Establishing a set of by-laws for a statutory road association
I would again like to thank the respondents of my previous posts as they were all very helpful.
Regarding this post, As background, our road association was formed in 1986 and operated as an informal road association up until 2016. The only governing document was a Road Maintenance Agreement (the ‘RMA’). The RMA states, “ This agreement is incorporated into and made a part of a certain purchase and sales agreement of even date, which is herewith attached.” After considerable research of the County Registry records, member deeds and Town records, it was found that the RMA was never recorded in any of the aforementioned locations/documents and therefore, would be of little help if the Association ever had to pursue legally. So, after 30-years of operating informally, the Association decided to upgrade to a statutory form of association in 2016, but with no by-laws and a useless RMA.
As the Association President, I am in the process of forming a By-laws Committee for the purpose of forming a set of by-laws to bring to the Association membership for approval. However, I have since found that not all members were sent the original Warrant and Notice of Meeting as required by MRSA, Title 23; 3101-4 and I am now questioning the validity of our statutory status. Now for my questions: Would forming a set of by-laws be pre-mature if the Association statutory formation was not done properly? I am guessing that the Warrant/Notice of Meeting will now need to be re-sent as required.