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Maine Alliance for Road Associations

Laws re: Board Transparency

  • 22 Feb 2011 8:13 PM
    Message # 531124
    Deleted user

    Hello everyone,

    I'm curious of any of you know if there is a state law that governs how a road association board interacts with it's members?  What I'm specifically wondering about is whether there's a state law that says a member can address his board of directors for a certain period of time, like 5 minutes.  Our bylaws are silent on this issue.  I need to find something that's official in writing somewhere so my fellow board members realize that it's more than just my personal opinion on how they should conduct themselves. 

    My board has already told a member that he couldn't address his board, because they knew what he was going to talk about and didn't want to hear it.  I'm concerned that we may have violated this member's legal rights somehow, in more ways than just being impolite hosts.

    I'm looking for a Maine Revised Statutes number, not an easy explanation that it's common law, or common sense, or good manners...

    Craig Gordon

  • 22 Feb 2011 8:50 PM
    Reply # 531148 on 531124
    Deleted user

    The Private Ways statute has very little to say about how the internal matters of an association are to be conducted, only that:

    The owners of parcels of land benefited by a private road, private way or bridge at a meeting called pursuant to subsection 2 may choose a commissioner or board, to be sworn.

    Bear in mind, however, that under the Private Ways statute, the commissioner or board only has the power to carry out the will of the association as expressed by the membership:

    By a majority vote, the owners may determine what repairs and maintenance are necessary and the materials to be furnished or amount of money to be paid by each owner for repairs and maintenance.

    Meetings of the association may be called by the commission or the board, but they "belong" to the owners.  The owners may adopt rules by which the meeting is to be conducted, and may elect a moderator to preside over the meeting.  That moderator need not be the commissioner or a board member.

    It would probably be a good idea to adopt Roberts Rules of Order as the controlling authority for the conduct of your association meetings.

    Last modified: 22 Feb 2011 8:50 PM | Deleted user
  • 23 Feb 2011 5:39 AM
    Reply # 531316 on 531148
    Todd Tolhurst wrote:
    The Private Ways statute has very little to say about how the internal matters of an association are to be conducted, only that:

    The owners of parcels of land benefited by a private road, private way or bridge at a meeting called pursuant to subsection 2 may choose a commissioner or board, to be sworn.

    Bear in mind, however, that under the Private Ways statute, the commissioner or board only has the power to carry out the will of the association as expressed by the membership:

    By a majority vote, the owners may determine what repairs and maintenance are necessary and the materials to be furnished or amount of money to be paid by each owner for repairs and maintenance.

    Meetings of the association may be called by the commission or the board, but they "belong" to the owners.  The owners may adopt rules by which the meeting is to be conducted, and may elect a moderator to preside over the meeting.  That moderator need not be the commissioner or a board member.

    It would probably be a good idea to adopt Roberts Rules of Order as the controlling authority for the conduct of your association meetings.

    I once complained to an attorney that the conduct of our road association meetings didn't meet up with Robert's Rule of Order standards. I will never forget the "Oh, my dear girl" look on his face. Short of making it a part of the bylaws, there was nothing to be done, as I recall. I agree -- vote to adopt it, and appoint someone to study a copy.

                            The Maine Alliance for Road Associations


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