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Lotusbud Girl

Junior Member
Maine

There is a road association with apprx. 20 households involved.

The members are bitterly divided in half over various issues.

The slight majority (52% or so) group makes decisions without ever notifying the other half of membership, and they alter the minutes to reflect what they want them to instead of what the meetings were actually about.

They object to the minority group (48%) taping the meetings for proof of what was actually said or voted on, but They tape the meetings and refuse to give us copies of the tapes.

They have voted in expensive road repair which 49% of us strongly object to because they won't tell us the details of what/how they plan to proceed with our money to fix the road - only that they're hiring a very overpriced contractor friend of theirs. (About $1K overpriced.) They didn't wan't to send out for bids. Our dues have tripled as a result.

Questions:

(1) Do we have any rights? They won't meet us in the middle over any issue. They control everything. Anything we try to vote on doesn't pass.

(2) We are warily considering our only power - to withhold all of our dues. There is nothing in the bylaws that speaks about members who don't pay, except that they lose their right to vote. (Our bylaws are vague.)

(3) Can such a large group withhold monies without being sued?

(4) How can we protect ourselves as a group if they go after us?

(5) Can we create our own road association group separate from them? They live on one part of the road, we live on the other.

Please advise as much as you can - Thanks!
 


Greg 2

Member
Lotusbud Girl said:
Maine

There is a road association with apprx. 20 households involved.

The members are bitterly divided in half over various issues.

The slight majority (52% or so) group makes decisions without ever notifying the other half of membership, and they alter the minutes to reflect what they want them to instead of what the meetings were actually about.

They object to the minority group (48%) taping the meetings for proof of what was actually said or voted on, but They tape the meetings and refuse to give us copies of the tapes.

They have voted in expensive road repair which 49% of us strongly object to because they won't tell us the details of what/how they plan to proceed with our money to fix the road - only that they're hiring a very overpriced contractor friend of theirs. (About $1K overpriced.) They didn't wan't to send out for bids. Our dues have tripled as a result.

Questions:

(1) Do we have any rights? They won't meet us in the middle over any issue. They control everything. Anything we try to vote on doesn't pass.
Ans; yes

(2) We are warily considering our only power - to withhold all of our dues. There is nothing in the bylaws that speaks about members who don't pay, except that they lose their right to vote. (Our bylaws are vague.)
Ans; Is there a question here?

(3) Can such a large group withhold monies without being sued?
Ans; maybe, maybe not.

(4) How can we protect ourselves as a group if they go after us?
Ans; Hire the best RE attorney you can afford that specializes in this area of the law. Follow his/her guideance. You state 49% feel as you do, that is ~9-10 households to pool money to pay for this atty. All who benefit should share the cost.

(5) Can we create our own road association group separate from them? They live on one part of the road, we live on the other.
Ans; See #4.

Please advise as much as you can - Thanks!
Don't overlook the laws/statutes already on the books that cover this subject. You HAVE read them already, haven't you?
 

Lotusbud Girl

Junior Member
I have found only four ME statutes regarding private ways - doesn't really help our particular situation, except that we can 'pay' our dues with our labor or materials instead of money.

I found ME statutes regarding Non-Profit Corporations. Again, not much help with our specific situation - there's nothing regarding member rights, except the right to vote.

I haven't found anything yet regarding what many members perceive as reckless spending of member's dues.

I'd like to concentrate my research - what terminology or areas of statutes might be helpful?

I have suggested getting advice from a RE lawyer - most of the 49% doesn't want to because (1) fear of starting an all-out war if/when the other side finds out, and (2) many can only afford the lawyer if they used their association dues money. (Yes, seriously. Maine is a beautiful but a 'low-income' state.)

Hence, for now I need to do everything I can to educate the group on our rights (once I can find information about what those rights might be!)

Thank you VERY much for your kind help.
 
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