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Maine Alliance for Road Associations

Meeting and vote notification

  • 21 Oct 2024 6:51 PM
    Message # 13421699

    What are the expectations for meeting notice and votes after the first meeting? Does an email saying meeting at this location day time comply with the statute? Bylaws refer to statute. 

  • 22 Oct 2024 9:04 AM
    Reply # 13421888 on 13421699
    Anonymous member (Administrator)

    I encourage you to identify yourself to our other members whenever possible. The nature of your questions do not seem to me to expose you to undesirable scrutiny.  Also, please provide enough detail to make your circumstance and questions clear.

    Did you just recently have an organizational meeting to form a statutory road association?  Do you have written permission from each owner to receive email notices and materials? You will need that to use anything other than USPS at the owner's address of record at the Town Hall to notify your owners. What do your By-laws say with reference to the Statutes? You will need to provide the results of all votes to the owners.

    Last modified: 22 Oct 2024 9:25 AM | Anonymous member (Administrator)
  • 22 Oct 2024 12:32 PM
    Reply # 13422022 on 13421699
    Anonymous member (Administrator)

    As the attorneys at MARA's annual conference always remind us, to stay out of trouble, read the statutes and follow them to the letter.  Here is a link to 23 MRS section 3101, which spells out what is required for calling a meeting:  https://legislature.maine.gov/legis/statutes/23/title23sec3101.html

    In particular, note paragraphs 2 and 3.  After the initial meeting, it's no longer necessary to have the meeting called by a Notary.  However, I believe the other requirements still apply - that is, there should be "written notice setting forth the time, place and purpose of the meeting.  Copies of the warrant or similar written notice must be mailed by means of the United States Postal Service to the owners of all the parcels benefited by the private road, private way or bridge at the addresses set forth in the municipal tax records at least 30 days before the date of the meeting. The notice must inform the owners of the planned meeting's agenda and specify all items to be voted on, including, but not limited to, all proposed budget items or amendments that will determine the amount of money to be paid by each owner pursuant to subsection 5. Subsequent meetings may be called in the same manner or by a commissioner or board appointed at a previous meeting pursuant to subsection 5. "

    Also,  under paragraph 3, "E-mail may be used as an alternative to United States mail for sending notices and other materials under this section with the agreement of the receiving party as long as the communication includes the current address and telephone number of the sender for purposes of verification."  

  • 22 Oct 2024 10:08 PM
    Reply # 13422307 on 13421699

    The road association has been around for more than 11 years. The bylaws were registered at the rod in 2018 but they were ratified more than 11 yrs ago. I'm asking this question because I'm trying to understand if the bylaws are being followed. At the last meeting the president said the voting rules of 1 vote per membership were not being followed and and this was left out of the meeting notes. When we asked for updates to the notes we were ignored for 25 days leading us to email the entire group of owners. After that they made excuses and tried to reframe the discussion and we were told if we expect a reply we need to give them a deadline.  They leave alot of discussion out of the notes things that matter. And I suspect they are not following the notice rules either because all we get is an email saying meeting location, date time. Then we go to the meeting. Dues are set by motion and voted on and then money for maintenance is decided by motion. They amassed 17k in the account. There is no budget or vote notification and the most recent  meeting call was an email saying we are discussing quotes and next steps for road work that turned into a vote for a special assessment that was 1000% more than we normally pay and on top of what we already paid in the summer.  We have always paid and never asked questions we thought it was all good.  but this recent situation has us asking alot of questions about what is going on here. We asked them to open the books as per the bylaws give them 5 days and we were ignored. The bylaws need to be followed not just when it's convenient. They formalized this so they could enforce dues but it seems they prefer to to do what they want otherwise. Im trying to understand what the standard is and I don't have any resources other than this site.  Thanks

    Last modified: 23 Oct 2024 6:36 AM | Anonymous member
  • 23 Oct 2024 10:07 AM
    Reply # 13422472 on 13421699
    Anonymous member (Administrator)

    One question I would have on the assessment.  You say it increased by 1,000% over what you usually pay, on top of what you have already paid.  Under 23 MRS section 3102, "The commissioner's or board's apportioning of the cost of repairs to the road undertaken pursuant to the provisions of section 3101 may not exceed 1% of an individual owner's municipal property valuation in any calendar year. "

    That means that, for example, if your assessment is set at $300 per year and someone owns an  undeveloped lot that the municipality values at $29,000, that owner can only be charged a $290 assessment for the whole year.  I don't know what your assessments were, or what your property value is, but you might want to do some checking in the Town's tax commitment books (which most towns have online) and see if your or anyone else's municipal value puts your road association's total assessment for the year over the 1% limit.

    As for notice of the meeting, anything as major as a 1,000% increase in assessments should certainly be listed on the Agenda and sent out with the meeting notice.  Otherwise, those who would have strong opposition wouldn't know it was important for them to attend the meeting.

  • 23 Oct 2024 1:53 PM
    Reply # 13422602 on 13421699

    Thats really what i was thinking too. People didnt know this was going to happen. Also they demanded immediate payment. And there is nothing in the bylaws with a timeline but the statute says 90 deliquent. Most of the lots are shorefront so the value is high. So we don't top that 1%. however we never read the statute or paid much attention until this happened. We were handed the bylaws when we bought the place.  So now that this happened and we started digging we are seeing that they are just doing what they want but still want to maintain enforcement capabilities. There are other additional questions about fairness of of assessment specifically those similarly situated are similarly assessed and a few other things but that's really getting into the weeds it's a complicated story. Alot of things being done to obfuscate and protect. Bylaws have not been updated since they were enacted more than a decade ago. Officers either dont know the statute or the bylaws which seems odd or they know and ignore it. I don't understand how they think they can just get away with it.  Our goal is not to get out of our fair share but to let them know that we will not be steamrolled and just go along with whatever scheme they are concocting. It's really disappointing to have to deal with this. Its like a psychology experiment and you can observe just how people react when bullied and guilted and you are standing on your own. Thanks for all your suggestions.



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