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Maine Alliance for Road Associations

Covenanted Road Association

  • 28 Jul 2011 3:48 PM
    Message # 665267
    Deleted user
    We are formalizing our Covenanted Road Association.  There is much discussion as to whether we are beholding to the Title 23......2: Private Ways.  There are several issues the group does not want to adopt.  The most contentious is the assessment for fees at 1% of the valuation of the property.
    Is that something we have to adhere to?

    Our covenant was put in place by the property owner when he subdivided the lots for sale.  It's been in place for several years but to date we have not collected any fees. 

  • 31 Jul 2011 10:55 AM
    Reply # 666598 on 665267
    Deleted user
    As I read it, that is a cap on expenditures, not a required expenditure, and it is also tied to the provision for hardship exclusion. JMO, YMMV
  • 01 Aug 2011 3:36 AM
    Reply # 666913 on 665267
    Anonymous member (Administrator)
    Grace Nagiecka wrote:We are formalizing our Covenanted Road Association.  There is much discussion as to whether we are beholding to the Title 23......2: Private Ways.  There are several issues the group does not want to adopt.  The most contentious is the assessment for fees at 1% of the valuation of the property.
    Is that something we have to adhere to?

    Our covenant was put in place by the property owner when he subdivided the lots for sale.  It's been in place for several years but to date we have not collected any fees. 

    You don't need to use the private ways law. On changing the fee structure, I think you need to consult an attorney. I don't know if you can do that but I suspect you may be able to find a way. 
  • 09 Aug 2011 12:02 PM
    Reply # 672423 on 665267
    Deleted user
    Thanks for your responses.  A 1% of assessed property value as a cap makes more sense....thanks for that.  Still under a covenant, it is felt by some owners that we do not have to adhere to the cap.  So road association fees are currently structured to be $600 plus a year and this with non improved properties on our road being assessed at $40,000 and below.  This with no bids shown as to road maintenance, snowplowing or repaving.  We have a long road ahead of us.

    Yes, we are trying to steer this association into seeing a lawyer about using bylaws to clarify the covenant and to fill in the loopholes it leaves.  Thanks for the confirmation that seeking legal advice is a good way to go.

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