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Maine Alliance for Road Associations

Modifying the statutory association claim form for a nonprofit corporation.

  • 05 Apr 2016 3:28 PM
    Quote
    Message # 3930774
    Anonymous

    Our association is a mutual benefit nonprofit corporation . I understand from page 12 of A Guide to Forming Road Associations that we may record a notice of claim for unpaid dues if made in compliance with 23 M.R.S. §3104. Would it be appropriate to modify the claim form given on this site for statutory associations by replacing “created and existing pursuant to Maine Law at 23 M.R.S.A. §3101 to 3106” in paragraph 2 with “created and existing pursuant to Maine Nonprofit Corporation Act: Title 13-B”? Or must there also be some reference to complying with 23 M.R.S. §3104?

    It has been suggested by some on this site that our only recourse is small claims court – is the Guide correct that we may record a claim as per Title 23?
  • 06 Apr 2016 7:34 AM
    Quote
    Reply # 3931729 on 3930774
    Anonymous member

    I asked Cliff Goodall about this at one of his info sessions as we are also a recent Private, Nonprofit RA.  He said that we can use the Notice of Non Payment method as long as our Bylaws refer to the ability to collect on overdue payments. He did say we did not have to specifically mention the use of a Notice in our Bylaws--just use a broad expression as used in the sample Bylaws. Of course, it can only be used for "members" who agreed to the Bylaws,as recorded, unlike the Statutory RA process.

    He wasn't specific on wording of the Notice but I have assumed that we would use the same form but edit it to refer to our Bylaws. I don't think you could/would reference SS 3101 since it doesn't apply to non profits. 

                            The Maine Alliance for Road Associations


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