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Maine Alliance for Road Associations

Creating lien process

  • 10 Nov 2013 7:07 AM
    Message # 1431647
    This past summer we became a statutory association. We are now at the point of placing liens,if necessary, on those members who have never paid 
    and continue to ignore notices and late notices for payment. Can anyone advise how to move forward?
  • 16 Nov 2013 6:26 PM
    Reply # 1439841 on 1431647
    Prior to the last legislature revising 23 MRSA sections 3101 -3104 it was easy to prepare a lien document in the same format as your municipality however for some reason changes were made in the law eliminating the lien option.

    The revised law now says the following:
    §3102. Commissioner's or board's duties; neglect of owners to pay
    The commissioner or board chosen under section 3101, with respect to the private
    road, private way or bridge, has the powers of a road commissioner. If any owner, on
    requirement of the commissioner or board, neglects to furnish that owner's proportion of
    labor, materials or money, the same may be furnished by the other owners and recovered
    of the owner neglecting to pay in a civil action, together with costs of suit and reasonable
    attorney's fees. Such civil action may be brought in the name of and by the road
    association created pursuant to this subchapter and the decision to bring that civil action
    may be made by the commissioner or board or as otherwise provided for in the road
    association's bylaws. The commissioner's or board's apportioning of the cost of repairs to
    the road undertaken pursuant to the provisions of section 3101 may not exceed 1% of an
    individual owner's municipal property valuation in any calendar year.


    §3104. Penalties and process
    Money recovered under sections 3102 and 3103 is for the use of the owners. In any
    notice of claim or process for its the money's recovery, a description of the owners ingeneral terms as owners of parcels of land benefited by the private road, private way or
    bridge, clearly describing each owner's parcel of land by the book and page number of the
    owner's deed as recorded in the county's registry of deeds and the private road, private
    way or bridge, is sufficient. If the private road, private way or bridge is shown on a plan
    recorded in the county's registry of deeds, the plan's recording reference is sufficient.
    Such process is not abated by the death of any owner or by the transfer of any owner's
    interest. Any money owed pursuant to section 3101, 3102 or 3103 is an obligation that is
    personal to the owners of the subject parcels, jointly or severally, and also burdens the
    parcel and runs with the land upon the transfer of any owner's interest. The commissioner
    or board may cause to be recorded in the county's registry of deeds a notice of claim for
    money owed pursuant to section 3101, 3102 or 3103 that is more than 90 days delinquent
    and may add to the amount owed the recording costs. The recording of such notice does
    not constitute slander of title. Before recording such notice or service of process of a
    complaint for collection in a civil action, the commissioner or board shall give the owner
    against whom such action is to be taken written notice, in the same manner as written
    notices of meetings are provided for in section 3101, of the intended action if the debt is
    not paid within 20 days of the date of the written notice. This written notice to cure must
    be sent at least 30 days before the recording of the notice of claim or the service of
    process of the complaint for collection in a civil action.

    I'm hoping that MARA will find assistance and prepare a suggested document format that will replace the lien format creating a Notice of Claim. I plan to do so myself as an amatuer using the lien format as a guide.
    Good luck.



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