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Maine Alliance for Road Associations

Do we need to have a new notice of claim prepared if payment has not been made for prior claim filed?

  • 22 Dec 2017 4:38 PM
    Message # 5646532

    A Member asks: 

    Once the first notice of Claim has been filed -( a few years ago we filed it at the registry of deeds for two years of deliquency) . The owner is still deliquent and two more years have passed. Do we need to have a new notice of claim prepared for these current deliquent years or is there some sort of form that can be attached to the original claim stating the current amount due?

    Peter Dunn replies:

    For my own road association I have created and recorded liens (now Notice of Claims) on four properties over the last six years as my poor memory recalls. I also recall that all were delinquent for at least two years and I recorded one document lien/notice of claim for each of the properties even with the two year delinquency;at least the Cumberland County Registry accepted them. If you look at the online registry data you will see that the Registry has to classify the document into one of several categories and currently "Notice of Claim" is not one of them but "Lien" is. I always made sure the word "lien" showed up on the document, perhaps in parentheses. I know some road association officers don't care for this but if it works why not! It makes their filing work easier and I want the staff at the Registry to be friendly toward my road association.

    I do suggest that if possible you begin the collection process to prepare and record your notices of claim based on one year of delinquency. If I have another delinquency situation you can be sure I will move rapidly and try not to lose a single day of possible recovery of road maintenance fees. I have had a 100% payment situation for the last three years since at our Annual Meetings I "advertise" what the 23 MRSA 3104 law allows. I may have made my 32 neighbors fearful of my "leining" options so out come their checkbooks.

    I also applied interest to the outstanding balances. At the time I was elected Road Commissioner in 2009, road associations were operated similar to municipalities. That, to me, is how Title 23 was originally written. When it came to collection matters municipalities had (and still do) the task of collecting delinquent property taxes. I immediately visited our town tax collector to learn how the town does it and in particular the lien process. I decided to follow the town and apply interest to the unpaid balance. In fact I used the same interest rate that the town used. I would do the same again. The interest application does not create much revenue but it does give the appearance and effect of a "club" (the wooden kind). Once again be aware that some road association fee collectors don't believe we have the authority to charge interest. I believe the law doesn't say that we can't. Of my four liens/notices, one was paid off by a bank, one by a realtor and two by a title company; none complained of the interest charge. 

    Don't forget next year on June 30, 2018, Notice of Claim(s) need to be extended in order for the claim which burdens the parcel to remain in effect.



    Last modified: 23 Dec 2017 10:32 AM | Anonymous member
  • 29 Dec 2017 4:33 PM
    Reply # 5652865 on 5646532
    Deleted user

    To answer the original question: a new notice of claim form needs to be filed each time. Once a form has been filed in a registry it remains and is not "added to". To amend any document in the registry whole new forms must be filed. I would, however, in the new notice of claim form you are going to file, be sure to reference the book/page number of the previously filed notice of claim as well note the total accumulated debt. With the new law created by bill LD 1311 setting expirations on notice of claims, you should get in the habit of filing a new form each year that includes all previous years' debt, and the newest current year's debt to keep your old notice of claim forms from expiring. Basically, now just figure that each year a dues is delinquent, a claim should be filed.

    To address one of Peter's comments regarding authority on charging interest, I would like recall this year's MARA conference discussion. My understanding of the discussion was that while the law doesn't necessarily allow for interest to be charged, it doesn't forbid it either. Therefore, I left with the attitude that associations could try to charge interest, and if it were paid with no objection great! However, if such a matter were taken to court, a judge might not grant the judgement to include the interest. And while this is just one attorney's opinion, for what it's worth, the one who helped our association establish flat out said we couldn't charge interest. 

    Last modified: 29 Dec 2017 4:42 PM | Deleted user

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