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Maine Alliance for Road Associations

Individuals making road repairs

  • 10 Jul 2024 4:41 PM
    Message # 13380519

    One of the members of our Statutory road association took it upon themselves to improve drainage near them by ditching and adding rip rap. The work, they maintain, cost them $1,500.

    They are now seeking to be reimbursed by the Association. As President, I've added this to the agenda for our upcoming annual meeting. Our bylaws allow an allocation to be made by the majority of members present at the meeting. The members can decide if they want to reimburse.

    The Board would also like to prevent this type of situation in the future by amending our by-laws so that people could do repairs, but need to seek approval in advance in some capacity.

    Does anyone have suggestions on what we could put into our by-laws? 

  • 11 Jul 2024 11:58 AM
    Reply # 13380836 on 13380519
    Anonymous member (Administrator)

    Put in: Members shall not provide unauthorized road maintenance and/or repair.  Members who decide to initiate road repair or maintenance will be responsible for payment of that repair and maintenance. 

    Last modified: 12 Jul 2024 5:21 AM | Anonymous member (Administrator)
  • 11 Jul 2024 1:11 PM
    Reply # 13380877 on 13380519

    This is an excellent topic. We had the same problem. Therefore we created a policy if a member wishes to do road repairs, then they must make the request to the board. The board would review the plans, and have the person sign a contract. The contract is so detailed that no one wants to sign it. If your interested to see our policy and contract, please privately message me and I will send it to you.

    Also as an interesting topic, there's a law for public easements that if someone damages the road they have to pay for the repairs. Roberta is familiar with this law and may chime in to offer more clarity as to how it works.

  • 11 Jul 2024 8:24 PM
    Reply # 13381029 on 13380519
    Anonymous member (Administrator)

    There are actually 2 statutes that address damage to a public easement.  Note that they would only apply on a road that has been designated as a public easement, not on strictly private roads.  Since theses apply to damage, I'm not sure if they would apply here, unless the repairs they did actually made the road worse.  But to follow up on the suggestion above, the statutes are 23 MRS section 3029-A and 17 MRS section 3853-D.  Here are links, if anyone wants to read them in their entirety.

    https://legislature.maine.gov/legis/statutes/23/title23sec3029-A.html  This statute allows a property owner to sue a person who damages a public easement.

    https://legislature.maine.gov/legis/statutes/17/title17sec3853-D.html  This statute makes it a Class E Crime to damage a public easement with a motor vehicle.


  • 16 Jul 2024 2:00 PM
    Reply # 13382718 on 13380519
    Anonymous member (Administrator)

    You may want to check with your Association's insurance carrier to inquire about a layperson/homeowner making road repairs. At the worst, the policy may not cover any incidents from the repairs. At the best, the homeowner's coverage may be brought in if there were any claims. It is a sticky situation with many tentacles.


  • 01 Aug 2024 2:01 PM
    Reply # 13389161 on 13380519

    This is interesting timing! A little different twist!

    There are 4 lots on our private road, with only 3 having homes. The 4th lot was either sold or the developer is building a home and will sell later, unsure. There have been huge se

    is coming in and out of the road digging up the road.  Do we get an assessment on the road repairs and send it to the builder of the 4th lot? We have taken photos and there appears to be damage that needs to be repaired.

    Thank you, Virginia


  • 01 Aug 2024 2:04 PM
    Reply # 13389165 on 13380519

    Sorry, my typing stopped! There has been a lot of traffic coming and going with semi’s and large excavators causing huge trenches in the roads.

    Thank you, Virginia

  • 02 Aug 2024 2:21 PM
    Reply # 13389570 on 13380519
    Anonymous member (Administrator)

    Good for you for taking pictures!  Keep documenting the damage, and if possible, get pictures of trucks with the contractor's logo on the side.  Any time you see something like this starting to happen, it's great if you can quickly get some "before" pictures so you can prove the extent of the damage done by that activity.

    This is the reason we added a clause to our bylaws saying that if anyone causes damage to the road beyond normal wear and tear, they are responsible for the cost of repairs.  Check your bylaws and see if they include any such clause.  If not, you may still be able to take it to Small Claims Court.

    But before you go there, I'd try approaching the contractor in as friendly a manner as possible, point out the damage, and ask politely if he has plans to repair the damage.  Try not to get confrontational, as some people have every intent of making things right until someone accuses them, and then they go whole hog in the other direction.  So start by giving him the benefit of the doubt.

                            The Maine Alliance for Road Associations


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