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Maine Alliance for Road Associations

Defining the Private Way

  • 09 Jun 2010 9:26 AM
    Message # 356309
    Deleted user

    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.?

     

  • 09 Jun 2010 1:14 PM
    Reply # 356430 on 356309
    Deleted user
    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.

  • 09 Jun 2010 8:04 PM
    Reply # 356670 on 356430
    Deleted user
    Todd Tolhurst wrote:
    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.

     
    We have not voted yet to change from the original Ad Hoc agreement to the new Statute Assoc. They have planned the meeting and sent out notices. The easements to the property were granted prior to my ownership. The Ad Hoc association charges dues but only maintains a certain section. The argument is that another off shoot road is not maintained therefore the new extension should not be included as it would not be cost effective or beneficial to all. However that off shoot Road is not the main road being included. they also claim that the town never asked if could continue the Road as identified on the tax maps. When they vote they are voting to change the Ad Hoc to the Statutory one without any changes so they can mandate dues and hold property owners liable for any damage to the road.

    Thanks for your help with the insight

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