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