Our association operates as a statutory road association and we are also incorporated as a non-profit. Our road is owned in sections by each abutting land owner to the center line. We are fully aware that under the statute the association cannot require assessments from owners for the purpose of paving the road. However, we have been told that if we raise the money voluntarily we could pave the road. Since there are many struggles involved to accomplish that, some of our motivated members are looking for information on another option. They have inquired that if there was a strip of owners who wished to pave just the portion of the road they own in front of their properties (going over the center line with permission from owner across the road) with their own money, independently from the association, could they? The arrangement would be such that they would only do this will the approval of the membership and continue to pay their full annual assessment. Given that the association is still responsible for maintaining the entire road, this raises many questions we are seeking advice for:

1) If some homeowners pave their section of the road, who would then be responsible for the maintenance and repair of the pavement, the association or the individual homeowner(s)? Keeping in mind our assessment formula is that all homeowners pay equal amounts and this would not change that.

2) Have other associations encountered or tried something similar? If so, what were the outcomes? In our case the middle section of the road would be paved. Have any issues arisen in your association or can you foresee future implications this could cause?

3) Does anyone know if there are any legal restrictions regarding what a homeowner can or can’t do with their section of a road? Since everyone further down the road has a right of way over each section I presume blockading the road is clearly forbidding, but I don't know what statute indicates that? Or, for example, could a homeowner prevent the association from performing maintenance on their part of the road? Generally, people are not opposed to improves like paving, so is there a legal concern with allowing it?