In reading the revised Private Ways statute, the clause in 3101 1. B that grandfathered paved private roads prior to 2007 has been eliminated.  Instead 'paving' appears to only apply in the limited case cited.  Our association was incorporated in 1988 and the road was first paved in the late 1990's.  A second and much better quality job was done in 2005.  We now need to remediate some issues that have developed.  The solutions we are looking at all involve some level of paving to maintain the current road surface.  Does that put us outside the statute as it is now defined?

Yes, the amendment to section 3101 was intended to expand the possibilities for maintaining pavement, not to further restrict it.  Your road would have been eligible for repairing your pavement under the old law because the pavement existed before 2007.  Your road is still eligible for repair because it was paved over 8 years ago.  The 3/4 vote is required only if installing pavement where there was none before.  (Under the old law, new pavement was prohibited.)