Alanna Brown wrote:sworn to faithful discharge of their respective trusts ??? I've looked this up, read and reread , trying to understand how this should be applied to road associations. What exactly are they swearing to do? Is there a generic oath that applies to many associations ,etc., as in the town officials oath that you mentioned.?? Is there a code of ethics? Is this just a formality not to be taken seriousely?

Yeah, the law doesn't explain itself very well here, does it? I interpret it this way:

23 MRSA 3102 states that the commission or board chosen under section 3101 "has the powers of a road commissioner".  A road commissioner, as the term is used elsewhere in Title 23, is a municipal official, and as such, must take the Oath of Office specified in the Maine Constitution.  Since 23 MRSA 3102 effectively equates the private road commissioner with the municipal road commissioner, and since 23 MRSA 3101(5) requires an (unspecified) oath, I would conclude that the private road commissioners should be sworn in the same manner as municipal road commissioners.

That probably means having the Maine Oath of Office administered by a Notary Public or Dedimus Justice; in the case of a municipal road commissioner, the Town Clerk could administer the oath, but I'm not so sure there is any town-clerk-equivalent in a road association, so the Notary or Dedimus would be the safest thing.

The oath is as follows:

I, (name) do swear, that I will support the Constitution of the United States and of this State, so long as I shall continue a citizen thereof. So help me God.

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I (name) do swear, that I will faithfully discharge, to the best of my abilities, the duties incumbent on me as Road Commissioner according to the Constitution and laws of the State. So help me God.

Now, you're probably asking yourself, "Does all this really matter? Do we really have to go to all that trouble?  Who's gonna care if we skip that part?"  The main issue here is to make sure that you have covered all the legal requirements.  If your commissioner or board isn't sworn, then they aren't technically a board or a commissioner.  If if they aren't a board or a commissioner, they don't actually have the authority to assess fees, collect money, bring suit in court on behalf of the association, or enjoy the limited immunity offered by the statute.  The last thing you want, when you find yourself in court trying to collect money owed your association, is that you have a simple technical defect that will forever bar you from collection those funds.  Or worse yet, you're being sued by an owner for simply doing your job as a board member or commissioner, but you can't claim the immunity granted under the law because of that same simple defect.

If associations no longer need to have 3 signers every year , who sets the agenda ?

You'd probably adopt bylaws to establish such things, or possibly just leave the agenda-setting to your commissioner/board.

When do new commissioners get sworn?

Upon election would be good, and certainly before taking any official actions.

Without the necessity of checks and balances, like by-laws, a quorum, committees, what are they swearing to do ? To follow a majority vote, of a uninformed minority of possible participants.

They are swearing to faithfully execute their office according to the laws of the State.

none * wrote:

Can our Non-Profit Association Dissolve? 

Our deed clearly states that we are...{to accept active membership in the association... agree to be subject to and abide by the articles of Incorp and Bylaws..and all rules & regs adopted by the association.  It also says the association shall control and operate  our "Common Land" for recreational use only...the ownership of the easement of control of access to travel over the roadways....establish fees and charges for the operation and maintenance of  lands and facilites under its control.}  As previously inquired we have had numerous road issues, costing thousands of dollars with no end in sight.

From the wording I feel that their must always be an association to govern the roads and common area.  Yet I am finding conflicting laws...under Title 13B non-profit it says it is indefinate... in another place I found it would take every lot owner to agree to dissolve...then I read that only majority need to vote?  If they can indeed dissolve, what happens to our deed...do they need to ammend all of the deeds?  What happens to road repair?  I also heard they intend on taking our deeded common area and splitting up ownership to abutting lot owners...I don't believe this is even legal. 

Anyone know a good attorney on this type of stuff....we are willing to pay some money (not alot) to have all of the issues reviewed and put to rest.

Thank you...about to lose my mind

YES ! Cliff Goodall in Augusta

Alanna Brown wrote:
Do you mean right of way, when you say over the road?

Yes, I mean if they have a right-of-way (which is a type of easement) to use the road, or if they are an owner of the road, then they would be included in the membership of a statutory road association.