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Maine Alliance for Road Associations

Road maintenance agreement

  • 10 Sep 2024 10:34 AM
    Message # 13405075

    Background:

    3 Owners on my road, (with 11 lot owners) went through the process of petitioning to meet with the goal of creating a statutory road association.

    The meeting took place, but the creation of this association was voted down by the majority. 

    The lawyer representing the 3 petitioners suggested that we still create a road maintenance agreement.  Some thoughts were suggested and voted on, as to what should be in the agreement.  

    The lawyer created this as a document which was initially only distributed to the petitioners to review.  They had the document modified (through a back and forth dialogue with the lawyer) before anyone else residing on the road having read it.   Ultimately it was sent to the group once they determined it was what they wanted.  They opened it up for others to review and request modifications. 

    I sent my thoughts and modifications, which were met with resistance and to which their lawyer stated: "At this point you don’t have an agreement." and "Once you can tell me there is an agreement, I will revise the written agreement to reflect that.  I have already made multiple revisions, at no charge." (the revisions mentioned here were unknown to any but the 3 petitioners).

    Since then there was radio silence.  No further communication from the petitioners to myself or anyone on the road that I am aware of.  I received no further modified copy of the agreement.

    Today:

    Earlier this week I found that the leader of the petitioners, modified the only version of the agreement that I'd ever received and recorded it with the Registry of Deeds three months after I'd received it, naming all property owners on the road as being in agreement to it.

    I have emailed the person who registered this document asking that they register a nullification as I was not in agreement and had never seen this altered iteration of the registered document until I pulled it from my county's registry.  They have not replied.  

    Questions: 

    First am I beholden to an agreement which I never received or signed off on, as it references my property and deed and any heirs to which I assign to be tied to it?  (Again we have no road association, statutory or otherwise).

    It seems that this person submitted a fraudulent document to the Registry of Deeds, against my real property.  Can I report this to the police, my interpretation based on Sec. 3. 17-A MRSA §706-B is that this registration constitutes a class B crime?

    What are my other options, as it seems like this group did not get what they wanted and went rogue by registering this agreement?

    Thank you

    Last modified: 10 Sep 2024 12:24 PM | Anonymous member
  • 10 Sep 2024 5:58 PM
    Reply # 13405272 on 13405075
    Anonymous member (Administrator)

    I believe you mean section 706-A, and if that applies it would make it a Class D crime, not class B.  But before you add fuel to the fire, please consider the following:

    I would strongly suggest that the bunch of you look into hiring a professional Mediator, as it looks like it's going to take some skillful negotiation to get anything approaching an agreement from everyone.  The Maine Association of Mediators can help you find someone.  MARA has had mediator trainer Leah Boyd from Clarity Services do a couple of workshops for us on skills for de-fusing disputes.  She specializes in group mediations, and is skilled at getting people to listen to each other's concerns and find common ground.   Without that kind of outside help, it looks to me like there won't be much hope of getting an agreement, as there are evidently already hard feelings.

  • 11 Sep 2024 11:00 AM
    Reply # 13405450 on 13405075

    Hi Roberta, 

    No I mean what I stated 706-B

    Sec. 3. 17-A MRSA §706-B is enacted to read:

    §706-B. Recording fraudulent instrument with register of deeds

    1. A person is guilty of recording a fraudulent instrument with a register of deeds if:

    A. The person knowingly or intentionally records or attempts to record with a register of deeds a false deed, mortgage, lien or any other instrument for which the law provides public recording;

    B. In the process of recording with a register of deeds a deed, mortgage, lien or any other instrument for which the law provides public recording, the person knowingly or intentionally provides to a register of deeds false information in respect to a material fact pertaining to the instrument the person seeks to record; or

    C. In the process of recording with a register of deeds a deed, mortgage, lien or any other instrument for which the law provides public recording, the person, who is not the true owner of the real property affected by the instrument the person seeks to record or the authorized agent of the true owner, knowingly or intentionally misrepresents the person's identity in an attempt to impersonate the true owner or the true owner's authorized agent.

    2. Violation of this section is a Class B crime.

    And the party who registered this agreement did so without even disclosing what was in it.  After altering the only copy I had received and after I had explicitly not agreed to it.  


    Last modified: 11 Sep 2024 11:01 AM | Anonymous member
  • 12 Sep 2024 11:28 AM
    Reply # 13405904 on 13405075
    Anonymous member (Administrator)

    That's really odd - I cannot find section 706-B on the Legislature's Statute Search page.  Is it brand new, passed just this year?  It takes a while for new laws to get posted.  I also tried searching for it on the bill search page and on the list of new legislation, but couldn't find it there, either.  Maybe I wasn't using the right search terms.  Can you provide a link to where you found it?  Thanks!

  • 19 Sep 2024 12:15 PM
    Reply # 13408534 on 13405075

    Yes Feb of this year.


    https://legislature.maine.gov/backend/App/services/getDocument.aspx?documentId=105536

  • 24 Sep 2024 9:32 AM
    Reply # 13410295 on 13405075
    Anonymous member (Administrator)

    Thank you.  The LD number allowed me to find it on the Legislative Bill Search website.  It appears that was never finally voted on by the full legislature, and was carried over to complete next session. 

    Last Senate Action 5/10/2024 -  CARRIED OVER, in the same posture, to any special session of the 131st Legislature, pursuant to Joint Order HP 1482.

    https://legislature.maine.gov/LawMakerWeb/summary.asp?ID=280092179

    Here is the full list of actions on that bill.  February is when it was referred to the Judiciary Committee.  

    https://legislature.maine.gov/LawMakerWeb/dockets.asp?ID=280092179  

    After it has a hearing and a work session before the Committee, they vote on it, and then it has to go to both the House and the Senate for review.  It may bounce back and forth between them if any amendments are proposed, before each takes a final vote on it.  Then if both the House and Senate approve it, it has to go to the Governor for her signature.  If she doesn't either sign it or veto it within ten days, it becomes law without her signature.  It appears this bill got stalled on its second trip to the Senate - perhaps it looked like they would not be able to get the 2/3 approval required as emergency legislation, so they tabled it to finish next session.

    Last modified: 25 Sep 2024 10:04 AM | Anonymous member (Administrator)

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