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Maine Alliance for Road Associations

no answers that pertain to our situation/// we need help please

  • 24 Sep 2011 1:33 PM
    Message # 707512
    Deleted user

    I do not think I worded our problem correctly the first time I asked for help. I will try again. Many thanks to anyone who can help.

    We have one long private road with 26 lots. I'll call it *road A*. We also have a short road that is attached about 1/3 the way down *road A* that I will call *road B*. *Road A* wraps to the right side of the pond. *Road B* wraps to the left of the pond. Both roads are on the water. *Road B* has only 5 lots but does have the right to use *road A* because it's the only acess in & out to *Road B*. There is also a right-of-way for the boat ramp at the end of *road B*.

    1.)Can a statutory Road Association be created for *road A & B* combined?

    2.)If *road A* has a statutory road association without including *road B* can they collect dues from *road B* for the portion of the road use? So *road B* would have to pay for their own association and for acess in & out on the other road?

     

  • 24 Sep 2011 10:29 PM
    Reply # 707687 on 707512
    Deleted user
    I'm afraid the answers remain the same. I do not believe that a single statutory association can encompass parcels which do not share a common interest in all roads under the association's jurisdiction.  So, as for (1), I think the answer is no.

    As for (2), yes. You can have a statutory association for the maintenance of road A which includes all of the parcels on A and B, and a second association for the maintenance of road B which includes only those parcels on road B.

  • 25 Sep 2011 6:03 PM
    Reply # 708145 on 707687
    Deleted user
    Todd Tolhurst wrote:I'm afraid the answers remain the same. I do not believe that a single statutory association can encompass parcels which do not share a common interest in all roads under the association's jurisdiction.  So, as for (1), I think the answer is no.

    As for (2), yes. You can have a statutory association for the maintenance of road A which includes all of the parcels on A and B, and a second association for the maintenance of road B which includes only those parcels on road B.


    It does not seem fair that 5 lot owners on Road B  who have a deeded right of way toget to their road would have to pay for 2 road association fees. When Road A only pays for one. Here's the other negative. Road A also has deeded right of way to the end of road B for use as a boat launch/ramp & road A does not have to pay for upkeep? Is this correct?
  • 25 Sep 2011 6:27 PM
    Reply # 708151 on 708145
    Deleted user
    Marc Levine wrote:It does not seem fair that 5 lot owners on Road B  who have a deeded right of way toget to their road would have to pay for 2 road association fees. When Road A only pays for one. Here's the other negative. Road A also has deeded right of way to the end of road B for use as a boat launch/ramp & road A does not have to pay for upkeep? Is this correct?

    Well, now, that's a new bit of information.  You are saying that all parcels on Road A have deeded access to Road B? If that's the case, and all parcels on Road B have deeded access to Road A as well, then I think you could have a single statutory road association.

  • 02 Oct 2012 8:05 PM
    Reply # 1091822 on 707512
    Deleted user
    Hi,

    We have had an informal road association for several years and are in the process of forming a more formal association.  This discussion left me confused about whether or not we can form one road association or need to form two.

    We have two camp roads coming down from the paved road which connect at the lake.  There are 8 houses on the left road as you look toward the roads from the lake, and 5 houses on the right road.  From above, the two camp roads form the letter U with the 8 houses along the bottom edge, along the lake, (Lake Rd 1) but the remaining 5 houses are on another road which begins at the right bottom corner of the U and also continues along the lake (Lake Rd 2).  So the roads look like this - UL, except the 2 vertical lines on the right side represent one road. ("Road B").  The vertical line that comes down from the paved road on the left is Road A.

    All of the property owners on Lake Rd 2 and some of the the owners on Lake Rd 1 use Road B primarily.  The tenants on Lake Rd 2 use Road A very infrequently. 

    In terms of deeded access, the deeds for the homes on Road B merely state that they are granted a right of user in common of the private road leading to said lot, which leads from the paved road. 

    The question is can we form one road association?  My second question is do you have to form a statutory road association in order to enforce non-payment by recording a lien?

    Thanks for your help.  I hope you can understand my description.  It would be easier if I could attach a map.



     

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