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Maine Alliance for Road Associations

Can A Statutory Road Association Fee include Utility Costs?

  • 24 Aug 2014 8:02 PM
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    Message # 3084774
    Deleted user

    We are a Home Owners Association and are in the process of forming a Statutory Road Association to include4 parcels that are not part of the home owners association.  The home owners association is a nonprofit corporation.  This corporation owns the right of way plus water lines including a hydrant, sewer lines with manholes and conduits for electric and cable.  

    Can the Statutory Road Association assesment fee , that we are now forming, included the maintenance costs for these utilities?

    Jurgen Engelhardt
  • 25 Aug 2014 3:04 PM
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    Reply # 3085239 on 3084774
    Anonymous member

    I would suggest that the new statutory road association is the management entity for "repairs and maintenance" of the private road only and not for any other facilities or equipment. I am not an attorney but my reading of Title 23 Sections 3101 -3104 do not reference anything but the "road". The existing nonprofit should continue to handle the costs of the "utility" facilities separately as they currently do now unless of course the new members of the new association vote to participate and essentially join the nonprofit.
  • 25 Aug 2014 3:56 PM
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    Reply # 3085267 on 3084774
    Deleted user

    I agree with Peter. There's nothing in the statute that would extend the power of a road association to include maintenance of non-road assets.  


    Are we to assume that the 4 parcels which are not part of the homeowners associsation also make use of the water and sewer lines and the conduit? If not, it's hard to see why they ought to be paying for the maintenance of systems which they do not use.  

    If they do use them, was there no recorded or written agreement which either attached responsibilty for maintence expenses of these elements to the properties which use them, or at least requires payment for use of those elements, subject to disconnection upon nonpayment?
  • 25 Aug 2014 4:30 PM
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    Reply # 3085283 on 3084774
    Deleted user

    3 of the 4 parcels use water and sewer, All four connect to electric service via our underground utility service.  

    Thank you for your reply.  

    This came up because we just had our sewer line and manholes cleaned and there is a significant charge for this.  However we seem to be in agreement that each user of the system will pay for their part of the bill.  

    As we are in the process of forming a statutory road association I was wondering if I could include a maintenance cost for the utilities in the association  fee structure.   Thanks again for your help, Jurgen

                            The Maine Alliance for Road Associations


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