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Maine Alliance for Road Associations

Who is able to Vote?

  • 26 Jul 2010 11:30 AM
    Message # 390279
    Deleted user

    It states in our minutes you must be a land owner to participate in the Road Association.

    We have been informed that the current President of the Road Association (Since June 2010) does not have property deeded on the road.  She is the wife of a property owner.  Are we correct that she can not hold a position or vote since her name is not on the deed?

  • 27 Jul 2010 6:43 AM
    Reply # 390955 on 390279
    Brenda Cadwallader wrote:

    It states in our minutes you must be a land owner to participate in the Road Association.

    We have been informed that the current President of the Road Association (Since June 2010) does not have property deeded on the road.  She is the wife of a property owner.  Are we correct that she can not hold a position or vote since her name is not on the deed?

    Is your Road Association formed under Maine statute? Because if it is, there is a clause that reads, "Each parcel of land benefited by a private road, private way or bridge represents one vote under this section; except that, if the bylaws of the association authorize more than one vote, then each parcel may represent no more than 2 votes under this subsection." Two votes is for two owners who disagree. I have seen it work such that if only one of a married couple is listed on the deed, the couple is regarded interchangeably as the vote, although this may not always happen. Also, it is possible for an owner to appoint a proxy.

    If not, it would seem that your bylaws (not just minutes) govern, although my observation has been that if someone is willing to undertake the job of being President, people look the other way in a situation such as you describe. 

    Is there some reason why people do not want her to serve as President?

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