I am about to record a "Notice of Extension" in the Registry. I plan to add the filing fees and cost of mailing to the amount of the original assessment on the Notice of Claim. You may add fee for Notary as a cost of collection. I will use my bank "Notary" for free and mail a copy  of the recorded Extension to the member in default by Certified mail, Return Receipt Requested. 

Our Association has filed several Notices of Claim and, as well, Notices of Extension.  When we have filed the extension notice, we have noted the accrued interest (allowed by our Bylaws) and additional small costs such as the fee for filing the extension.

We did have one instance where we missed the 18 month deadline for filing the Notice of Extension.  To address this, we simply filed a new Notice of Claim and, in the body of the notice, mentioned the filing date of the original Notice of Claim (including the Book and Page number).  I think that should be sufficient as long as the owner hasn't sold the property in the interval between the expiration of the 18 month extension and the date of the filing of the new Notice of Claim.

I have these documents and, if helpful, would be glad to share the specific language we used to address these issues.    

Since each association meeting where owners approve a member assessment has its own due date and default date 90 days later, I believe each assessment is best carried forward in the collection process as a separate entity associated with its own fees, interest penalties, and costs. We currently have one owner who refuses to pay. If we had more than one, the following protocol would apply to each delinquent owner.

I use a separate "advanced collection" folder dedicated to the delinquent owner for each meeting. Annually, I send a letter to the owner that lists past delinquent assessments separately and adds present charges in sum total. Our Association hopes to recover delinquent assessments when the property is sold (a distinct possibility) or remortgaged. The $2500 currently outstanding does not seem worth the turmoil of direct legal confrontation.

On the topic of  the "missed 18 month deadline", I'm not an attorney; I basically agree that the above solution should work with one possible addition:

The original Notice of Claim (NOC) has fully expired. Since the mailing of a "20-Day Notice" and withholding the recording of the associated NOC until 30 days thereafter are closely linked in 23 MRS §3104, I would issue a new 20-Day Notice prior to renewal of the expired NOC to be on the safe side.

Because the lapsed NOC was no fault of the delinquent owner, I would not charge for the costs of renewal. 

I would like to rescind the above response. Attorneys Denison and Cunningham have agreed that once an Extension of Notice of Claim has expired after 18 months it cannot be "renewed" by another extension or Notice of Claim. See Discussion Forum post #10565714, May 27, 2021.

Roberta,

If you and I are among the long-term tax payers referenced in your second paragraph, then I agree that, for us, keeping records on delinquent owners, recording claims and extensions, can be daunting. I do not find the process "senseless". Please let me explain.

A claim arises from a duly called meeting when an assessment enters delinquency after approval by a majority of owners voting in person or absent and voting by proxy or absentee ballot. In our association records, each delinquent claim is given a folder to hold all related documents and receipts for costs of collection. Each claim then follows a distinct and separate process through to settlement. Placing myself in the position of the court, I fear any attempt at cumulative recording of multiple claims would hopelessly confuse time intervals, recording dates, and costs per claim at settlement.

I would prefer a longer extension period (say, every 2 years). I see no evidence in Mary Denison’s above referenced response that recommends extensions be recorded annually to reduce confusion. That makes little sense to me and it is unfair to the delinquent owner who must eventually pay costs of recording. 

To avoid confusion, I have a hanging file labeled, “Delinquent Claims, NEXT!” It contains a stack of papers binder-clipped in chronological order; copies of collection worksheets (see Resources Page), one for each delinquent claim, containing the owner's name, type of association meeting, date, assessment amount, and, penciled in the upper right corner on the sheet at the top of the pile, the upcoming date for recording the next notice of claim or extension. I put these dates in my calendar for the coming year. After the delinquent claim at the top has been recorded, I pencil in a new recording date 18 months hence, and place the sheet on the bottom of the stack. More details of our process may be found in this year’s MUDSEASON newsletter. This has worked well for me over the last several years.

I have found it ungodly easy to make a mistake filling in the detailed information required on the extensions. Some of my recorded extensions have errors. I can only hope they are inconsequential in the eyes of the court. John Cunningham has warned me that a mistaken date or other entry on an extension can invalidate a claim. Our vice-president now checks the accuracy of my claims prior to recording. I hope this helps.