Thea Bandy wrote:
Does a forming Statutory Association have the right to exclude a section of the Road for maintenance if the complete road was never finished prior to the original formation of the group yet, charge dues for the 1st portion only?
The road itself now includes 4 more property owners in an extension and the town acknowledges it as part of the road on town maps.
The Ad Hoc group is now in the process of forming a Statutory Road Association. The original groups contention is the new part of the road was never part of the Informal Ad Hoc group therefore does not need to be included in the Statutory Assoc.
Can they legally exclude that section in the Statutory Road Assoc.?
That's an interesting question. I'm really not at all sure how this would work in the case of an existing road association and newly created easements. However, it's not clear to me that this is your situation.
You say that the association is "in the process" of being formed. How far along in that process are you? Has the Call of Meeting been mailed, or have the owners already voted to form an association? When were the easements over the road granted to these "new" parcels?
It is likely that the easements for the new parcels have probably existed all along, granting a right to pass over both the pre-existing road, as well as any newly-constructed or to-be-constructed extension. If that is the case, those parcels would have to be part of any association formed under the statute.