Peter Dunn wrote:

7. Immunity from suit.  A commissioner, board or owner of a parcel of land who undertakes activities of a road association under this subchapter is immune from civil liability in all actions by owners or lessees of other lots for the following activities:

A. The determination of repairs and maintenance to be undertaken; [2009, c. 238, §1 (NEW).]

B. The determination of materials to be furnished or amount of money to be paid by each owner for repairs and maintenance; [2009, c. 238, §1 (NEW).]

C. The collection of the money from each owner; and [2009, c. 238, §1 (NEW).]

D. The awarding of a contract authorized under section 3103. [2009, c. 238, §1 (NEW).]

[ 2009, c. 238, §1 (NEW) .]

 

The above language is "new" to Section 3101 of the Private Way Law as of 2009. I feel it makes the need for liability insurance, particularly D&O, somewhat minimal. Of course you always have the old adage that " anyone can sue anyone for any thing".

 

It appears that the MARA web page may not have been updated to the revised law.

Thank you very much for calling my attention to that. I updated the page with the "new" language. Thinking back to that time (MARA had advocated for this change), it took a while for the new language to go on the books and it became an oversight.  FWIW, the immunity we had advocated for was more comprehensive but we ran into opposition from the trial lawyers. Worth knowing that in any subsequent attempt to change the law.