I have determined that our association (in 2012) followed the required steps to become a title 13-B non-profit corporation, and the required steps to become a title 23 statutory road association. So, it seems that we "are both."
We want to utilize 13-B to hold title to the road property, and we want to utilize 23 to force payment of assessment fees, when needed.
Our current (outdated and incomplete) bylaws only reflect 13-B. Is it acceptable for our bylaws to reflect both the requirements of and authorities granted by 13-B and by 23? I haven't yet found conflicting requirements in the two statutes.
Is the right approach to simply reference one of the two statutes when a "power" being exercised by a bylaw is granted by that statute?
Any input is greatly appreciated. Thanks.