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Maine Alliance for Road Associations

audit of non-statutory association

  • 27 May 2023 4:27 PM
    Message # 13207411

    No budget to vote on ?  Send in your money the board will decide what to spend it on. Money to board member lawyer for private lawsuit. Money for board member equipment repair. Money for volunteer's equipment repair put under maintenance. All with no association wide vote or notice. Board threat of interest and leins if you do not pay what they decided at a short notice meeting half the association did not know about.  DEP says association causing enviromental damage with inappropriate road maintenance but land owner is responsible if not repaired. DEP will talk to board.  Many members not paying out of disgust. Can we get an audit if board refuses to do it?


  • 05 Jun 2023 3:29 PM
    Reply # 13210873 on 13207411
    Anonymous member (Administrator)

    Hi Charles,

    Does your non-statutory association have by-laws that define the requirements for an annual meeting/dues for expenses? 


    Last modified: 11 Jul 2023 7:55 AM | Anonymous member (Administrator)
  • 05 Jun 2023 7:55 PM
    Reply # 13211024 on 13207411
    I was director 2022 and tried to convince the membership to follow title 23 private ways act for warrant, budget, and voting .  Failed on all counts. So answer is no.  
    Last modified: 08 Jun 2023 5:50 AM | Anonymous member (Administrator)
  • 06 Jun 2023 11:32 AM
    Reply # 13211381 on 13207411
    Anonymous member (Administrator)

    Perhaps you could try to find two other members who would agree to going through the process of calling an initial meeting for forming a Statutory Road Association.  Do you think if you called such a meeting, and perhaps had someone come to explain how it works to those members who show up, possibly you could get one established?  It sounds like the current association is unenforceable, and with members figuring that out, chances are that soon you will not have enough dues coming in to cover expenses.  (I speak from experience.)  Those who are no longer paying may be your best allies, as it sounds like they are objecting to the lack of accountability.

  • 06 Jun 2023 12:43 PM
    Reply # 13211436 on 13207411
    Yes ! Several members, especially  five of the eight that are year round  out of thirty five parcels, have expressed interest. Out of the other three two leave for mudseason and the other does not want an association. Problem is do we need to first dissolve the non-statuatory one?

    Last modified: 08 Jun 2023 5:49 AM | Anonymous member (Administrator)
  • 07 Jun 2023 6:32 AM
    Reply # 13211825 on 13207411
    Anonymous member (Administrator)

    A sample warrant may be found at Appendix B at the following link on our Resources Page:

    Guide to Forming Road Associations.DEP.2020.pdf

    Last modified: 07 Jun 2023 9:52 AM | Anonymous member (Administrator)
  • 07 Jun 2023 9:50 AM
    Reply # 13211948 on 13207411
    Anonymous member (Administrator)

    Hi Charles,

    Just a point of clarification. You do not need to dissolve your non-profit corporation road association in order to become a statutory road association.


    Last modified: 11 Jul 2023 7:55 AM | Anonymous member (Administrator)
  • 08 Jun 2023 8:42 AM
    Reply # 13212465 on 13207411
    Anonymous member (Administrator)

    Erin - good point, but if the current association is having such problems, would it be better to start over with a clean slate?  I was thinking the current association was voluntary, not a non-profit, but I could be wrong, and there are many associations that operate as both non-profit and statutory.

  • 08 Jun 2023 1:03 PM
    Reply # 13212643 on 13207411

    Road Association claims to be following private ways act as a statutory road association.   Have had no association vote on draft of new by-laws . Just received Warrant #1 call to order. 2.approval of June and July 2022 minutes. 3.board report TBD 4. old busiess-none. 5. new business A.maintenance B. assessments stay same-$175-( I should note here never association wide vote on this at last meeting.) C. set next meeting date and location. D. election of board members. 6. adjourment.( again they will say members can vote by proxy or request a ballot.)  Does anyone, besides me, see a problem with this? 


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