Posted by: Archipelago Law in Land Use, Maine Roads on November 20, 2025

Forming a Statutory Road Association

It’s mid-winter in Maine and a nor’easter just dumped a foot of snow overnight. The plow never came. The road is a rutted mess of ice and frozen slush, and half the neighbors insist they already “paid their share” last fall. By spring, the runoff has carved trenches deep enough to swallow your tires, and everyone’s pointing fingers over who’s responsible.

This scenario plays out across hundreds of Maine’s private roads—camp roads, lake access roads, and rural connectors—where informal maintenance agreements or “handshake deals” eventually fall apart. Without structure, maintenance becomes inconsistent, liabilities increase, and costs spiral. Luckily, the Maine Legislature has implemented a statutory process that allows just a few owners to band together and force the formation of a road association, one that ensures active involvement and fair contribution from all property owners who benefit from the private road. 

The Benefits of Organization

A statutory road association is not just about keeping the road drivable, it is about protecting your investment and avoiding conflict. Maine’s Private Ways Law (23 M.R.S. §§3101–3106) allows property owners on a private road to formally organize, vote on a maintenance plan, and collect dues from all benefited owners.

The advantages of forming an association are significant. First, it creates enforceable cost-sharing: once properly formed, assessments are binding on all benefited landowners, ending the era of “free riders” with the potential of placing a lien on property owners that refuse to pay their fair share. Second, it provides liability protection to officers and owners for activities like budgeting, contracting, and collecting fees. Associations can also purchase liability insurance to protect their members. Third, a properly formed road association can help preserve property values. Well-maintained roads not only reduce repair costs but also improve safety, access, and the long-term value of your property.

How It Works

Under Maine law, when four or more parcels are benefited by a private road, three owners may apply to a notary public to call a meeting of all the road’s owners. That meeting functions much like a town meeting: owners vote on a budget, elect a road commissioner or board, and approve maintenance plans. From there, the association continues until dissolved by a majority vote.

Each parcel typically represents one vote, and the group adopts a formula for calculating annual maintenance fees that is fair and equitable. The formula can consider factors such as frontage, frequency of use, or lot location. Once the association is formed, annual or bi-annual meetings are required to approve budgets, elect officers, and review maintenance needs.

Ensuring Compliance and Enforceability

While the concept is simple, the process is technical. Statutory requirements for notice, voting, and recordkeeping are precise, and even small procedural errors can render the association’s assessments unenforceable. Forming a road association without guidance can be risky. The notice to call a meeting must be issued correctly through a notary; the warrant must list all proposed budget items and be mailed to every owner at least 30 days before the meeting. The association’s bylaws and fee formula must meet the statute’s fairness standard, and proper records must be maintained to protect the association’s authority.

An experienced land use attorney can help ensure compliance at every step: drafting meeting notices, bylaws, and fee formulas; recording claims and extensions in the Registry of Deeds; and securing liability coverage for the association’s officers and members. With proper legal formation, you can avoid disputes, ensure enforceability, and protect everyone’s interests.

Takeaway

If you live on or rely on a private road, forming a statutory road association is one of the most practical and cost-effective ways to ensure fair maintenance, legal protection, and peace of mind for every property owner involved. Before the next mud season begins—or the next neighbor dispute arises—make sure your road and your rights are protected.

Michael Skolnick, Esq.

Archipelago Law, LLP