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Maine Alliance for Road Associations

Road Maintenance & Insurance

  • 08 Aug 2012 10:02 PM
    Quote
    Message # 1042375
    Deleted user

    We are a Nonprofit Road Association setup in 1987.  We had an association member performing the road maintenance, ie grading, culvert replacement and general maintenance. Does he need to have insurance to perform this type of maintenance?   Does he need to be certified in erosion control as outlined by the Maine DEP and goes into effect 1/1/2013?

    Dave
  • 09 Aug 2012 1:00 PM
    Quote
    Reply # 1042959 on 1042375
    Deleted user

    We are currently addressing some of these issues in our attempt to create a statutory road association.  I think one issue is whether they are receiving some form of payment. We were told that if a member performs work on the road for payment --- even if the payment is only for expenses (gas, equipment, etc) or offsets their assessment, they would be considered a contractor and should have commercial liability insurance for their protection and the Association's.  Sorry don't have any input on your other parts of the question.  

    Vicky 
  • 10 Aug 2012 8:49 AM
    Quote
    Reply # 1043527 on 1042375
    Deleted user
    Chapter Three of the "Leadership Manual" (tab above) has a discussion of the differing needs for liability insurance for both nonprofits and associations formed under Maine statute. It is possible to be both, and nonprofits have limited immunity by virtue of being such. A recent revision to Maine law granted associations formed under the statute limited liability, too. Any association seeking liability insurance should make sure that they are not paying an insurance company to protect them against liability they do not have. 

                            The Maine Alliance for Road Associations


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