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Maine Alliance for Road Associations

1.  "A HISTORY OF MAINE ROADS 1600 -1970" published online by permission of the Maine Department of Transportation; Maine Supreme Judicial Court ruling on undeveloped parcels

Maine Roads History.pdf

Sunshine v Brett.pdf

Goudreau v Pine Springs Road and Water, LLC

Oak Hill Road Wars, video;  Betsy Connor Bowen, Writer and Producer.  This film documents the Manters' thirty-year struggle with municipal and state government over the concept of "public easement", a road the public is free to use but does not have to maintain. 


2.  MAINE PRIVATE WAYS STATUTE, TITLE 23, §§3101-3106

Primary (read carefully):

TITLE 23, §3101, CALL OF MEETINGS; MAINTENANCE; REPAIR

TITLE 23, §3102, DUTIES; NEGLECT TO PAY

TITLE 23, §3103, CONTRACTS FOR REPAIR; RESERVE ACCOUNTS

TITLE 23, §3104, PENALTIES AND PROCESS

Secondary:

TITLE 23, §3105-A, TOWN EQUIPMENT

TITLE 23, §3106, MUNICIPAL ASSISTANCE


2A.  DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)

GUIDE TO FORMING ROAD ASSOCIATIONS: An excellent Resource revised in 2020!

Guide to Forming Road Associations.DEP.2020.pdf


2B. FINAL VERSION, LD 461, An Act Regarding Private Ways and Private Roads, now enacted into Maine law.

Maine 131 - SP 215 - LD 461 item 3.pdf

2C.  Title 23, §3121, RESPONSIBILITY FOR COST OF REPAIRS TO AND MAINTENANCE OF PRIVATE ROADS THAT BENEFIT RESIDENTIAL PROPERTIES

TITLE 23, §3121.pdf

3.  FORMING AND RUNNING ROAD ASSOCIATIONS 

The following Documents are available in the RESOURCES Section of the Members Only Page:

FORMING AND RUNNING ROAD ASSOCIATIONS UNDER MAINE STATUTE, A Leadership Manual by Betsy Connor Bowen.MARA.10.19.21.pdf

STATUTORY ROAD ASSN - "Warrant for First Meeting" by Roberta Manter.pdf


DEFINING A "PARCEL OF LAND" in the MAINE PRIVATE WAYS STATUTE, §3101 (4) Voting, is crucial for each private road association because it determines the number of votes per owner and may determine each owner’s share of the annual assessment. Attorney Cliff Goodall, now retired, called a parcel of land "the operative ownership piece for this statute" at the MARA Road Association Conference 2014 (See # 7 below). We have transcribed a portion of Cliff's presentation on this subject and have asked Attorney Mary Denison for her opinion of Cliff's conclusions.

QUESTION FOR ATTORNEY DENISON.Definition of PARCEL OF LAND.05.16.22.pdf

The following "Samples" are meant to be altered to fit your use:

SAMPLE RA BYLAWS.docx

SAMPLE RA BYLAWS 2.rev2.docx

SAMPLE Consent to receive email notices and materials.docx

SAMPLE ABSENTEE BALLOT FORM.docx


The following WORD.docx "TEMPLATES", based on the Agenda TEMPLT, are designed to facilitate absentee voting and save time:

AGENDA.Ann Meet.TEMPLT.docx

PROXY Voting/ABSENTEE BALLOT TEMPLT.docx

Meeting Minutes.TEMPLT.docx

Proposed Budget.TEMPLT.docx

From Attorney Cliff Goodall:

RULES OF PROCEDURE FOR MEETING MOTIONS .pdf

PROPERTY VALUATION FOR ROAD ASSOCIATION ASSESSMENTS.Cliff Goodall.pdf


4.  GRAVEL ROAD MAINTENANCE 

Gravel Road Maintenance Manual.DEP.2016.pdf

Ditch In Time by Russ Lanois.pdf

Nautical Manila "Speed Ropes" for Traffic Control.revised 12.5.21.pdf


5.  DELINQUENT CLAIMS - Available in the RESOURCES Section of the Members Only Page

COLLECTION TIMELINE.Peter E. Dunn.revised A L A.10.25.23.pdf

Collections Worksheet.docx (Contains links to Date and Simple Interest calculators) 

