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Maine Alliance for Road Associations

Are our bylaws out of date?

  • 16 Jul 2026 10:49 AM
    Quote
    Message # 13653665
    Ryan Gahagan

    Hello, our bylaws state: "[Association] is organized as a non-profit, non-stock corporation under 13B Maine State Statutes; is subject to IRS Regulation 504(c) 3 and has legal empowerment under Maine Law, Title 23, Local Highway Law, Subchapter 11, Sections 3401-3404, Private Ways."

    I know laws have changed recently, but I also can't even find a record of Section 3401-3404 anywhere. Was this a typo in the original drafting of our bylaws? Is there an action we need to take?
  • 16 Jul 2026 6:29 PM
    Quote
    Reply # 13653853 on 13653665
    Anonymous member (Administrator)

    The so-called "private ways" statutes (which actually apply to private roads, not private ways,) have been under 23 MRS sections 3101-3104 for some time - I think at least as far back as 1976.  So unless your bylaws were written before that, my guess is that it was a misprint.  The solution would be to check your bylaws to see if there is a procedure for amending them, and then follow that procedure.

    Last modified: 16 Jul 2026 6:31 PM | Anonymous member (Administrator)

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