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Maine Alliance for Road Associations

Boards obligation to comply with state law and other road oblgations

  • 31 Dec 2023 10:57 AM
    Message # 13295520

    we are a 30-year-old private nonprofit RA with 51 members. we have had a longstanding debate about snow removal. Several of the original cabins are seasonal. and have refused to pay for snow plowing. As plowing is becoming more and more expensive it has become an issue with those that do pay.

    our last attempt to deal with this was to put in an exemption in our bylaws that owners could claim one time if they agreed not to access their property during the winter.  This includes access by caretakers, workers and deliveries. The exemption would expire if the property was sold, or the owner started using the property in the winter. 

    This has created an enforcement nightmare, and it has been wildly abused. Enforcement issues aside, from this last rainstorm we had damage to our road like many others and while I was talking to CMP they told me that anyone that has power has an agreement to maintain access to lines and CMP equipment year-round for their standard 34,000 lbs. truck. This agreement and the recent change to §3101 to define snow removal as standard maintenance. it is 100% clear that snow removal is not optional.

    Our bylaws state that we need 2/3 of the people at a given meeting to vote to change the bylaws. at any given meeting we are very close or under getting the 2/3 we need to show up to vote a change to winter plowing. 

    So, my question is what we do as a board if we have parts of our bylaws the no longer meet state law. Specifically, it is the "Fair and equitable test" I feel that we do not meet now that snow removal is not optional.

    §3121 states the with no agreement the fees should be split equally, would we fall into this default given that we are not in agreement and have been debating this for years?

    thanks

    Scott

    Attached is the "Central Maine Power – Handbook of Requirements for Electrical service and Meter Installation" please see section 213 and 214

    1 file
    Last modified: 02 Jan 2024 7:20 PM | Anonymous member
  • 01 Jan 2024 9:36 AM
    Reply # 13295676 on 13295520
    Anonymous member (Administrator)

    Kudos to you for getting that many people to show up for a meeting!  Does that include proxy votes or absentee ballots?  If not, that might get you enough more votes to change your bylaws. 

    The road association I'm in has about as many members, but has never been able to get that high a turnout at an annual meeting.  They first formed as a non-profit, but within the first few years they were unable to get the quorum required by their bylaws at any meeting, and consequently couldn't vote to do anything.  They resorted to basically operating as a volunteer association just to collect enough to keep the road plowed.  Within just a few years, the association folded.  They re-formed as a statutory association, re-wrote their bylaws with a more attainable quorum, and have operated successfully since 2012. 

    So that might be one path your association could take.  If your association does fold, and does not come up with some sort of maintenance agreement, (whether statutory or informal,) then technically section 3121 would apply.  I was not in favor of section 3121 from the outset.  Among other reasons, I don't think a "one size fits all" solution will work well.  Also, the enforcement clause is problematic.  But I hoped that if nothing else, it would motivate people to come together and put in place a more workable solution so as not to have to come under section 3121.

  • 01 Jan 2024 4:29 PM
    Reply # 13295764 on 13295520

    we typically get 25 - 30 owners including proxy votes. a quorum for us is 20% and our bylaws can be changed with 2/3 of the people present. still pretty good attendance.

                            The Maine Alliance for Road Associations


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