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Maine Alliance for Road Associations

APPLICATION TO NOTARY PUBLIC

  • 28 Mar 2021 11:02 AM
    Message # 10244376

    I will be sending the Application to Notary Public later this year and 30-days prior to our annual meeting date of August 7 and would appreciate a point of clarification.   The Notice calls for the signatures of at least three owners. My question, in the case of joint tenants, husband and wife for example,or tenants in common, say, two brothers, does the form require both signatures on each example?  The samples supplied in the Resources page appears to require the signature of only one of the lot owners in  jointly held properties. 


    More specifically, of our three lots, two are owned by two diferent husband/wife and the third lot is held by two brothers.  Do I need six signatures or three?  Thank you.     

  • 29 Mar 2021 7:00 AM
    Reply # 10248015 on 10244376
    Anonymous member (Administrator)

    Just three signatures are required.

    The Private Ways Statute, Section 3101, states: "...the owners of any 3 or more of the parcels, as long as at least 3 of the parcels are owned by different persons, may make written application to a notary public to call a meeting." 

    The wording does seem to imply that all owners of a given parcel must sign. On our notary application to call of meeting, however, our attorney required only one owner signature from each of three parcels owned by different persons. I think of this as similar to "one vote per parcel". Any owner from a parcel may speak (vote, sign) for that parcel.

    Last modified: 29 Mar 2021 7:03 AM | Anonymous member (Administrator)
  • 29 Mar 2021 8:56 AM
    Reply # 10248365 on 10244376
    Anonymous member (Administrator)

    I agree.  When there are two owners of a parcel, only one gets to vote on behalf of that parcel, unless the bylaws specify that both may vote.  Since you won't have bylaws before your first meeting, the "default" position of one vote per parcel would be in effect, and I believe that would carry over to one person per parcel being able to sign the initial paperwork.

  • 29 Mar 2021 10:30 AM
    Reply # 10248657 on 10244376

    I would like clarification. Is this application to Notary required for every annual meeting or just the first one?

  • 29 Mar 2021 1:49 PM
    Reply # 10249484 on 10244376

    Sandy and Roberta, Again, thank you both.  Chuck Miller

  • 30 Mar 2021 6:34 AM
    Reply # 10252193 on 10244376

    Wayne, Will this be a new Association forming?  Or is this a regulation that I am not aware of for every Annual meeting?

  • 30 Mar 2021 6:45 AM
    Reply # 10252211 on 10244376
    Anonymous member (Administrator)

    The notary application is required for the initial call to meeting only --the meeting for the purpose of forming the statutory road association.

    Subsequent annual or special meetings must be called in a similar fashion (30 days advance notice, etc.) without notary application by the president or board or according to your by-laws. We have an "emergency" provision in our by-laws that allows polling a majority of owners to assess funds for repair if the road is rendered dangerous or impassible.

    Last modified: 05 Apr 2021 12:59 PM | Anonymous member (Administrator)
  • 30 Mar 2021 1:31 PM
    Reply # 10253286 on 10244376
    Anonymous member (Administrator)

    Yes, Sandy is correct.  Notary is only required for the initial meeting, called to form the road association.  Subsequent meetings need 30 days' notice, but no notary required.

  • 30 Mar 2021 9:33 PM
    Reply # 10254588 on 10244376

    Thank you, that is what I thought.

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