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Maine Alliance for Road Associations

Statutory versus nonprofit in relation to liens

  • 17 May 2012 1:07 PM
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    Message # 923390
    Deleted user
    We have been informed by our lawyer that even though we are registered with the state as a non-profit corporation we also have statutory status simply because we have always followed the procedures for same, beginning with the method of formation, voting and minutes taken for each meeting, notices sent according to the law etc. Has anyone had experience with this,  when placing a lien on property? While I'm at it, what exact lien form is applicable? Would it be a "Mechanics" lien? Thanks, Peter Huston,RA pres.
     
  • 26 Jun 2012 11:27 AM
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    Reply # 983133 on 923390
    Anonymous member

    We also are a non-profit and statutory road association. I have successfully prepared, recorded and collected on three liens. We have one lien recorded now and awaiting sale of the property to collect.

    The form I have used is taken from Appendix E of the DEP Guide. If you email me at pdunn1020@aol.com I'd be glad to forward a copy. 

     

     
  • 27 Jun 2012 8:39 AM
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    Reply # 984394 on 923390
    Deleted user
    what is the difference between statutory versus non-profit?
  • 28 Jun 2012 7:01 AM
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    Reply # 986327 on 923390
    Anonymous member
    "Statutory" means that the organization was formed according to the procedures in the newly revised section of Maine law called the "Private Ways" statute (see "Maine Private Ways" statute by clicking on the tab so labeled on this website) 

    "Nonprofit" means formed according to the nonprofit statute in Maine law. You can search for that on the maine.gov website
    Go to: 

    Does this help?
  • 29 Jun 2012 10:04 AM
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    Reply # 987905 on 923390
    Deleted user
    Yes, that's helpful.  2 years ago we formed according to the statute, and we send an annual report to  the Secretary of State to maintain a non-profit status.  Additionally our attorney had us get an EIN # to open our checking account.  Was that necessary  or would our charter number been sufficient to open an account?

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