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Maine Alliance for Road Associations

Q&A: LD 1356 and ”One parcel, one vote?”

  • 31 May 2013 9:54 PM
    Message # 1306646

    LD 1356 and ”One parcel, one vote?” 

     Q: On Section 4, Voting: In our association, each distinct landowning household gets one vote, no matter how many parcels they own. This is how the association has been run for decades, at first informally, and then as codified in our (approved) bylaws two years ago. I assume that this is fine if approved by membership (as opposed to the “one parcel, one vote” formulation in this paragraph of the bill.) But I would like confirmation.

     A: On Voting: (1) Since your association has agreed to run itself in a manner different than the bill (the bill says “one parcel, one vote” and you are “one landowning benefited immediate family, one vote”) and (2) since your dues structure follows from your voting structure (each member pays the same amount, no matter how many parcels on the road they might own) and (3) since all this was codified in bylaws voted on in a proper election, you are probably fine. "If there is a challenge to an assessment by one of your property owners however, your voting method may be questioned in court if it is different from the statutory method."

                            The Maine Alliance for Road Associations

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