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Maine Alliance for Road Associations

Help with some Definitions

  • 05 May 2015 7:44 AM
    Message # 3327810

    We are in the early process of developing a Statute Road Association that will have a relatively small number of properties. In reading the law and the great documents on this web site, we are having difficulty finding ways to define the critical elements of a Road Association when applied to our situation. So, I am asking for advice from the forum. 

    We currently have 3 developed lots with separate joint owners. We also have about 5 undeveloped lots that have a combination of ownerships--a few by an additional owner and a few jointly owned by some of the owners of developed lots. 

    Clearly all owners mentioned in deeds should be "members" as they all need to be covered by the eventual liability insurance policy for the association.

    "Voting members" is complicated. It seems that if an undeveloped lot owner doesn't contribute to any road maintenance (winter or summer) then it doesn't seem fair they be given a vote.  In our case, the main expenses are winter related. On the other hand, we thought that they really should contribute to occasional road improvements (culvert replacement is a good example) and the insurance premium. So, maybe they should be allowed a vote? 

    Finally, we don't think votes should match with lots or "parcels" unlike what the Statute says. We think that multiple lot owners should only get one vote and their "lots" would be combined for our purposes into maybe one "parcel". Is this a common solution? 

  • 05 May 2015 9:01 AM
    Reply # 3327900 on 3327810
    Deleted user
    Wayne Millen wrote:

    "Voting members" is complicated. It seems that if an undeveloped lot owner doesn't contribute to any road maintenance (winter or summer) then it doesn't seem fair they be given a vote.  In our case, the main expenses are winter related. On the other hand, we thought that they really should contribute to occasional road improvements (culvert replacement is a good example) and the insurance premium. So, maybe they should be allowed a vote? 

    Finally, we don't think votes should match with lots or "parcels" unlike what the Statute says. We think that multiple lot owners should only get one vote and their "lots" would be combined for our purposes into maybe one "parcel". Is this a common solution? 

    All members must have a vote, and every parcel (not *owner*) must have an equal vote. You have no latitude in this matter; that is the law.  If you feel it is unfair for undeveloped parcels to pay nothing while still having a vote, then perhaps they should be paying something.  But you absolutely cannot deny the a vote.

                            The Maine Alliance for Road Associations


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