Our small association has 26 members, who own 26 lots. According to our by-laws its purpose is "... to maintain the private way known as ... for the benefit of the members as hereinafter defined, and for all other purposes permitted under 13-B M.R.S.A. Said maintenance shall include repairs, snow removal, and other actions pursuant to the Private Ways Act, 23 M.R.S.A..

The town we live in also owns a lot but, has refused to become a member and therefore in the past has not been assessed annual dues. Membership in our association is defined in our by-laws as follows: "There shall be a single class of members, which shall consist of all persons who own a fee or undivided fee interest in one or more lots in the ... Subdivision in the Town of ... and all persons who own a fee or undivided fee interest in one or more lots accessed through the ... Subdivision and/or through the private way known as ...as may be approved by the Association, ... Each of said lot owners, ... shall be a member of the Association."

I have the following questions:

Are municipalities by their very nature as public entities by definition exempt from being a member of an association that maintains a private way?

Does the definition of "member" in our by-laws as "all PERSONS" make it impossible for our town to become a dues paying member of our association?

Does our association have any leverage to make our town a member?

I should also mention that in the warranty deed the Patten Corporation as he former landowner in 1988 "grants to the Inhabitants of the Town of ... a body politic in ... with warranty covenants ..." . Through the lot the town owns the public is given access to Flat Bay.

I am asking anyone, who is/was facing a situation like ours or is otherwise familiar with our issue, for comments and/or legal advice. Thank you.