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Maine Alliance for Road Associations

Invalid road association

  • 13 Oct 2010 2:41 PM
    Message # 443498
    Deleted user
    We had a meeting in May of 2010 and was to re-elect offices in June 2010.  We do not have a president at this time.  Is there a period of time that goes by that will make the road association invalid?
  • 13 Oct 2010 2:57 PM
    Reply # 443516 on 443498
    Deleted user
    Brenda Cadwallader wrote:We had a meeting in May of 2010 and was to re-elect offices in June 2010.  We do not have a president at this time.  Is there a period of time that goes by that will make the road association invalid?


    Since the passage of LD 1315 in 2009, statutory road associations continue in existance "until the association is dissolved by a majority vote of its members".

    Previously, statutory associations could exist for only 12 months, and needed to be re-formed each year.

  • 01 Dec 2010 4:50 PM
    Reply # 472807 on 443498
    Deleted user
    No meeting has still taken place since May of 2010. We were notified by mail by one of the neighbors they contacted a plowing contactor and gave us an amount that would be due from us.  Are we responsible for paying this?  We were never informed they were seeking a contractor, etc.
  • 01 Dec 2010 5:14 PM
    Reply # 472825 on 472807
    Deleted user
    Brenda Cadwallader wrote: No meeting has still taken place since May of 2010. We were notified by mail by one of the neighbors they contacted a plowing contactor and gave us an amount that would be due from us.  Are we responsible for paying this?  We were never informed they were seeking a contractor, etc.


    It's not clear to me that the hiring of the plowing contractor was an act of your association at all.  If you haven't set a budget and assessments, or elected a road commissioner (president?), then it's probably not an act of the association.

    If the association hasn't acted to secure plowing services, I'm not surprised that one of your neighbors has independently taken the initiative to do so.  If this is the case, you're certainly not obligated to pay.  But then again, I wouldn't expect the plowing contractor to show up for the next storm after he's been stiffed on the first.


  • 07 Dec 2010 1:48 PM
    Reply # 476309 on 443498
    Deleted user
    it has been brought to our attention they will be placing a lien on our property for not paying a portion of the plowing amount. Can they do that?
  • 07 Dec 2010 3:09 PM
    Reply # 476363 on 476309
    Deleted user
    Brenda Cadwallader wrote: it has been brought to our attention they will be placing a lien on our property for not paying a portion of the plowing amount. Can they do that?

    The association can place a lien on your property for unpaid assessments, yes.  The question you have to answer is whether the association has properly enacted the assessment.

    The plowing contractor may also be able to place a mechanic's lien on your property if he doesn't get paid.

                            The Maine Alliance for Road Associations


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