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: _____________
*****************************************************************