Sec. 1. 23 MRSA §3101, as amended by PL 1997, c. 682, §1, is further amended to read:

§3101. Call of meetings; repairs

Except as provided in this section, when 4 or more parcels of land are benefited by a private way or bridge as an appurtenant easement or by fee ownership of the way or bridge, the owners of any 3 or more of the parcels, as long as at least 3 of the parcels are owned by different persons, may make written application to a notary public to call a meeting, who may issue a warrant setting forth the time, place and purpose of the meeting, copies of which must be posted at some public place in the town and mailed to the owners of all the parcels benefited by the way at the addresses set forth in the municipal tax records, at least 30 days before such time. When so assembled, they may choose a commissioner, to be sworn, and they may determine what repairs are necessary and the materials to be furnished or amount of money to be paid by each owner for the repairs and the manner of calling future meetings. This section does not apply to ways constructed or primarily used for commercial or forest management purposes. As used in this section, "repairs" does not include major improvements such as paving.

Sec. 2. 23 MRSA §3102, as amended by PL 1997, c. 682, §2, is further amended to read:

§3102. Commissioner's duties; neglect of owners to pay

The commissioner chosen under section 3101, with respect to the way or bridge, has the powers of a road commissioner. If any owner, on requirement of the commissioner, neglects to furnish that owner's proportion of labor, materials or money, the same may be furnished by the other owners and recovered of the owner neglecting to pay in a civil action, together with costs of suit and reasonable attorney's fees. The commissioner may not require any owner to pay for major improvements to the road, such as paving.

SUMMARY

Current law requires members of private road associations to determine what repairs need to be made to the road and to pay for those repairs.

This bill specifies that members of private road associations may not be required to pay for major improvements to the road, such as paving.