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Maine Alliance for Road Associations

Freedom of Access Act (FOAA)

  • 02 Dec 2023 2:47 PM
    Quote
    Message # 13286186
    Anonymous member

    We all know the private ways act provides statutory authority for road associations to exist to assess, to collect assessments, charge interest  and place Notices of Claim (similar to liens).

    Does Freedom of Information Act apply to statutory/formal road associations?

    Thanks

    Last modified: 03 Dec 2023 12:12 PM | Anonymous member (Administrator)
  • 03 Dec 2023 12:20 PM
    Quote
    Reply # 13286361 on 13286186
    Anonymous member (Administrator)

    I have taken the liberty to clarify the acronym, FOAA, and correct the spelling of “assess”. Please let me know if my edits are in keeping with your original intent.  There is nothing in the Private Ways Statute about charging interest but I’ve heard attorneys say that’s possible if so voted in the By-laws and seen by the courts as fair and equitable.

    The FOAA allows public access to public records. Records kept according to the By-laws of a statutory private road association are private, not public records. I am not an attorney, but believe the FOAA would not apply to private road associations conducting themselves according to the statutes. 

    Last modified: 03 Dec 2023 12:56 PM | Anonymous member (Administrator)
  • 04 Dec 2023 12:04 PM
    Quote
    Reply # 13286800 on 13286186
    Anonymous member (Administrator)

    Check your bylaws.  They may contain a provision similar to the following:

    Inspection of Books; Reports to Property Owners.

    Books, accounts and records of the Association shall be open to inspection to any one or more of the members of the Board of Directors, or any property owner(s) at all reasonable times by written request. Any person who has been furnished with a copy of the financial report and shall have failed to object thereto by notice in writing to any member of the Board of Directors, given by registered or certified mail within a period of one (1) month of the date of receipt of such report, shall be deemed to have assented thereto.

                            The Maine Alliance for Road Associations


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