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Maine Alliance for Road Associations

Plowing

  • 11 May 2011 6:59 AM
    Message # 588615
    (Topic created by TOM and moved to separate thread by webmaster)

    We  live on a private road,that is a circle and also a section of the road,that runs off off the circle. When we bought the house in 2000, we had no road association. We have paid for plowing and repairs, without having an association. Several of the people who live above us, formed an association. The ended the need to be in the association, at my land,even though,I have a land owner,who abutts me and they have never been contacted by said road association,nor have any of the other people beyond him,which would include approx. 10 houses. The association as it stands,is made up of 7 owners,one owner owns  4 parcels. We have never wanted to be part of any association and have expressed our thoughts and concerns, to the road association members,in their meetings,via email and in person. They say,we have no choice in the matter, that we are going to be part of it,weather we want to or not. When asked about why they stopped at our house, the only answer we get is because, you use the road and have a right of way to your home. We use both sides of the road(circle)equally, as we are at the very bottom of a teardrop shaped cirlce. Is it legal, for them to just stop at my home, while ignoring all the others!? We have no problem paying for plowing, as we have done so, for 11 years. The association also failed to plow my section of the road, that allows me to acess either end safely, during the last storm of 2011, when we had 9 inches of heavy snow and slush, while the rest of the road above me was plowed. I was told,they didn't know that my section wasn't plowed, they then stated,"that we were trying to save money!" That,"I had acess,even though the road wasn't plowed!" Then,they stated,"we figured with the warm weather..it would be gone in 5 or 6 days!" Mean while,they had plowed  the section of road, that covers all of the other owners,including the owner of the 4 parcels. I know this is long and mulitple items, but we are seeking your opinion. We are the poor sister at the end of the association road and we seem to have no recourse. We don't want anything to do with the association!!! Thanks Tom R.
    Last modified: 11 May 2011 6:59 AM | Anonymous member
  • 11 May 2011 7:01 AM
    Reply # 588616 on 588615
    Betsy Connor Bowen wrote:(Topic created by TOM and moved to separate thread by webmaster)

    We  live on a private road,that is a circle and also a section of the road,that runs off off the circle. When we bought the house in 2000, we had no road association. We have paid for plowing and repairs, without having an association. Several of the people who live above us, formed an association. The ended the need to be in the association, at my land,even though,I have a land owner,who abutts me and they have never been contacted by said road association,nor have any of the other people beyond him,which would include approx. 10 houses. The association as it stands,is made up of 7 owners,one owner owns  4 parcels. We have never wanted to be part of any association and have expressed our thoughts and concerns, to the road association members,in their meetings,via email and in person. They say,we have no choice in the matter, that we are going to be part of it,weather we want to or not. When asked about why they stopped at our house, the only answer we get is because, you use the road and have a right of way to your home. We use both sides of the road(circle)equally, as we are at the very bottom of a teardrop shaped cirlce. Is it legal, for them to just stop at my home, while ignoring all the others!? We have no problem paying for plowing, as we have done so, for 11 years. The association also failed to plow my section of the road, that allows me to acess either end safely, during the last storm of 2011, when we had 9 inches of heavy snow and slush, while the rest of the road above me was plowed. I was told,they didn't know that my section wasn't plowed, they then stated,"that we were trying to save money!" That,"I had acess,even though the road wasn't plowed!" Then,they stated,"we figured with the warm weather..it would be gone in 5 or 6 days!" Mean while,they had plowed  the section of road, that covers all of the other owners,including the owner of the 4 parcels. I know this is long and mulitple items, but we are seeking your opinion. We are the poor sister at the end of the association road and we seem to have no recourse. We don't want anything to do with the association!!! Thanks Tom R.
    TOM -- Before answering, it's important to know whether your association was formed under the Maine private ways statute or not. Was it? Check any mail you may have gotten from the association.
  • 28 Nov 2011 12:19 PM
    Reply # 761264 on 588615
    Deleted user
    We live on a private road with 8 lots.  The developer who sold us the lots promised to plow and maintain the private road, which is in our warranty deeds.  We formed a statutory road association 2 years ago.  He has now said that he no longer will be responsible for anything on the road.  Other than legal action, are there any suggestions that are out there to compel him to act?  He refuses to talk to us and will not accept certified mail.

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