If a road association is operating under the by laws as a non profit corporation, can an individual member sue the association if that member disagrees with the association’s decision to remove a culvert adjacent to this member’s property? 

The prime reason behind the association’s decision to remove the culvert is that the position of the culvert, and the positioning of the peach trees  inhibits the creation of a proper ditch. Presently runoff creates a fissure on the side of the road, because the water obviously cannot get off to the side of the road, as there is no ditch. 

The association received grant money from the town to take out the peach trees, remove the culvert, and install a ditch.  In this situation, the member contends that the peach trees that they chose to plant on top of the culvert, are on their property, even though this member has not taken any steps toward having an actual survey on their property.  The official road plan for the association indicates that the road is 40 feet wide .  If one measures the distance from the center of the current roadway toward this member’s property the 20 feet would extend past the peach trees, well into what the owner contends is their property.