Maine Alliance for Road Associations
Several members have asked where they can file complaint that the statutory road association is not following the PWS. They already tried the board members in past years with no changes or results. Most are out of state or live over 100 miles away and feel they have not had a voice/ vote on association matters where new business that was not on the notice of meeting was voted on and passed at meetings where only 25% or less of lots were represented. There are no by-laws that address this. They do not believe votes were legal or binding.
There is no state agency that has responsibility for enforcement of the Private Ways Statute, 23 M. R. S. §§3101 - 3104.
However, in considering §3104, Penalties and Process, if the court determines your association has not adhered to the democratic processes set forth in the Statute, then they may deny any Notices of Claim, costs of collection and attorney fees for delinquent claims you may have recorded.
Good to know
Thank You !
Andrew (Sandy) is correct that there is no state agency that has responsibility for enforcement of statutory road associations. He is also correct that a flawed process could keep a road association from being able to collect on notices of claim; however, that would necessitate the matter ending up in court.
I don't know if the Office of the Attorney General would do anything for you. I do know that they deal with consumer complaints regarding businesses, charities, and housing, but I'm not sure if a road association fits any of those categories.
Another possibility might be to seek the services of a professional Mediator. You could try the Maine Association of Mediators, or Family and Community Mediation (FCM).
The Maine Alliance for Road Associations