Joann Wallace wrote:

We had a meeting this summer and 9 residents attended.  The purpose of the meeting was to vote for a road association.  The 9 residents voted yes.  I mailed out votes to the other residents.  I received another 13 "yes" votes.  Can I proceed with these "yes" votes?  Twenty-two out of a possible 24 residents are in favor.  The problem now is the majority of property owners are summer residents and have closed up for the winter.  Can a commissioner and board be temporarily appointed until we can have a meeting in the Spring of 2010??  I know there are a lot of topics here, but I NEED HELP!!!!  I am working with an attorney to create a road association agreement and application for incorporation.

You will have to get in touch with the summer residents somehow to proceed with the business of the road association they have approved. Use the MARA manual and go from there. I am sorry I missed this post and am glad you are working with someone. If you can communicate with the absentee owners by phone or email or even mail you might be able to get this thing in business before Spring. It is a lot of work for you but that is how most road associations get going -- the determination of a determined person not afraid of work, I have observed.

Robert Howe wrote:

Well, I beg to differ.  Yes, this is a "legacy" post to which I'm responding, but the topic is perpetual, I'd say.

The statute is very specific in my view: to form a STATUTORY Road Association you must contact alll owners by mail via a notary with 30 days notice.  At that meeting a majority can vote to form, and adopt bylaws.  The statute is poorly drafted in many regards and does not state "may adopt bylaws" but by language presumes bylaws adopted.  Subsequent to the formative meeting if the bylaws that are adopted permit absentee, proxy or whatever, you are on safe ground. Without that notary you run the risk of the statutory validity being challenged if it comes to a court action.

BUT.  You don't need a statutory association to have an effective association unless the ability to "easily" force all to pay their fair share is an important issue.  That's really, IMO the only "value" of the statutory route, and the primary intent of the statute.  And of course if that's what you're after, you'd better be sure that the protocol to establish it is followed to the letter.  OTOH, there is great freedom in how the statute allows you to operate.  You don't have to have a commissioner or a board.  Decisions can be made by a super-majority.  There are several other "MAY" terms that give considerable flexibility in tailoring the bylaws to the needs of the owners.  JMO, YMMV

RHowe

I read your original post to mean (and I apologize) that you were forming under the statute. Yes, the problem of non-payers is what gives the statute meaning. I am glad you have (apparently) formed the association that works for your road.