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Maine Alliance for Road Associations

Nonprofits and Liens

  • 13 May 2012 6:56 PM
    Quote
    Message # 919124
    Deleted user

    Our current road association is a nonprofit. Are there any circumstances in which we could use liens to collect road fees without becoming statutory?

    Would simply changing our bylaws accomplish this?

    Thank You
  • 15 May 2012 1:56 PM
    Quote
    Reply # 921310 on 919124
    Anonymous member
    A nonprofit road association has no ability to collect a lien in court. The statute was designed to give an association formed under it the power to do so. So sadly, the answer is no.
  • 15 May 2012 2:05 PM
    Quote
    Reply # 921331 on 919124
    Deleted user
    You may not be able to file a lien in the way a statutory association can, but you can file a notice of non-payment of assessments. See page 11 in the road association handbook at http://www.maine.gov/dep/land/watershed/road_association_guide.pdf .

    And, of course, you can always go to court to collect.
  • 16 May 2012 6:28 AM
    Quote
    Reply # 921911 on 919124
    Deleted user
    Thank you for your responses.
    In regards to filing a notice of non-payment, would this have to be added to our bylaws or can our board make this decision?

                            The Maine Alliance for Road Associations


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