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Maine Alliance for Road Associations

Notice of Claim

  • 29 Apr 2024 2:29 PM
    Quote
    Message # 13349607
    Anonymous member

    Hello,

    The "Notice of Claim" form provided in the Resources section lists the author of the form, and thus the person who will be presenting at the Registry, as the association's treasurer. Is the treasurer the only Board member who can file the NOC? Our treasurer travels a lot, and I, as the vice-president, would like to file a NOC in his absence. The Registry says that they will accept it, but cannot speak to its legality.

    Thanks
  • 30 Apr 2024 10:52 AM
    Quote
    Reply # 13350102 on 13349607
    Anonymous member (Administrator)

    According to 23 MRS section 3104, "The commissioner or board may cause to be recorded in the county's registry of deeds a notice of claim..."   But it doesn't say specifically who is to file it.  The sample form that attorney Mary Denison provided for us says it is being filed by the Treasurer, but the law says "commissioner or board may cause..."  My interpretation has been that as long as the commissioner or board instructs one of the road association's officers to file it, and the officer who files it identifies themselves by name and the office which they hold, that should be sufficient.

    I'd like to hear how other road associations handle it.  Your comments?

    Last modified: 30 Apr 2024 4:48 PM | Anonymous member (Administrator)
  • 30 Apr 2024 11:18 AM
    Quote
    Reply # 13350109 on 13349607
    Anonymous member

    Hi Roberta,

    Your explanation makes sense, and is what I had assumed - but you never know.. I have modified the NoC form and will be filing it next week. Thanks for your reply.

                            The Maine Alliance for Road Associations


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