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Maine Alliance for Road Associations

Non-payment penalties

  • 07 Dec 2024 1:08 PM
    Message # 13438676

    We bill for road association fees annually with payments due in 30 days.  I believe that if a member doesn't pay, I have to allow 60 days then notice them that payment must be made in 30 days or penalties and or liens will be attached.  Am I correct or can we take action quicker than 60 plus 30 days?  Thank you.

    Ellen Zimkin

    Last modified: 19 Dec 2024 9:22 AM | Anonymous member (Administrator)
  • 08 Dec 2024 8:42 PM
    Reply # 13438918 on 13438676
    Anonymous member (Administrator)

    You are correct as to the schedule.  At 60 days you can send them a notice that they must pay within 20 days or the Notice of Claim will be filed, and then you have to wait another 30 days before you actually file the Notice.  Here's a link to the statute: 

    https://legislature.maine.gov/legis/statutes/23/title23sec3104.html

  • 09 Dec 2024 9:39 AM
    Reply # 13439016 on 13438676
    Anonymous member (Administrator)

    You may benefit from MARA's Member Resources Page, Section 5, Collection Timeline, a concise sequence of steps for managing delinquent claims.  I agree that the 20-day Collection Notice, named the "written notice to cure" in ยง3104, can be mailed when the money owed is 60 days past due.

    I suggest rewording the above "waiting period" as follows:

    "... and then, after 20 days with no response, wait another 10 days before recording the Notice of Claim to permit the claimee 30 days to settle the written notice to cure."

    Last modified: 15 Dec 2024 7:31 AM | Anonymous member (Administrator)
  • 12 Dec 2024 12:59 PM
    Reply # 13440253 on 13438676

    Thank you Roberta and Allen!

    Last modified: 19 Dec 2024 9:12 AM | Anonymous member (Administrator)
  • 17 Dec 2024 10:45 AM
    Reply # 13441748 on 13438676

    Our bylaws allow for the application of an 8% fine if the assessment is not paid on time - within 30 days.  Can that fine be charged in 31 days or does it have to wait for the 60 day then 30 day period prescribed by law?

    Merged topic from Discussion Forum : 19 Dec 2024 9:21 AM
  • 18 Dec 2024 9:34 AM
    Reply # 13442154 on 13438676
    Anonymous member (Administrator)

    The Statutes, sections 3101-3104, do not discuss late payment fees or interest. At MARA road association conferences, attorneys on the program have indicated that courts often enforce provisions of association by-laws that do not conflict with the Statutes.  

    I am not an attorney but I believe you would receive court approval when assigning the penalty at 31days according to your bylaws. 

    Last modified: 19 Dec 2024 9:26 AM | Anonymous member (Administrator)
    Merged topic from Discussion Forum : 19 Dec 2024 9:21 AM
  • 18 Dec 2024 11:20 PM
    Reply # 13442428 on 13438676

    Thank you Allen.

    Merged topic from Discussion Forum : 19 Dec 2024 9:21 AM

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