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Maine Alliance for Road Associations

determining maintenance area

  • 06 Sep 2010 11:07 PM
    Message # 414461
    Deleted user
    We have a complex situation involving persons within the pre-determined  maintenance area with dual rights of way to an adjacent road and persons with dual rights of way outside our maintenance area. At some point, the maintenance area may have to be change especially if the other road chooses to form it’s own RA. Please tell me the correct procedure of determining the maintenance area before, during or after our organizational meeting ?
    Thank you for your help.
  • 08 Sep 2010 9:49 PM
    Reply # 415535 on 414461
    Deleted user
    Michael Connolly wrote:We have a complex situation involving persons within the pre-determined  maintenance area with dual rights of way to an adjacent road and persons with dual rights of way outside our maintenance area. At some point, the maintenance area may have to be change especially if the other road chooses to form it’s own RA. Please tell me the correct procedure of determining the maintenance area before, during or after our organizational meeting ?
    Thank you for your help.
    Should I reword the question....any suggestions ? Is it as simple as stating it in the by laws with change as easy as a majority vote after formation ?
    Last modified: 08 Sep 2010 9:49 PM | Deleted user
  • 08 Sep 2010 10:04 PM
    Reply # 415559 on 414461
    Deleted user
    I'm not sure I understand the situation.  Perhaps you could elaborate a bit on these dual rights-of-way and maintenance areas?
  • 09 Sep 2010 6:46 AM
    Reply # 415662 on 415535
    Anonymous member (Administrator)
    Michael Connolly wrote:
    Michael Connolly wrote:We have a complex situation involving persons within the pre-determined  maintenance area with dual rights of way to an adjacent road and persons with dual rights of way outside our maintenance area. At some point, the maintenance area may have to be change especially if the other road chooses to form it’s own RA. Please tell me the correct procedure of determining the maintenance area before, during or after our organizational meeting ?
    Thank you for your help.
    Should I reword the question....any suggestions ? Is it as simple as stating it in the by laws with change as easy as a majority vote after formation ?
    Yes, it is difficult to understand what is going on here without knowing what form the existing RA has and how long it has operated, and what form the possible new RA (informal? nonprofit? statute?) might take and why a new one might be formed. There is an argument that an existing RA has a certain legal standing that a new one formed out of it might not. As for what I think you mean by maintenance area, is that the stretch of road that the parcel owners repair and maintain? I do not understand dual rights of way. So, while I believe the answer can be found, the facts aren't clear yet. 
  • 09 Sep 2010 1:29 PM
    Reply # 415860 on 414461
    Deleted user
    We are in the process of forming a road association with our organizational meeting coming up within the month for a statute RA. The front half of the road decided not to join us. We on the standing committee at the back half within the watershed of our lake and with local matching funds application coming due this spring, non contribution compliance and  other pressing liability issues in volunteer maintenance decided to press ahead.

    At one end, we  connect a private road out side our described maintenance area but includes residents with ROW over our road as well as ROW out another way, along with others who don't. The ROWs were invited. The residents with ROW use our road when traveling in one direction and use the other road when going elsewhere. Those with ROW on our road are not concurrent and alternate with those who don't making the maintenance of that area too difficult to assume as they were not interested in forming a road association either.

    On the other end, the resident at the watershed dividing line, our chosen line is concerned with having to join our association and not giving funds to maintain the rest of the road out. I assured him there was nothing to worry about as there were several conclusions. A waiver of fee for our road was one, or the acceptance that if not, he cannot be forced to pay on the private non association road  and that we  at the lake side still plowed and helped maintained the rest of the road regardless for themselves...he is still free to use his own right of way with the rest of us. We chose this extended area as a way of contributing to the whole road as we could not help them out side of a smaller maintenance area.   It was agreeable to their representatives at the time the warrants were sent out, but has become politically contentious now.
    What are our options before, during or after the organizational meeting concerning changing the maintenance area ?

    Needless to say, trying to form one between two reluctant parties has become quite political.
    Last modified: 09 Sep 2010 1:29 PM | Deleted user

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