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Maine Alliance for Road Associations

enforcement of PWS

  • 29 Aug 2021 1:01 PM
    Message # 10966683

    Several members have asked where they can file complaint that the statutory road association is not following the PWS. They already tried the board members in past years with no changes or results. Most are out of state or live over 100 miles away and feel they have not had a voice/ vote on association matters where new business that was not on the notice of meeting was voted on and passed at meetings where only 25% or less of lots were represented. There are no by-laws that address this. They do not believe  votes were legal or binding.

  • 31 Aug 2021 8:37 AM
    Reply # 10971591 on 10966683
    Anonymous member (Administrator)

    There is no state agency that has responsibility for enforcement of the Private Ways Statute, 23 M. R. S. §§3101 - 3104.

    However, in considering §3104, Penalties and Process, if the court determines your association has not adhered to the democratic processes set forth in the Statute, then they may deny any Notices of Claim, costs of collection and attorney fees for delinquent claims you may have recorded.  

    Last modified: 01 Sep 2021 8:17 AM | Anonymous member (Administrator)
  • 31 Aug 2021 2:00 PM
    Reply # 10972431 on 10966683

    Good to know 

    Thank You !

  • 01 Sep 2021 12:23 PM
    Reply # 10974658 on 10966683
    Anonymous member (Administrator)

    Andrew (Sandy) is correct that there is no state agency that has responsibility for enforcement of statutory road associations.  He is also correct that a flawed process could keep a road association from being able to collect on notices of claim; however, that would necessitate the matter ending up in court.

    I don't know if the Office of the Attorney General would do anything for you.  I do know that they deal with consumer complaints regarding businesses, charities, and housing, but I'm not sure if a road association fits any of those categories.

    Another possibility might be to seek the services of a professional Mediator.   You could try the Maine Association of Mediators, or Family and Community Mediation (FCM).

                            The Maine Alliance for Road Associations

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