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Maine Alliance for Road Associations

Notice of Claim form

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  • 05 Dec 2013 3:35 PM
    Quote
    Message # 1452532
    Anonymous member

    Sample Registry Notice of Non-payment of Road Association Assessment

    NOTICE OF NON-PAYMENT OF ROAD ASSOCIATION ASSESSMENT

    NOW COMES_______________ , Road Commissioner of the_____________

    Association of_________ , Maine and after being duly sworn and under oath, states that the following is true based upon his own personal knowledge and the records of the Association.

    I am Road Commissioner of the_________________ Association of_______________ Maine.

    2.             _______________________ The   Association is a road association created and existing pursuant to Maine law at 23 M. R.S.A. §3101 to 3106 and an annual meeting was

    properly called and held_________ , 200 for a twelve-month period from

    200 to_____________ 200        for the purposes of maintaining

     _________________ and_____ in       Maine and the assessment of maintenance fees on the property owners an said roads as provided for in said State law.

    3.  _________________ and_____________________ are owners of land an________

     ________________________________________________ pursuant to a Deed to them dated    and which

    is recorded in the_____________ County Registry of Deeds in Book ._______ , Page

    Said owners have refused, and continue to refuse, to pay the assessments of $ for the year beginning            .200______________________ and ending

    200              , which was due to be paid by ._______           200_

    5.                     _____________________________ The Association, pursuant to 23 M.R.S. A. §3103 and 3104, has the authority and standing to enforce the payment of and to collect the assessment plus interest and costs.

    6.         Notice is hereby given that the said current owners and any new owners of the lot, if said assessment, interest and costs are not paid are subject to the rights of the Association to seek full payment of the unpaid assessments, interest and costs, which is a debt that runs with the land.

    7          Anyone interested in obtaining additional information or a release of this lien may

    contact___________ Road Commissioner,__________________ Association,

     ___________ , Maine   . Telephone Number (207)

    e-mail:___________________

    Dated:                                                 200

    State of Maine

    County of_____________   ______________________________________________ 1200

    Then personally appeared the above named <NAME>, <TITLE> of <NAME> Road Association, and acknowledged the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of said association.

    Before me,

    Notary Public/Attorney-at-Law Printed Name:

    My Commission Expires.          

    Last modified: 22 Mar 2014 7:15 PM | Anonymous member
  • 05 Dec 2013 11:35 PM
    Quote
    Reply # 1452844 on 1452532
    Deleted user
    If I understand this process, we can now place a lien on someones property if they have neglected to pay their road association dues provided we notify as noted. My question is, do we need a lawyer or can we have a notary validate the document?

    Thanks in advance for any advice offered!
  • 06 Dec 2013 8:30 AM
    Quote
    Reply # 1452982 on 1452532
    Anonymous member
    You should not need a lawyer. You do need to find the Registry of Deeds in your county and file it there. Perhaps a phone call to them in advance of taking it there would help.
  • 21 Mar 2014 12:18 PM
    Quote
    Reply # 1522310 on 1452532
    Anonymous member

    This week I attempted to file several notices of non-payment at Penobscot County Registry of Deeds on behalf of our road association.  The clerk at the registry would not accept the notices for filing due to the wording of the acknowledgement signed by the notary. Apparently the acknowledgement needs to indicate that it is the individual acting in their capacity on behalf of the association, and not the individual acting on their own.

    We used the template posted in this discussion topic, which included this acknowledgement:

    "Personally appeared the above named <NAME> and made oath that the foregoing Affidavit is based upon his personal knowledge and is true and correct and that to the extent it is based on information and belief that he believes it to be true."

    Based on an example provided by the clerk at the registry, we edited the acknowledgement on our notices to read:

    "Then personally appeared the above named <NAME>, <TITLE> of <NAME> Road Association, and acknowledged the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of said association."

    I will follow up on this forum after filing the revised notices and let folks know whether or not the revision is accepted by the registry.  I imagine it will be since I took the wording verbatim from the example they provided.
  • 22 Mar 2014 11:14 AM
    Quote
    Reply # 1522779 on 1452532
    Anonymous member
    I replaced the old notice of claim pdf (downloadable from "Resources" and at the bottom of the Leadership Manual page).

    I've also replaced it in the message board post of the claim document, in case anyone finds that through "Search" and uses it.

    Thanks, Todd, for posting this. You are doing us all a favor.
     
  • 23 Mar 2014 10:25 AM
    Quote
    Reply # 1523110 on 1452532
    Anonymous member
    In the sample wording of the Notice of Non-Payment of Road Association Assessment, in Item #7, should the word "lien" be replaced with "claim"? 
  • 23 Mar 2014 11:06 AM
    Quote
    Reply # 1523122 on 1452532
    Anonymous member
    I would also like to mention that, at the Cumberland County Registry, they require a signature block (following Item #7) which contains not only the signature of the Road Commissioner but also the Association's name and complete address.
  • 24 Mar 2014 6:47 PM
    Quote
    Reply # 1523949 on 1452532
    Anonymous member
    Today, I filed five notices of non-payment at the Penobscot County Registry of Deeds and two notices of non-payment at the Hancock County Registry of Deeds with the revisions that were outlined in my previous post.  All seven were accepted for filing by both registries.


    Last modified: 24 Mar 2014 6:50 PM | Anonymous member
  • 25 Mar 2014 7:12 PM
    Quote
    Reply # 1524852 on 1452532
    Anonymous member
    Glad you have your documents submitted for recording but I'm interested why you recorded in two different counties. Also a question as to the type of Road Association that you are formed as, i.e., statutory or non-profit? Perhaps you road happens to have properties located in two different counties but shouldn't the association have a single town "of record"? Maybe not? Glad you had the courage to move forward.
  • 25 Mar 2014 8:21 PM
    Quote
    Reply # 1524896 on 1452532
    Anonymous member
    We had existed as an ad-hoc road association since 1968, but re-formed as a statutory association at our annual meeting last summer.  The roads we maintain are located within two adjacent towns that are located in two adjacent counties.  We had five properties in one county and two in the other, hence the reason for filing in two registries.

    We are not aware of any requirements for a single "town of record", and any references we have made in all of our documentation includes the names of both towns.
    Last modified: 26 Mar 2014 9:11 AM | Anonymous member
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