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Maine Alliance for Road Associations

Plow and road fees

  • 16 Apr 2025 9:31 AM
    Message # 13488039
    Hello 


    I have questions in regard to the road association.

    First, off they only have part of the road covered with the association not the entire road to where my address is and I'm expected to pay annual road dues. 


    Second, I only use the road during late spring to fall and I am expected to pay for plowing. I shut my home down in the winter. 


    What are my rights in regard to these topics?


  • 17 Apr 2025 3:12 PM
    Reply # 13488726 on 13488039

    Let's see if we can start this discussion on the correct foot.  It may take some time but stay with us.   First and foremost is to turn to the association's bylaws.  That will identify the type of association and should contain the exact description of the parcels covered.  If you do not have a copy ask for one.  

    If the association has recorded documents perhaps we can do a search to find out how the association was founded. Or your deed may make mention, we can use your MARA membership info to search deeds to see if an association is mentioned.  Neither of those sources, however, will contain bylaws so do obtain a copy.

    Identifying the type of association is critical.  If it is voluntary with no formal obligation for owners to contribute then you may be covered by a recently passed state statute which requires owners along private roads to contribute equally toward road maintenance. So sharing equally in the cost is required after "reasonable due process and notice..... for reasonable and necessary repairs and maintenance" and paying owners can make a legal claim against nonpaying owners.   

    If your's is a statutory association or otherwise mandated by deed or easement restrictions then examining the founding documents is a must and getting a copy of the bylaws, if any, is essential.  

    So, back to you to get started on the research. Stay in touch.

    Last modified: 17 Apr 2025 3:16 PM | Anonymous member
  • 18 Apr 2025 1:05 PM
    Reply # 13489077 on 13488039
    Anonymous member (Administrator)

    I agree that the first step is to find out what kind of road association you have, and to obtain a copy of its bylaws if any. 

    The recent statute Ray refers to is 23 MRS section 3121, which says that if there is no formal road association or road maintenance agreement, each residential property owner shall share equally in the cost of maintenance.  In my mind, that's a good reason for forming a Statutory road association under 23 MRS sections 3101-3104, which allows the members more flexibility to decide how the costs shall be divided.  Some associations do charge a lower fee for seasonal camps than for year-round residences.  Others charge the same amount whether a lot is seasonal, year-round, or even undeveloped.  And there are some legitimate advantages to having the road plowed, even if you do not use it in winter.

    The theory is that even if you do not use the road in winter, the fact that the road is kept plowed means that you could use it any time if you decided to do so.  You might want to allow a friend or relative to come up for a weekend of skiing, snowmobiling, or ice fishing.  If you should decide in the future to winterize your camp and move in full time, you would then benefit from whatever improvements the association may have made in the road, so it would be unfair to those who paid for those improvements if you did not share in that cost. 

    Also, the fact that the road is kept open means that if there should be a fire at your camp, or if a tree came down on it, emergency services could get there within a reasonable response time.  Some road associations have a neighborhood watch program, which allows others to keep an eye on your camp when you are not there - but only if they can get to it.

    You say, "they only have part of the road covered with the association not the entire road to where my address is."  If it turns out you have a statutory road association, under section 3101, Paragraph 2, "the owners of all the parcels benefited by the private road" are to be notified of meetings and be paying members of the association.  Even if the other homes are in a subdivision and you are outside that subdivision, the fact that you use the road for access means you should expect to share in the cost of keeping the road through the subdivision passable for your use.  Otherwise you would be like the person who borrows your car and returns it with an empty gas tank.  So as Ray said, you really need to find out what kind of association you have, as that will determine your rights and responsibilities.

    There are links to the statutes I mentioned on the Resources page.

                            The Maine Alliance for Road Associations


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