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Maine Alliance for Road Associations

Enforcing payment

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  • 08 Jul 2009 9:37 PM
    Message # 193153
    Deleted user
    Assuming the association successfully prosecutes a small-clams action against a non-payer, is a lien the only execution option available to the association, or may property (such as funds from a bank account) be seized in the alternative?
  • 28 Jul 2009 2:08 PM
    Reply # 200578 on 193153
    Deleted user
    The next logical step after prevailing in Small Claims is usually a Financial Disclosure Hearing.  This process just about gives you sopena power to have the debtor produce almost any financial records you deem pertinent.  This is all through a judge of course.  I have not done this but have read up on it a bit.  I am loathe to do this as it involves more filings, fees, etc.  It looks like the process is a bit less involved than the Small Claims procedure.  Once the debtor is proven to have the ability to pay, there are a couple of more hoops to jump through but the further you go in the process, the more serious the punishments are for the debtor to ignore.  If the debtor has no assets, then it is a dead end.  I am researching the lien process now.  It is probably the way we will prefer to go after Small Claims.
  • 29 Jul 2009 6:10 AM
    Reply # 200840 on 193153
    Deleted user
    Case in Bridgton Court:  Judge ruled that the defendant did not have to pay for a road which extended beyond their home.  He ruled that this was unfair and unequitable.  This set a precedent, so therefore, other cases could follow suit.  He did rule that the portion of the road up to and including their residence was "used" by the owner, therefore they should pay their portion....I will try to look up the case.
  • 29 Jul 2009 10:44 AM
    Reply # 200943 on 200840
    Deleted user
    Patricia, was this an association organized under the Private Ways statute?  If so, the judge's ruling is in conflict with the plain language of the law.

  • 29 Jul 2009 11:26 AM
    Reply # 200965 on 193153
    Deleted user
    An argument that I would put forward (that applies in Windham) is that the town plows and picks up trash.  It does this because the road is a certain width and there is a certain sized circle at the end allowing the large vehicles a safe way to turn around (which also helps with fire protection).  This, to me, says that all those that live on the road benefit from the entire length of the road.  The cost of those services (plowing/trash pickup) would dwarf any dues we might apply.  Just my thoughts.
  • 30 Jul 2009 6:57 AM
    Reply # 201313 on 200943
    Deleted user
    Todd Tolhurst wrote:Patricia, was this an association organized under the Private Ways statute?  If so, the judge's ruling is in conflict with the plain language of the law.

    Yes, Association has been in effect for fifty years.   They hot-topped a portion of the road beyond the owners cottage, in front of the millionaires mansion,  but did not do the portion of the road leading to the cottage, thus causing a hardship on the owner.  The millionaire just wanted his home to look "beautiful".  Thus the judge ruled that it was unfair.
  • 30 Jul 2009 7:11 AM
    Reply # 201315 on 193153
    Paving is not covered under the statute.
  • 30 Jul 2009 9:03 AM
    Reply # 201341 on 201315
    Deleted user
    Betsy Connor Bowen wrote:Paving is not covered under the statute.
    I realize that - but it was considered patching to stop some erosion, which
    incidentally comes back every year, and they want it repaired "every" year.
    They said that they statute requires all road abutters have to pay their portion, but all abutters do not get their share repaired.  The judge was very emphatic on this point....that if you do not "use" the road, you are not liable for it's repair and maintenance because the millionaires live a mile from the beginning of the road.....but wants everyone to help payfor the portion that goes to their home at the end of the road.
  • 24 Aug 2009 7:25 AM
    Reply # 210504 on 193153
    Deleted user
    Question came up aboutas to what it alluded to in the deed.  The actual termination was "road dues must be paid from the demised property to the main road".  Not beyond,.......
  • 18 Oct 2009 10:35 AM
    Reply # 232019 on 193153
    If there are two roads included in the association and several residents on one road are late in paying there plowing fees (under 30 days), does the association have the right to cancel the plowing contract (which was voted on and agreed to by the entire association) and leave the residents on that road to deal with plowing on their own? (which was not voted on by the association but decided by the executive committee)
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