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Maine Alliance for Road Associations

Cliff Goodall on road association call to meeting format

  • 07 Jun 2013 6:48 PM
    Quote
    Message # 1312061
    Anonymous member
    Attorney Goodall wrote:

    "This requires a printed  budget consisting of the various items that generates a total which is then used to determine the assessments for each owner based on the formula used. It can be voted on by line item or just the total. That depends on the bylaws or past practice. The budget items to be voted on can be estimates. There could also be a contingency budget item to give some flexibility.  If there is nothing to the contrary in the bylaws, the directors can move money around between budget lines but not change the total budget. Any surplus roles over to the next year and reduces that year's assessments. If during the year there is not enough in the budget, a special meeting can be called to make supplemental assessments. The intended function of this requirement is to provide information  about how the assessments are calculated and used for.

    1. The notice needs to have at least an estimate or range with a high and low amount. That is the job for the commissioner and directors. The owners must get notice of what the costs might be. Think town meeting warrants. The contract can come later.
    Again estimates work. for calling the meeting.

    2. The notice of the meeting must have dollar figures.   For example:

                                                                               Budget:  Estimates

                                                                              Summer maintenance                           $xxxxx
                                                                              Winter maintenance                               $xxxxx
                                                                              Insurance                                                  $xxxxx
                                                                               Administration                                         $xxxxx
                                                                              Contingency                                            $xxxxx
                                                                                                                          Total              $xxxxx

    >>>end>>>>>
  • 03 Aug 2013 9:17 AM
    Quote
    Reply # 1357552 on 1312061
    Anonymous member
    Title 23, section 3101. previously had the following language in B.3.:
     

    "3. E-mail.  E-mail may be used as an alternative to United States mail for sending notices and other materials under this section with the agreement of the receiving party as long as the communication includes the current address and telephone number of the sender for purposes of verification.

    [ 2007, c. 625, §1 (NEW) .]"

    Did we lose the E-Mail option with the passage of LD 1356?

    It was certainly much easier to use email than mailing by USPS to all members. It has been relatively easy for me to know which of our 32 members have email and who doesn't.

     
  • 04 Aug 2013 1:40 PM
    Quote
    Reply # 1358178 on 1312061
    Anonymous member
    No, we didn't. What might lead you to believe so? 


  • 05 Aug 2013 4:30 PM
    Quote
    Reply # 1359050 on 1312061
    Anonymous member

    The information I had regarding LD 1356 was that the following was voted and passed by the 126th.

    Sec. 2. 23 MRSA §3101, sub-§2, as amended by PL 2009, c. 239, §1, is further

    amended to read:

    2. Call of meeting. When 4 or more parcels of land are benefited by a private road,

    private way or bridge as an easement or by fee ownership of the private road, private way........

    Sec. 3. 23 MRSA §3101, sub-§4, as enacted by PL 2007, c. 625, §1, is amended

    to read:

    4. Voting. Each parcel of land benefited by a private road, private way or bridge

    represents one vote under this section; except that, if the bylaws of the association

    authorize more than one vote, then each parcel may represent no more than 2 votes under

    this subsection. The call to a meeting may state that an owner may elect in writing to

    appoint another owner to vote in the owner's stead. Owners voting by absentee ballot

    must be polled on all voting items that were not included in the agenda and the final tally

    must be reported to the owners.

    It appeared to me that the following was left out:

    3. E-mail.  E-mail may be used as an alternative to United States mail for sending notices and other materials under this section with the agreement of the receiving party as long as the communication includes the current address and telephone number of the sender for purposes of verification.

    [ 2007, c. 625, §1 (NEW) .]

     

    If the E-mail option remains I am happy. We can wait until the bill becomes effective law on Oct. 9, 2013 I guess we'll know for sure. Thanks. (P.S. Couldn't get these last two sentences to print in black.)

     

     

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