Menu
Log in
Log in

    



 

Maine Alliance for Road Associations

Officers

  • 20 Feb 2025 3:14 PM
    Message # 13465644

    A ten member statutory association formed over 25 years ago now has no members willing and able to serve as officers (president, treasurer, secretary).  Reasons are legitimate, ranging from health, age, in probate, prolonged sale, living outside USA.  Would hiring a professional administrator to take on the workload with member volunteers being titular officers an option?

  • 21 Feb 2025 10:31 AM
    Reply # 13465965 on 13465644

    This is a good question as I can see other groups running into similar situations.  Our Non Profit road association had no one that wanted to be president so I decided to step up for a year.

    I am not sure of the legal ramifications of hiring an administrator, but I would think that would be rather expensive.  Then would the members be willing to pay for that expense?  The cost to cover that expense would have to be outside of the association assessment's for road maintenance.  What if someone is not willing to pay for the administrator?

    Your association may be better off looking at Title 23 Section 3121.  Voting to dissolve the road association, then in lieu of any association or deeded conditions the expense for road maintenance could be equally divided between all those benefited by the private road under this law.

    Discussion with an attorney should be considered to review the options available.

  • 22 Feb 2025 10:12 AM
    Reply # 13466329 on 13465644

    Actually, Elizabeth, there is no statutory requirement to have traditional officers (president, treasurer, secretary) unless the group is also a nonprofit corporation.  Rather, those positions are likely required in the bylaws.  More importantly, there is room in the statute to accomplish what you are suggesting and the key will be the willingness of the members to both change the bylaws if necessary AND to pay for the services you desire.

    First, let’s look at the statute – Title 23 §3101.2 “Call of Meeting” the last sentence reads “Subsequent meetings may be called in the same manner or by a commissioner or board….”  Similarly, §4-A. “A road association……through its commissioner or board may address present or future repairs…..” Further, wherever the statute mentions a “board” it also mentions a “commissioner”, including the section on liability.  To carry this out, statutory associations are permitted under §5 to budget for and assess “for other costs, including, but not limited to, the cost of liability insurance for the officers, directors and owners and costs of administration.”  Would not the cost of a commissioner be an administrative cost – particularly in that you are suggesting hiring an administrator? (commissioner, administrator, Santa Claus whatever) And just think about other costs permitted under the statute:  replacing a culvert – would you do so without consulting an engineer to properly design the culvert?  Negotiate an easement “which must be recorded” – would you negotiate and record for posterity an easement over a members land without consulting an attorney and assessing for recording costs? The statute gives owners a wide array of possibilities for managing, maintaining and assessing and nothing suggests that all the effort to do so must be voluntary.  The key, as I mentioned earlier, is that the owners are willing to pay and the bylaws are accommodating.

    So let’s look at the bylaws. I suggest your bylaws be worded with enough latitude to permit owners to elect officers, or a chairperson, or appoint a commissioner as determined by a vote of the owners at its annual meeting.  So, really all you need is the willingness to use the statute as it is written and pay for the administration of your road association.

    Consider also that under §3121 SOMEONE has to contact contractors to perform maintenance and SOMEONE has to make the effort to send assessment notices and file enforcement actions with the courts and all without the clear guidance provided by statute to those willing to follow the statute. 

    Last modified: 22 Feb 2025 10:13 AM | Anonymous member
  • 22 Feb 2025 12:06 PM
    Reply # 13466372 on 13465644
    Anonymous member (Administrator)

    Excellent answer, Ray.  I was thinking along the same lines.  I believe hiring someone would qualify as a " cost of administration," allowed under 23 MRS section 3101 paragraph 5.  As for what officers are required, the same paragraph says that the members "may choose a commissioner or board."  It does not say they must.  

    I've been thinking lately that with people being busier and busier, it's getting harder and harder to find people who are willing to take on the duties of officers for organizations.  I think someone could make a good business out of just fulfilling the administrative needs of organizations - although for liability purposes I don't know what sort of credentials or insurance they would need.  They should at least make sure the association has insurance that would cover them.

                            The Maine Alliance for Road Associations


Powered by Wild Apricot Membership Software