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Maine Alliance for Road Associations

Property sale include acknowledgement of by-laws

  • 03 Jan 2024 12:47 PM
    Message # 13296520

    When one buys property in a condo, the agreement of sale usually includes acknowledgement of receipt of the condo documents. Something similar is not the case when a house is sold on a private road with a statutory road association and by-laws, correct?

    When we see that a property is listed, we make sure the seller has the most recent by-laws to give to their agent but beyond that we are not part of the sale. Is there any way to require acknowledgement of receipt of the by-laws as part of the sale? We most often have no involvement in the sale except to give proof of payment for the assessment.

    (For reference, we are a 68 (!) member road association in a very old subdivision with properties now selling for $1,000,000 plus.)


  • 04 Jan 2024 9:35 AM
    Reply # 13296899 on 13296520
    Anonymous member (Administrator)

    You are correct.  Nothing of that sort is required.  However, since the passage of an amendment to the real estate disclosure laws in 2017, we've found that realtors will often get in touch with a road association when a sale is pending to find out when dues are billed, how much the amount is, and if there are any outstanding dues owed.  That gives us an opportunity to offer to send them the bylaws as well.

    But your suggestion has merit.  Maybe MARA should look into the condo disclosure and consider the possibility of presenting similar legislation for road associations.  

  • 06 Jan 2024 8:24 PM
    Reply # 13297954 on 13296520

    Usually what I do is when I see a for sale sign, I will contact the selling agent and notify them about our association, tell them about the dues and if the owner owes anything. As was previously stated, they are required by law to list in their advertisement that our road association. Title companies contact us to provide a closing report about the home. We obtain from the title company or selling agent the name and contact info about our new owner. We have a real estate agent on our board who keeps us informed about any listings. You may find that a real estate agent can sign you up to a notification list about any homes/land for sale for your roads. 

                            The Maine Alliance for Road Associations


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