Massachusetts SD 1413: An Act relative to the maintenance of private ways, bridges and common amenities in municipalities

Bill Text

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SENATE DOCKET, NO. 1413 FILED ON: 2/16/2021
SENATE . . . . . . . . . . . . . . No. 2303

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Julian Cyr
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the maintenance of private ways, bridges and common amenities in
municipalities.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS:
Julian Cyr Cape and Islands

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SENATE DOCKET, NO. 1413 FILED ON: 2/16/2021
SENATE . . . . . . . . . . . . . . No. 2303
By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2303) of Julian Cyr for legislation
relative to the maintenance of private ways, bridges and common amenities in municipalities.
Transportation.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2066 OF 2019-2020.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________

An Act relative to the maintenance of private ways, bridges and common amenities in
municipalities.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Chapter 84 of the General Laws shall be amended by striking out sections
2 12, 13 and 14 and inserting in place thereof the following eight sections:
3 Section 12. Definitions. For the purposes of sections 12A through 14A of this chapter,
4 the following terms shall have the following meanings:
5 “Benefited land” shall mean the land owned by a proprietor or rightful user which land
6 has an appurtenant right to use a private way, bridge or common amenity whether by easement,
7 grant, implication or otherwise.

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8 “Bridge” shall mean a private bridge, whether paved or unpaved, that is not maintained,
9 repaired or replaced by a city or town or other governmental entity or authority.
10 “Common amenity” shall mean a private park, building, recreational facility, beach or the
11 like, privately owned utility line or system and appurtenances to such utility line or system, and
12 any and all appurtenances thereto or appurtenances to a private way or bridge including but not
13 limited to roadway rights of way, drainage, abutments, slopes, ramps, approaches, and landscape
14 and hardscape improvements, and in each case that is not maintained, repaired or replaced by a
15 city or town or other governmental entity or authority.
16 “Common association” shall mean a trust, corporation, limited liability company, or
17 unincorporated association established for the purpose of maintaining, repairing and replacing a
18 private way, bridge or common amenity, the beneficiaries, shareholders, or members of which
19 are all of the proprietors and rightful users owning benefited land that has an appurtenant right to
20 use such private way, bridge or common amenity whether by easement, grant, implication or
21 otherwise.
22 “Common association board” shall mean a governing or managing board of a common
23 association, as applicable, which board shall be created pursuant to and in accordance with
24 section 13B of this chapter.
25 “Common association members” shall mean the beneficiaries, shareholders, or members,
26 as applicable, of a common association.
27 “Maintenance process” shall mean the process for any one or more of the following (i)
28 maintenance, repair and replacement of private ways, bridges and common amenities, (ii)
29 contribution and collection of funds for administration and for such maintenance, repair and

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30 replacement from proprietors and rightful users owning benefited land that has the appurtenant
31 right to use such private ways, bridges and common amenities whether by easement, grant,
32 implication or otherwise, (iii) making assessments on account thereof and increasing or
33 decreasing such assessments from time to time, (iv) establishing liens for unpaid assessments,
34 and (v) enforcing the obligation of proprietors and rightful users to pay such assessments
35 whether through foreclosure of such liens or otherwise.
36 “Prior recorded instrument” shall mean an instrument that was recorded at the time of the
37 establishment of a private way, bridge or common amenity or was recorded subsequent to the
38 establishment of such private way, bridge or common amenity with the consent of all proprietors
39 or rightful users owning benefited land that has the appurtenant right to use such private way,
40 bridge or common amenity whether by easement, grant, implication or otherwise, which
41 instrument in either such case was recorded prior to January 1, 2018.
42 “Private way” shall mean a private street, road or other way, whether paved or unpaved,
43 which is not maintained, repaired or replaced by a city or town or other governmental entity or
44 author