Maine Alliance for Road Associations


nonpayment of assessment

  • 02 Sep 2018 12:44 PM
    Message # 6650363

    We currently have a lot owner late with an unpaid assessment fee for 2018 who indicated he will not meet with the BOD to set up a payment plan to satisfy the debt by Dec 31. ( we are on a calendar year). He also indicated he will be filing for bankruptcy.

    We are a nonprofit therefor we must go to small claims court to collect with a lawyer as to my understanding. Is there clarity on this as to 13-b nonprofit act and if so where?

    We got advice to file a lien from a lawyer with the register of deeds which confuses me with no advice as to small claims court.

    Am I wrong as to procedure? Do we file a lien with the register of deeds and then go to small claims to collect?

    The lawyer was awful. He told us his client was our member filing bankruptcy therefor the client/attorney thing and we had to talk in hypotheticals. So we're looking for another lawyer (do you know of any?)

    Thanks for any help.

                            The Maine Alliance for Road Associations

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