Whether or not the contentious road owner is a member of the organization, it should be possible to deal with him. If he is not, it's easier, but if he is, then he only has one vote and (for example) cannot sue the officers of the road association for carrying out their duties when they are engaged in their administrative activities.

Could you be clearer on what actual problems this person is causing? Depending on the answer, it may (or may not) be possible for the group to come up with a solution.

I believe the only rights yo have on a right-of-way is to pass over this portion of the road.  You cannot "do as you wish" with this road as it does not belong to you.  The owner just cannot stop you from passing over.

Are you talking about a public easement? The statute says anybody benefitting from a public easement has the right to form a road association under the statute -- assuming the required number of parcel owners.

Ray Ronan wrote:

Patricia Dignard wrote:I believe the only rights yo have on a right-of-way is to pass over this portion of the road.  You cannot "do as you wish" with this road as it does not belong to you.  The owner just cannot stop you from passing over.

If that is true it makes the Road Association and state law impotent and moot.

Indeed.  If I have a right-of-way over someone's land, I can build a road on that right-of-way if I wish.  I can certainly maintain an existing road.

anonymous wrote:A "right-of-way" means just that - your right to pass over this portion of the road, but you CANNOT build a road, or maintain the road per se.....The owner holds all right to this property, but cannot stop you from walking or driving (if it is a road) across this property.....The owner cannot put up blockages or charge for passage...

I was interested in your concern and decided to look into it further. Found the following from

http://www.ertlaw.com/articles/right-of-way_easement

http://downeastlaw.wordpress.com/2008/01/10/right-of-way-easements-in-maine/

....."A right-of-way easement grants the holder only the right to cross the land, but not to change the nature or location of the right-of-way. For instance, if a right-of-way was granted to allow foot traffic down to a beach, the foot path may not be converted into a paved road. While the holder of the easement can do basic maintenance of the right-of-way, they may not cause an undue burden to the land owner."

So much more information both links have same article one is his office.

Best of Luck