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Maine Alliance for Road Associations

Private Road Association vs. Homeowners Association

  • 10 Jun 2026 6:03 PM
    Message # 13641635

    Our Maine Private Road Association will be discussing landowners ability to rent out their cabin/camp.  Does anyone have any experience in this topic?  Is there a difference between a Private Road Association and a Homeowners Association?  My understanding as that the Private Road Association is a means to collect money for, and then perform, road repairs.  From what I have read in the forum, it seems we could set bylaws that could charge someone who rents out property more than someone who does not.  What is unclear is whether the Private Road Association can forbid landowners from this type of use of their property.  Does that seem possible?  Would we have to form a Homeowners Association to be any more restrictive than how we collect money to repair the road?

  • 11 Jun 2026 11:24 AM
    Reply # 13641872 on 13641635
    Anonymous member (Administrator)

    You are correct that a Statutory Road Association is for road maintenance only.  A Homeowner's Association or a Non-Profit Road Association can spend its funds on other things like maintaining a dock or beach area.  You are also correct that a Statutory Road Association can set up a fee schedule where different categories of owners pay at different rates.  For example, some associations charge at one rate for developed lots and another for undeveloped lots, or one rate for seasonal homes and another for year-round.  You could potentially charge a different rate for all rental properties, but I think you would have a hard time justifying how a renter causes any more wear and tear than the owner.

    What might be more helpful would be to see if the deeds to properties on your road refer to a subdivision plan or to any sort of covenant.  If so, look up that document on your county's Registry of Deeds website and read it very carefully.  Sometimes those documents will include limits on what can be done with properties.  For example, they may say no businesses other than a cottage industry.  You may find that there is some restriction that would prohibit a rental.  If not, I don't know if there is much you can do.  One thing that might be helpful would be to amend your bylaws to say that any damage to the road beyond normal wear and tear will be billed to the landowner.

                            The Maine Alliance for Road Associations


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