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Maine Alliance for Road Associations

Is Maintenance of a Right of Way off Road Down to Lake a Road Association Responsibility?

  • 28 Aug 2019 7:42 AM
    Message # 7852910
    Anonymous member (Administrator)

    We are both a statutory road association and a non-profit association.  For most of the 1.5 mile distance of our dirt and gravel road, it borders a decent-sized lake.

    We have approximately 80 homeowners; most homes border the lake although some are on the other side of the road.  There are several lake-access rights-of-way down to the lake that non-adjacent owners can use to get to the lake; these rights-of-way are shown on the 1927 plat map from the developer.

    Our question concerns the rights and responsibilities of our road association for the maintenance of these rights of way.  At least one of them needs a fair amount of effort/expense to address safety issues for the ROW from the road down a steep embankment to a small lakeside “beach” area.  Our By-laws don’t speak to this issue, one way or the other.

    If the Association does not repair and improve the ROW, no one else will do so and the possibility of significant injury (slipping and falling) will continue to exist.  If we do move ahead with repairs, are we setting a precedent for the two other ROWs to the lake that, at least as of now, do not pose any problems/expense?  We would appreciate any comments from other associations that may have addressed a similar issue with their roads. 
  • 28 Aug 2019 9:37 PM
    Reply # 7854349 on 7852910
    Anonymous

    a road association  is NOT responsible for the care and maintenance of park areas that access to a great lake, only the roads. we also have a great lake that has a separate association for the care of the water. a separate association for the park/ right of way areas to access the water require another association.

  • 31 Aug 2019 9:58 AM
    Reply # 7858109 on 7852910
    Anonymous member (Administrator)

    I would suggest amending your bylaws to clarify your responsibilities.  It may be that it's desirable for the association to take this on to avoid damage to the association's road, or to prevent damage to the lake. If so, making it clear that the side roads are included in the Association will assure that your liability coverage also applies.  You will need to let your insurer know about the extra mileage. You might need to reflect the extra cost of maintenance and insurance in your dues payments, i.e. those who use those rights of way pay an extra fee.  If the access is open to all members, your general dues may have to go up to cover it.  On the other hand, if you do not want to take on the extra expense and liability, make it clear in your bylaws that the road association applies only to the main road, and not to rights of way to the lake.  Make sure you follow any requirements for proper notice etc in order to change your bylaws.


    Last modified: 31 Aug 2019 10:03 AM | Anonymous member (Administrator)
  • 01 Sep 2019 7:59 AM
    Reply # 7858886 on 7852910
    Anonymous member (Administrator)

    Our Association has chosen to maintain the shore right of way (ROW) contiguous with our private gravel road. If there were more than one ROW, I believe we could be selective if we wished. Both road and ROW are referred to in our by-laws and outlined  as they appear on a page of the Town tax map which is included as an addendum to the by-laws.

    Other owners of property on the original recorded plan but not part of our association may also use our road and ROW. We have received several donations from non-association owners. I am supposed to have put up a box at the ROW to accept donations but have not done so. I think this could increase donations.  

    Our association owners share road maintenance fees according to property improvement and location along our road. Since all owners may benefit equally from use of the ROW, these maintenance fees are broken out and shared equally. We try not to make the ROW so well maintained that it will attract boat owners from afar but we keep it safe and functional. This has worked quite well for us. 

    Last modified: 03 Sep 2019 7:52 PM | Anonymous member (Administrator)

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