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Maine Alliance for Road Associations

Statutory vs Nonprofit association

  • 20 Sep 2021 5:44 PM
    Quote
    Message # 11104851
    Anonymous member

    Some, not all, deed covenants in our subdivision mandate that  “There shall be created a Maine corporation organized for perpetual term…….to maintain subdivision roads until the roads are accepted by the Town”.

    About five years ago we formed an Adhoc type road association, then last year we became a Statutory road association. Should our road association be the Maine Nonprofit Corporation to comply with the deeded covenants?
  • 22 Sep 2021 6:45 AM
    Quote
    Reply # 11109709 on 11104851
    Anonymous member (Administrator)

    I am not an attorney, and cannot give legal advice. Please check with a qualified legal expert before acting on what follows.

    Since not all the owners in your statutory road  association have this wording in their deeds, I don't think you need to change the name of your  current association. I suggest amending the by-laws to make it clear that all owners with this phrase in their deeds are included and that said owners agree to accept the current statutory association and by-laws.  I am not sure whether or not you need to make your current association a non-profit corporation to satisfy the deed mandates. 

    Last modified: 22 Sep 2021 1:19 PM | Anonymous member (Administrator)

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