SAMPLE Late Payment Policy.docx

Date Calculator

Simple Interest Calculator

MARGIN REQUIREMENTS-Updated 2019.Maine Registers of Deeds Association.pdf

20-Day Collection Notice, NOTICE OF CLAIM.docx

NOTICE OF CLAIM-Updated Margins.docx

EXTENSION OF NOTICE OF CLAIM-NOC before October 25, 2023.Updated Margins.docx

EXTENSION OF NOTICE OF CLAIM-NOC after October 25, 2023.Updated Margins.docx

DISCHARGE OF NOTICE OF CLAIM-Updated Margins.docx 

Member Email Alert on Amendments to Private Ways Statute, §3104. Penalties and process:

Extensions for NOC now 6 years; Action Items Within!


6.  USEFUL LINKS:

HOW TO SUBMIT TESTIMONY:

How to Submit Testimony.pdf

ONLINE RESOURCES:

Useful Websites.Manter.pdf

DEP DOCUMENTS AND GUIDANCE:

https://www.maine.gov/dep/land/watershed/roadassociation.html

Maine ROADWays Website (Residents & Owners on Abandoned & Discontinued Ways):   

` http://maineroadways.blogspot.com/

THE TOWN OF WINDHAM has more than 60 % of property owners living on private ways or private roads for which the town has provided winter maintenance (plowing and sanding) for over 20 years. This agreement has ended. Windham is currently working on a process to continue plowing "private ways" with public easement, to include having owners on private roads form statutory road associations. Here are 2 links to Windham's process:

https://www.windhammaine.us/758/Private-Ways-with-Winter-Maintenance  

https://www.windhammaine.us/DocumentCenter/View/7803/Resource-Binder-Materials


7.  HANDOUT MATERIALS: Past MARA Road Conferences - Available in the RESOURCES Section of the Members Only Page 

Conference 2014:

CLIFF GOODALL'S TALK (up-loaded May 14, 2014) on defining a "PARCEL" and determining assessments for each parcel :  (YOU WILL NEED A MEDIA PLAYER ON YOUR COMPUTER!)

http://www.mediafire.com/listen/8ke92745d1k75g7/WS700068MARAGoodall.WMA


Conference 2016:


DEP Road Maintenance for Belgrade 2015.pdf

Josh Platt Gravel Road Design MES.pdf


Conference 2020:

a.  Mary Denison: "I am  providing a full version of the law and templates for start-up and collection activities." Private Ways Act.pdf ; Application to Notary Public.pdf ; Warrant 1st Meeting.pdf ; Proxy Voting Form.pdf ; Sample Bylaws for Statutory Road Association.pdf ; Sample 30-day Claim Notice.pdf ; Notice of Claim for Non Payment.pdf ; Notice of Non Payment and Extension.pdf .

b.  John Maclaine: https://www.maine.gov/dep/land/watershed/camp/road/gravel_road_manual.pdf

c.  Roberta Manter: "Based on your responses at the Conference, I have expanded my outline to make it a reference for the topic." Encouraging Member Participation.Expanded Notes.pdf

Conference 2023:

Mary Denison: "I have attached the form that we discussed on Saturday at the (Oct 7th) Conference - a Notice of Statutory Road Association.  It will need to be carefully read and edited by its user prior to recording as it contains specific information about the particular statutory association."  (See Discussion Forum Post, 05 Nov 2020 11:46 AM, Andrew L. Allen,  Use Search Engine, enter "Clarification Denison", my interview with Mary about the value of placing a Notice in the Registry)

Registry Notice of Statutory Road Assn.rev2.docx

                            The Maine Alliance for Road Associations


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