14. What are the necessary steps to get organized if we do not have a road association?

The Town will send a letter to all property owners or abutters to the identified private ways alerting them to this issue and what steps should be taken to correct it.

The following step-by-step process is recommended:

  1. Review all the information on the Town website concerning this topic. 
  2. Contact your neighbors and identify a contact person or person(s) to be the team      leader.  The Town is willing to answer questions, and the quickest and easiest way is by having a point of contact for each non-road association group.  (The Town has over 50 roads that need to have an association, so having a singular point of contact is very important.) 
  3. The Lead person(s) will need to notify the residents of a road association formation meeting.    Information regarding all abutters who use the private way, based on our records, are available on the Town’s website for your usage.  Simply decide to form a road association or not.    

If yes, The Town’s (designated staff person) will educate the point of contact on how to form the association. Each Private Way Road that desires to form an association to continue receiving plowing services will be provided a booklet (3 ring binder) on the various forms for a statutory road association.   This will be provided to the lead person.  If you want the assistance of a town representative or volunteer at a meeting, please call for availability. (207.894.7079)   Also on the Town website is a PDF of this booklet/3 ring binder.

  1. Once your group has made the decision to have an association or not, then take the necessary steps to complete the decision.  

1)  If the decision is to not form an association (and thus waive ongoing town-provided plowing), simply summarize the meeting and forward that decision to the Town Manager’s Office. This letter should include at least 51% of the road abutter signatures.  (email: dpwhelp@windhammaine.us; or mail to Town of Windham, Private Ways Help, 8 School Road, Windham ME 04062)

2) If the decision is yes, we want to continue having the plowing service with conditions, then use the provided booklet to set up the road association and get organized.  

   E.  If you have decided to continue the service, you will need to:

  1. Post the “Notice of Statutory Road Association”;
  2. Vote to establish the road association;
  3. Vote on by-laws; 
  4. Vote on the directors; 
  5. Notify the Town, and we will meet with the President of the road association or designee(s) to review the road, provide a plan of improvements over three years, establish contact information, and complete other foreseen needs over time for the road(s) to continue receiving snow plowing from the Town; and  
  6. Register the road association with the State. 

Show All Answers

1. 1. Why did the Town request Private and Special legislation 1723 for Windham?
2. 2. What is the problem?
3. 3. Why did this practice start, and what is the history of Windham plowing private ways?
4. 4. What is the best solution?
5. 5. If I live on a private road which is not plowed by the Town does this affect my property?
6. 6. If I live on a private way which is plowed by the Town does this affect my property?
7. 7. What do owners on private ways need to do in order for the Town to continue plowing?
8. 8. What does "public easement" mean?
9. 9. If my private way has a road association, do I need to do anything?
10. 10. If my private way road does not have a road association, do I need to do anything?
11. 11. What does a road association provide and/or do?
12. 12. What is the responsibility of the residents in these road associations?
13. 13. We have decided to form a road association. Is a non-profit approach best?
14. 14. What are the necessary steps to get organized if we do not have a road association?
15. 15. There is a lot of information to understand. Will the Town provide legal advice or guidance to move through this process swiftly?
16. 16. Who pays for this new road association and the ongoing cost of annual road maintenance?
17. 17. Do each of the identified town plowed private ways or areas have to form a Road Association or HOA?
18. 18. What if we as a road group cannot find a point of contact to organize the step-by-step process to set up the road association and subsequent obligations, or desire not to be involved?
19. 19. What are the private way road tallies, associations or not?
20. 20. We live on a private road not on the listing provided by the Town's website. Can we have our road added to the winter maintenance list?
21. 21. What if a road or area no longer wants to have the Town plow the road and does not want to comply with the basic road maintenance?
22. 22. Is there a listing of addresses on each private way road and a map?
23. 23. What is the cost of road improvements that may be necessary?
24. 24. Where can I find the Ordinance that was adopted regarding these Town Plowed private ways?
25. 25. Is my Private Road or Private Way defined in the Town Ordinances?
26. 26. How does LD 192 “An Act to Define the Responsibilities of Residential Property Owners for the Maintenance of and Repair of Private Roads” affect the Windham?
27. 27. Is there a check off list or summary description of items the Town will be reviewing for basic maintenance?
28. 28. Will the Street sign change from a private way sign to a public sign?
29. Summary