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Maine Alliance for Road Associations

lot owner vs resident dues

  • 28 Feb 2015 12:39 PM
    Message # 3237817
    Deleted user

    For those of you have both vacant lot owners and occupied residences in your association do you differentiate the dues for each membership type?  If so, how do you set the dues? Are the lot owners a set percentage of the resident dues (ie. 25 or 50%) or due you set a specific dollar amount for the lot owners?

     

    Richard Hettlinger 

  • 01 Mar 2015 6:45 AM
    Reply # 3238178 on 3237817
    Deleted user

    We have about 100 lot owners in our nonprofit corporation. About 90 pay for year round maintenance of our roughly 4.3 miles of road. Year round residents pay $500, seasonal $ 350, and lot owners $75. Those that don't pay are taken to small claims court and a notice of non-payment is attached to their deed. This has worked well for us for 2 years now.


  • 13 Mar 2015 4:14 PM
    Reply # 3251606 on 3237817
    Deleted user

    Our association has about 155 owners and a little over 3 miles of road with year round maintenance. At one time our owners were in four groups (year round residences, seasonal residences, lot owners, and lot owners without round access). Several years ago it was decided to simplify the groups.  People had a hard time deciding between year round and seasonal, some families were here for six months and many our visited Summer and Winter. It was felt that all association members benefited by having the roads maintained during the winter. An article in Portland Press Herald (Feb 20, 2015) by Randall Simon under the byline of "Simon Says" discusses how everyone benefits. Last year we simplified the grouping further by dropping lots with no road access. This group has access to our beach and boat dock and ability to get to their lots. Lots with houses are assessed at $400 and lots (just land) are assessed at $90.  Lots valued at less than $ 9,000 are assessed at 1% of their assessed value (State Law). The assessed values of $400 and $90 has been the same for the last five years.


  • 13 Sep 2015 8:59 AM
    Reply # 3524218 on 3237817
    Deleted user

    Our road association is small - 12 landowners. All lots in our subdivision are owned lots. Of those lots, 

    5 are not yet built on & 7 have existing homes.

    Of the 7 homes, 3 are year-round resident. (One of those is for sale while living in it)

    Of the other 4 homes 2 are for sale but vacant.

    Of the remaining 2 homes, both are vacation homes.

    One of the vacation owners visits on a regular basis on week-ends and 1 week during the summer.

    The other vacation owner uses it for snowmobiling for 3 months and visits several times during the summer.

    Therefore, for us to try and determine a fair amount of dues based on usage would be a nightmare! Lots get built on and then you have to re-evaluate the dues process again.

    Then there is the dues based on road frontage. That is the most fair way in my opinion but then you would have the potential for some vacant lot owners paying most for their small lot next to a lot that would pay the least for their largest lot that has a home on it and uses it year round. So when really thinking that through, it does not sound that fair after all.

    So, we go by what the law recommends and that is to base it on per lot owner because the term in the term says "is benefited by". That means that each landowner has the benefit of a road being there to reach their property any time they wish or as often as they wish.  


    Last modified: 13 Sep 2015 9:04 AM | Deleted user
  • 06 Apr 2016 9:55 AM
    Reply # 3931939 on 3237817
    Deleted user

    We have about 80 property owners in our association, with roughly 10% being vacant and 30% being year-round residents. We have decided (after much discussion) to all pay the same amount, except as limited by statute to 1%, based on the concept that although different owners may choose to use their properties differently, we all have equal access to the property and common areas (beach and boat launch).

  • 06 Jun 2016 4:03 PM
    Reply # 4060148 on 3237817
    Anonymous member (Administrator)

    You might want to check out the question about Municipal Value of Lots in Tree Growth.  The answer by Cliff Goodall gives an excellent explanation of how the 1% limit should be derived.

    As for deciding which lots pay what, I remember Cliff saying in a past year's MARA workshop that the "fairness" clause in the statute has been interpreted by the courts to mean that whatever formula you come up with, it should be applied equally to everyone.  So if you say every lot pays the same amount, that is what is fair under your formula.  If your formula says lots with houses pay one amount and lots without houses pay another, then as long as you apply it equally, that is also fair.

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