We are preparing for our first road association meeting.  There are six homes with addresses on our street.  All of these addresses benefit from our road.  There are seven homes whose backyards abut our street.  Out of these seven homes, two never access our road (one has a fence).  The five others do use the street to access parking spots in the rear of their properties.  We are notifying all abutting property owners of our upcoming meetings , proposed bylaws, etc. and trying to determine who is required to join the road association.   

The two homeowners that don't access the road do not want to join the association or be assessed.  This seems to make sense to everyone in the neighborhood.  

Is there a procedure for allowing abutters that do not have beneficial use of the road to opt out?  

Do we need to continue to inform these neighbors of road association activities once they opt out? 

Thanks for your help!

That approach seems very reasonable to me.

Thanks for your reply.

It is correct that every property that has a potential benefit from the road must be included in the road association.  It is also true that the members can agree not to assess any fee against those who never actually use the road.  However, it would be wise to draw up something in writing and filing it in the Registry f Deeds, whereby the owners of those lots agree that they do not use the road, and that if in the future they do decide to begin using the road, they would then be obligated to become paying members of the road association.  Otherwise you could find that after saying they will not use the road, at some point they change their mind and do use the road but do not begin paying.