Maine Alliance for Road Associations
Our street has 2 septic systems shared by 7 lots. Can we include the required annual mowing, as well as any other maintenance of the septic systems, as an expense for the road association?
I suspect your private road does not run directly over the top of the septic system leach beds, nor are the beds set up as speed bumps at either end.
Since the septic system is unrelated to road travel and if you plan to have a Statutory Road Association, I believe the answer is a resounding, NO.
It might be possible to administer the septic system management and maintenance with owner approval of an informal section in your by-laws. Does either a recorded Plan or owner Deeds address ownership and/or maintenance of the septic systems? If so, these written records could be referred to in the by-laws and used to guide administration. Clearly state that the maintenance fees for the septic system are not subject to the provisions and penalties set forth in the Maine Private Ways Statute, then keep assessments and collection of the septic system fees completely separate from the road maintenance fees.
Unlike the road maintenance fees, you would not be able to enforce collection of the septic system fees through 23 MRS §3104, Penalties and Process, but the above arrangement would at least keep approved responsibilities of your owners in one document.
The Maine Alliance for Road Associations