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Maine Alliance for Road Associations

Incorporation of a Road Association

  • 11 Aug 2010 2:00 PM
    Message # 400902
    Deleted user

    I am interested in  possibly incorporating our soon to be formed road association.  Where can I get information on this?  And how does incorporating help with the liability

    Thanks

  • 12 Aug 2010 5:19 AM
    Reply # 401406 on 400902
    Anonymous member (Administrator)
    Doug Covell wrote:

    I am interested in  possibly incorporating our soon to be formed road association.  Where can I get information on this?  And how does incorporating help with the liability

    Thanks

    You incorporate with the state as a nonprofit. You are then governed by Maine nonprofit law. You can find that law online at http://www.mainelegislature.org/legis/statutes/13-b/title13-bch0sec0.html though you do not need to read through it all, most likely. You probably need an attorney to help with the form and filing. Then you are protected by the "corporate veil" against liability. The assets of the corporation, not individual assets, are what can be "attacked." It's a good idea to incorporate for the liability aspect as a nonprofit and also under the Private Ways statute to enable you to collect from non-payers, if you anticipate trouble with that. 
  • 19 Sep 2010 9:17 AM
    Reply # 420851 on 400902
    Botwell

    There are 15 homes on a common road. 12 simple camp full-time residents near the start of the road have owned their property for more than 20 years. In the last 2 years, 3 new big fancy seasonal homes have been built at the end of this 2 mile road. They formed a road association and are having the entire road paved. We ignored them at first, they now are threatening the rest of us to contribute or attach a lean on our property.

    They have bribed a few of the older owners by offering to pave their driveway as a side deal.

    Can we form a competing association to combat this invasion into our rights? Can a road have two associations, or is it whoever files first has control?

    Thank You,

    Botwell

     

  • 20 Sep 2010 7:47 AM
    Reply # 421266 on 420851
    Anonymous member (Administrator)
    Botwell wrote:

    There are 15 homes on a common road. 12 simple camp full-time residents near the start of the road have owned their property for more than 20 years. In the last 2 years, 3 new big fancy seasonal homes have been built at the end of this 2 mile road. They formed a road association and are having the entire road paved. We ignored them at first, they now are threatening the rest of us to contribute or attach a lean on our property.

    They have bribed a few of the older owners by offering to pave their driveway as a side deal.

    Can we form a competing association to combat this invasion into our rights? Can a road have two associations, or is it whoever files first has control?

    Thank You,

    Botwell

     

    Paving is explicitly not included in what can be assessed under Maine statute. They cannot force you to pay for that.

    As for forming your own association, did they follow the required procedure? You should check the statute on this website. If so, and if you are in the majority by votes, you can control what happens. They are a minority.

    Your very nest step should be to inform yourself on the relevant law. See "Maine Private Ways Statute" on this website.

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