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Maine Alliance for Road Associations

HOW TO BE BOTH TITLE 13-B NP CORPORATION AND TITLE 23 STATUTORY ROAD ASSOC

  • 17 Aug 2026 12:01 PM
    Message # 13669062

    On page 3 of the Guide to Forming Road Associations it is noted that "a road association can be both a statutory and a nonprofit corporation. 

    Our road association holds title to a road, so we are now organized under the Title 13-B Nonprofit Corporations Act. If we wanted to take advantage of the fee enforcement power granted by the Title 23 Private Ways Statute, specifically what would we need to do? Thanks!

  • 21 Aug 2026 8:08 AM
    Reply # 13671455 on 13669062
    Anonymous member (Administrator)
    There are detailed instructions for forming a statutory road association under the resources tab on this website. You must follow the instructions exactly. 
  • 28 Sep 2026 6:21 PM
    Reply # 13721406 on 13669062

    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    Our current (outdated and incomplete) bylaws only reflect 13-B. Is it acceptable for our bylaws to reflect both the requirements of and authorities granted by 13-B and by 23?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. 


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