Maine Alliance for Road Associations
I live on a private dead end road. There are two road associations on this road. A developer purchased a large parcel of land at the end of the dead end. He hired a logging company to cut and haul wood. They went back and forth hundreds of times over the road with their heavy logging trucks and damaged the road. Now they want us to help pay for part of the repair. We (the other homeowners) are saying NO. Who is responsible for the repair?
I can't give you a definite answer without knowing more about the situation.
1) Are the road associations established as "statutory" road associations under 23 MRSA 3101, or are they non-profit, or are they "informal" road associations?
2) Do the road associations have bylaws, and if so, what do the bylaws say about this sort of thing (if anything?)
3) Are there any restrictions on the deeds, especially the deed to the development property?
I am not an attorney, so I am not allowed to give legal advice or interpret law, but I can tell you where to look for laws that might apply. Also, you can contact Maine ROADWays through private email at firstname.lastname@example.org if you need help finding the above information.
We have a By-Law that states that if the road is damaged by any member of the association or their contractor, then that member is responsible to bring the road back to the condition it was in prior to the damage. They can get their contractor to fix it, or do it themselves, but it is the member's responsibility
Dennis - Good answer. That's why I was hoping to find out if the questioner's road association is statutory or has bylaws that address the issue. Our road association has a similar provision - that if a member damages the road, that member must pay to repair the damage. Our bylaws also allow the road association to hire someone to do the repair, and bill the member as part of his assessment. Of course if they refuse to pay, it would then have to go through the "notice of claim" process which is available to Statutory road associations.
The Maine Alliance for Road Associations