Maine Alliance for Road Associations


 

Templates for Collection of Unpaid Assessments from New Owners

  • 21 Oct 2017 12:17 PM
    Message # 5324829
    Betsy Connor Bowen (Administrator)

    The following are two templates prepared by Mary Denison of Lake and Denison and reviewed by other attorneys. Both pertain to collecting unpaid assessments from a purchaser when a property changes hands. 

    NOTICE OF CLAIM FOR NON PAYMENT OF ROAD ASSOCIATION ASSESSMENT

    NOW COMES________________, Treasurer of the Happytown Hill Road Association of Anywhere, Kennebec County, Maine and after being duly sworn and under oath, states that the following is true based upon her own personal knowledge and the records of the Association.

    1. I am Treasurer of the Happytown Hill Road Association, a Maine statutory road association created pursuant to 23 M.R.S.A. §§3101 to 3014 located in Anywhere, Maine.

    2. The Association is the representative body of the owners of lots on the private road known as the Happytown Hill Road.

    3. “Lot Owner” is the owner of Lot #1 of Happytown Hill Estates pursuant to a deed which is recorded in the Kennebec County Registry of Deeds in Book _____, Page ____.

    4. Said statute, amongst other things, requires the lot owners to pay annual assessments when due.

    5. Said owner has refused, and continue to refuse, to pay the assessments of $__________for the year 2015.

    6. The Association has the authority and standing to enforce the statute and to collect the assessment.

    7. Notice is hereby given that any new owners of the lot, if said assessment, interest and costs are not paid before or at the time of conveyance, will be subject to the rights of the Association to seek full payment of the unpaid assessments, interest and costs.

    8. Anyone interested in obtaining additional information or a release of the assessment may contact _____________, Treasurer, Happytown Hill Road Association, 74 Happytown Hill Road, Anywhere, Maine. Telephone Number: 555-5555.

    Happytown Hill Road Association

    Dated: August ___, 2016 ________________________________ Its: Treasurer Print Name: _____________

    2

    State of Maine County of Kennebec August ___, 2016

    Personally appeared the above-named _____________ and made oath that the foregoing Affidavit is based upon her personal knowledge and is true and correct and that to the extent it is based on information and belief that she believes it to be true.

    Before me,

    _________________________________ Notary Public/Attorney-at-Law Printed Name: _____________________ My Commission Expires: _____________

    *****************************************************************

    NOTICE OF EXTENSION

    NOTICE OF CLAIM FOR NON PAYMENT OF ROAD ASSOCIATION ASSESSMENT

    NOW COMES________________, Treasurer of the Happytown Hill Road Association of Anywhere, _______________ County, Maine and after being duly sworn and under oath, states that the following is true based upon her own personal knowledge and the records of the Association.

    1. I am Treasurer of the Happytown Hill Road Association, a Maine statutory road association created pursuant to 23 M.R.S.A. §§3101 to 3104 located in Anywhere, Maine.

    2. The Association recorded a Notice of Claim for Nonpayment of Assessment (Notice of Claim) against ____________________________, owner(s) of Lot _____ of Happytown Hill Estates which Notice is recorded in the ______________County Registry of Deeds in Book _____, Page ____.

    3. The Notice of Claim was recorded on __________________, 2017. 23 M.R.S.A. §3104 requires a Notice of Extension be filed within 18 months of the original recording or the Notice shall expire.

    4. Said owner has refused, and continues to refuse, to pay the assessments of $__________for the year _______.

    5. Anyone interested in obtaining additional information or a release of the assessment may contact _____________, Treasurer, Happytown Hill Road Association, 74 Happytown Hill Road, Anywhere, Maine. Telephone Number: 555-5555. Happytown Hill Road Association

    Dated: ______________ ________________________________ Its: Treasurer Print Name: _____________

    State of Maine County of______________ _________________

    Personally appeared the above-named _____________ and made oath that the foregoing is based upon his/her personal knowledge and is true and correct and that to the extent it is based on information and belief that he/she believes it to be true.

    Before me,

    _________________________________ Notary Public/Attorney-at-Law Printed Name: _____________________ My Commission Expires: _____________

    *****************************************************************


  • 22 Oct 2017 5:27 AM
    Reply # 5325385 on 5324829

    When filing an original Notice of Claim or Extension, should there be a paragraph that states it expires 18 months from the filing date? For example. "This claim (or extension of claim) expires 18 months from the date of filing unless an extension is filed." 

    By the way--Thank you for all your work! I really appreciate this forum.

     

  • 24 Oct 2017 6:34 PM
    Reply # 5339049 on 5325385
    Patti Riley wrote:

    When filing an original Notice of Claim or Extension, should there be a paragraph that states it expires 18 months from the filing date? For example. "This claim (or extension of claim) expires 18 months from the date of filing unless an extension is filed." 

    By the way--Thank you for all your work! I really appreciate this forum.

     


    The 18 month expiration is set by the State of Maine statutes. These laws could change in the future. Notices recorded in the registry of deeds are permanent records that will forever remain as part of the history of a title. If the notice states an expiration, and the law then changes in any way (ex: goes back to not expiring, or changes to 5 years, 1 year etc.) than the notice may no longer comply with the law, or expire sooner than required. I am certainly no lawyer, but based on these points, I would assume that's why the notice should NOT state it expires.    
  • 25 Oct 2017 5:15 AM
    Reply # 5345529 on 5324829

    Thank you. That makes so much sense. I am glad I asked the question.

                            The Maine Alliance for Road Associations


Powered by Wild Apricot Membership Software