never contributed anything towards the maintenance and costs associated with the road.  

    In order for the owners of these 4 lots to contribute towards the road costs we have decided to form a statutory road association.  However, these 4 lot owners feel that since their deed gives them a right of way over our road that they are exempt from paying anything toward maintenance of the road.  My understanding of the Private Ways Law Title 23 is to distribute the casts associated with road maintenance accross all users  of the road.  Am I wrong in my understanding of the law?  


    Jurgen Engelhardt

    Last modified: 14 Aug 2014 3:30 PM | Deleted user
  • 14 Aug 2014 3:57 PM
    Reply # 3074319 on 3074250
    Deleted user

    You are not wrong. Their deeded right of way *obligates* them to pay whatever assessments the road association sets, if a majority of the owners of the properties benefitted by the road by ownership or easement (that's them!) vote to form an association.

    Last modified: 14 Aug 2014 3:58 PM | Deleted user

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