For ROAD ASSOCIATIONS Formed Under TITLE 23

SUGGESTED COLLECTION PROCEDURE

for ROAD ASSOCIATIONS formed under TITLE 23.

The following is a summary of the collection procedure authorized under 23MRSA §3101-§3104. (Note: Any review of this procedure and comments as to where these Sections may have been misinterpreted is welcome.) The following action assumes that the Board of Directors/Officers or the Road Association has not waived payment requirement by the delinquent property owner.

Collection Procedure Timing under 23 MRSA §3104:

1. Set a firm date when fee payments are due; by majority vote or bylaw and stated in the Minutes of the annual meeting is suggested.

2. If payment is not received within 90 days of the firm due date, collection action can begin.

3. After the 90 day period has expired send a “written notice” stating that the fee is overdue and if payment in full is not received within 30 days, then a Notice of Claim may be filed at the Registry of Deeds. This is a claim, not a lien. A letter [sent via USPS Certified Mail; Return Receipt] is suggested although email is authorized, both methods simultaneously are advised. The USPS Certified Mail, Return Receipt option will give you evidence that the letter was sent. If the delinquent person refuses to pick up and sign for the letter, the Post Office will so notify. The notification can be done electronically by the P.O.

4. If payment is not received within 30 days of the written notice, a Notice of Claim can be recorded at the county Registry of Deeds. The “written notice” must be sent at least 30 days prior to recording theNotice of Claim.

5. After recording of the Notice of Claimwith Book and Page stamp appliedby the Registry, it is suggested that a copy be mailed to the delinquent property owner, to the Officers and Directors of the road association, to any involved Real Estate Agency.

· If the owner or occupant of the real estate to whom the road fee has been billed has died, this demand may be made upon the personal representative of the owner's estate or upon any of the owner's heirs or devisees.

· The Road Association has the policy to apply all payments to the oldest outstanding road fee obligation. If you are uncertain of the status of fees on the above-described property, contact the Road Commissioner or Treasurer.

[Sample “Written Notice” Form for Pending Notice of Claim]

______ROAD ASSOCIATION

30-DAY COLLECTION NOTICE

NOTICE OF CLAIM - 23 M.R.S.A. §3104

To: ______(Current Owners of the subject property)

______

______, ______

I, ______, Road Commissioner (or Treasurer) of the ______Road Association located in ______, Maine in the County of ______, hereby give you this notice that fees of $____.__ for the road maintenance fee for the year ______remains unpaid.

The fees were assessed to real estate described as follows: Map ___ , Lot ___ at ______Road, ______, ME

and was assessed against ______, owner(s) thereof.

A NOTICE OF CLAIM is hereby established on the above-described real estate to secure payment of the road fees. PAYMENT of said fees and the certified mail, return receipt requested fee of $___.__ for the sum total of $___.___ IS HEREBY DEMANDED OF YOU WITHIN THIRTY (30) DAYS FROM TODAY’S DATE, WHICH IS THE DATE OF SERVICE OR MAILING OF THIS NOTICE. [ Once again the law appears to say 20]

Dated at ______, ______Road, ______, Maine, this ____ day of ____, 20___.

* Include regular postage plus Certified Mail and Return Receipt.

Make payment payable to:

NOTICE OF CLAIM

FOR NON-PAYMENT OF ROAD ASSOCIATION ASSESSMENT

NOW COMES ______, Road Commissioner (or Treasurer) of the ______Road Association of ______, Maine and after being duly sworn and under oath, states that the following is true based upon his own personal knowledge and the records of the Association.

1. I am Road Commissioner (or Treasurer) of the ______Road Association of ______, Maine.

2. The ______Road Association is a road association created and existing pursuant to Maine law 23 MSRA §3101 to §3104 and an Annual Meeting was duly called and held

______, 20__ for the purposes of maintaining of ______Road in

_____(town)_____, Maine for a twelve-month period from ______to

______and the assessment of maintenance fees on the property owners on

said road(s) as provided for in said State law.

3. ______is/are the owner(s) of land on ______Road, ______, Maine pursuant to a Deed to him/them dated ______and which is recorded in the ______County Registry of Deeds in Book _____, Page ___.

4. Said owner(s) have refused and continue to refuse, to pay the assessment of $______for the year beginning ______, 20__ and ending ______, 20__, which was due to be paid by ______, 20__.

5. The ______Road Association, pursuant to 23 MSRA §3103 and §3104, has the authority and standing to enforce the payment of and to collect the assessment plus interest and costs.

6. Notice is hereby given that the said current owner and any new owner(s) of the lot, if said assessment, interest and costs are not paid, are subject to the rights of the Association to seek full payment of the unpaid assessments, interest and costs, which is a debt that runs with the land.

7. Anyone interested in obtaining additional information or a release of this claim may contact ______, Road Commissioner (or Treasurer), ______Road Association, ______Road, ______, Maine 04___. Telephone Number (207)______.

Dated: ______,20______,

Road Commissioner (or Treasurer)

______Road Association

____(Road Address)______

_____(town)____, Maine

State of Maine

County of ______, 20__

Personally appeared the above named ______, Road Commissioner/Treasurer of ______Road Association and acknowledged the foregoing instrument to be his/her free act and deed in his/her said capacity and the free act and deed of said association.

Before me,

DISCHARGE

ROAD ASSOCIATION NOTICE OF CLAIM

23 MRSA §3101 to §3104

KNOW ALL PERSONS BY THESE PRESENTS

That I, ______of ______, Maine, in my capacity as Road Commissioner/Treasurer of the ______Road Association, do hereby acknowledge that on the __ day of ______, 20__, I have in my said capacity received full payment and satisfaction of the claim created, in accordance with the provisions of 23 MRSA §3101 to §3104, as amended, by the recording of a Notice of Claim on ______, 20__ in the Registry of Deeds for the County of ______(certificate recorded in said registry in

Book _____ at Page ____) and the debt thereby secured, and in consideration thereof I do, in my said capacity, hereby cancel and discharge said claim.

In witness whereof, I, said ______in my said capacity of Road Commissioner of the ______Road Association, have hereunto set my hand and seal this _____ day of ______, 20__.

______(signed)______

______, Road Commissioner/Treasurer

______Road Association ______(road)______

____(town)_____, Maine ______

STATE OF MAINE

______, ss. ______, 20__

Before me, ______

Notary Public

Revised 4/10/2016 (P.E.Dunn)