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Maine Alliance for Road Associations

Dues for property not on the road

  • 02 Jul 2026 2:29 PM
    Quote
    Message # 13649316
    Anonymous member

    We have an odd situation where there is a property that is not actually on the association road but has deeded right to use the road right-of-way and to access a beach area via right of way to the association roadway.   It seems like that property is benefiting from the road and should be paying dues even if they don't use it much .  Anyone else have this ?  or ideas/suggestions ?
  • 04 Jul 2026 12:30 PM
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    Reply # 13649842 on 13649316
    Anonymous member (Administrator)

    Is your road association a "Statutory" road association formed under 23 MRS sections 3101-3104?  If so, section 3101 states,

    "2.  Call of meeting.  When 4 or more parcels of land are benefited by a private road, private way or bridge as an easement or by fee ownership of the private road, private way or bridge, ..."

    And, 

    "   written notice must be mailed by means of the United States Postal Service to the owners of all the parcels benefited by the private road, private way or bridge..."

    I would take that to mean that the owners of all parcels benefited by the road are required to be members - especially in this case where you say there is a deeded right.
  • 05 Jul 2026 4:43 PM
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    Reply # 13650006 on 13649316
    Anonymous member

    My first question is what is the type of association? Second are there bylaws for the association that define who pays?
    Several years ago working with an attorney that speaks at the annual conference we drafted bylaws for the Statutory association being formed.  We defined “benefit” as having ingress and egress to the owners property by use of the road.  From the brief description your association does not provide that benefit to the lot owner.  
    The lot owner does have the deeded benefit to access the beach area using the association road.  Is this lot owned by an individual or the association?
    Are there any other lots outside the association with the same benefit? 
    I think obtaining a legal opinion would be helpful to determine if you have a case for payment.
  • 06 Jul 2026 2:08 PM
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    Reply # 13650301 on 13649316
    Anonymous member

    thanks for responses so far . 

    • yes, association is formed under Maine statutory road association law.
    • yes, the lot in question was included and listed under the by-laws as an affected property when the association was formed.  
    • The description in the road association bylaws is : "having road frontage on <association> Road or otherwise benefitting from the Road"  , in addition to listing the specific lot numbers.
    • The lot is privately owned.
    • It was previously owned by an elderly couple that did not want to use the beach access, so the association voted a waiver for dues.  It is now owned by a different individual. The bylaws provide for setting dues at the annual meeting.
    • The right of way to the beach  is only accessible from the association road. The ROW to the beach  is maintained by the association. 
    • There are other properties with the same deed clause , but this is the only  one that does not directly abut one of our roadways. Access to the lot in question is from a different road that is not part of our road association.
  • 06 Jul 2026 10:52 PM
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    Reply # 13650465 on 13649316
    Anonymous member (Administrator)

    In my opinion, if they have a deed that grants them an easement over the road, i.e. use of the road, and they are in fact using the road or intend to use the road, that use causes wear and tear, so they should be contributing to the cost of maintenance.  Your association could, if they wished, vote to set up a fee structure that charges less to anyone who has a right of access to the beach area but has no property on the road.  But many associations charge everyone the same, no matter how much or how little they use the road, because the road is available for their use at any time.

                            The Maine Alliance for Road Associations


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