Hello, we formed a road association and incorporated as a non-profit corporation in 1994. How do the new laws impact us? There are many changes compared to the copies of the MRSA that I have from 1995. We have been very inactive as a group other than collecting donations to pay the city to sand in the winter. In 1996 the city had said they would accept our road 'for extended summer maintenance' which in the ordinance includes ditching, brushing, grading, gravel and culverts. They have only done grading and a few culverts and very little gravel. They have not brushed and say they are not supposed to ditch. (I don't think they have read their own ordinance recently.) The road is in need of work and we finally elected a president who will try to work with the city on this. However, we still want to maintain our road association if the city won't or can't do needed repairs and upkeep. We have never gotten any easements or deeds. Our by-laws are not consistent with the new rules about meeting notices, mailings, etc. When we formed these were not requirements. Thanks to any one out there who may be in a similar situation and can provide some guidance.

Betsy Connor Bowen wrote:

Patti Riley wrote:Hello, we formed a road association and incorporated as a non-profit corporation in 1994. How do the new laws impact us? There are many changes compared to the copies of the MRSA that I have from 1995. We have been very inactive as a group other than collecting donations to pay the city to sand in the winter. In 1996 the city had said they would accept our road 'for extended summer maintenance' which in the ordinance includes ditching, brushing, grading, gravel and culverts. They have only done grading and a few culverts and very little gravel. They have not brushed and say they are not supposed to ditch. (I don't think they have read their own ordinance recently.) The road is in need of work and we finally elected a president who will try to work with the city on this. However, we still want to maintain our road association if the city won't or can't do needed repairs and upkeep. We have never gotten any easements or deeds. Our by-laws are not consistent with the new rules about meeting notices, mailings, etc. When we formed these were not requirements. Thanks to any one out there who may be in a similar situation and can provide some guidance.

The new laws only affect road associations formed under the statute. If you are formed as a non-profit they do not affect you. But if you do need to have the power to collect from  non-payers in court, then you have to follow the process to form a road association outlined in the statute and can use the Leadership Manual on this site for guidance. 

When we incorporated there were laws in place about making assessments and collecting them. Did the legislature intend that all road associations formed under the old laws start from scratch?

Patti Riley wrote:I think I answered my own question by researching our records. We formed a road association under 23 MSRSA Section 3101 with calls for meetings, notarized warrant and notification to owners so we are a statutory road association. We also incorporated as a non-profit.

Good work!