Log in

    



 

Maine Alliance for Road Associations

two roads that merger but can not agree

  • 19 Sep 2011 8:45 PM
    Message # 703721
    Deleted user
    Our road is in the shape of a "Y". At the fork in the road the right side stays with the same name, but the left side has a different street name. Can they have separate associations? Both have to use the same part of one road to leave the area. The right side has over 20 lot owners, while the left only has 5. The left side has been ignored in the past and nothing is being done to correct their problems. How can this be fixed in a Statutory Road Association?  
  • 19 Sep 2011 11:55 PM
    Reply # 703989 on 703721
    Deleted user
    Marc Levine wrote:Our road is in the shape of a "Y". At the fork in the road the right side stays with the same name, but the left side has a different street name. Can they have separate associations? Both have to use the same part of one road to leave the area. The right side has over 20 lot owners, while the left only has 5. The left side has been ignored in the past and nothing is being done to correct their problems. How can this be fixed in a Statutory Road Association?  


    The way I read the law, I don't think a single statutory association can maintain two distinct roads.

    The law allows a statutory association to be formed by the majority vote of owners of parcels "benefited by a private road, private way or bridge as an easement or by fee ownership".  In your situation, owners of parcels on the right fork may not have any right to use the left fork, and vice versa.  Lacking the benefit of an easement or ownership in the opposite fork, those owners cannot be members of an association responsible for maintenance of that fork.

    You'll need two (or possibly three, if there are parcels served only by the root of the 'Y') statutory associations to cover your situation.  Of course, there are other forms of road associations that could work in your situation, but they will require unanimous consent of all parcel owners.

                            The Maine Alliance for Road Associations


Powered by Wild Apricot Membership Software