how does our statutory Maine road association file a lien against members for non-payment of dues? Can we do this without using a lawyer? Can we also report non-payment to credit bureaus? If so how? Thanks!
1 Answer from Attorneys
A statutory road association may record liens for unpaid assessments. As a matter of Maine law, the Association can collect its assessments the same way a town collects taxes. These liens can be foreclosed on. However, care should be taken to avoid any improper recording; the Association does not want to face a slander of title counterclaim from the non-paying member or to have the lien ultimately found unenforceable due to some defect. It is prudent to go through an attorney to be certain that the lien is recorded in compliance with the law. Depending on the formality of the Association, you may have Bylaws that require the lot owner to pay the costs and reasonable attorney’s fees incurred in collection of the assessments.
As for credit reporting, that is less of a legal issue. I believe unless you are a subscriber to one of the 3 credit reporting agencies, it is not easy to report a single default such as this, the agencies will monitor public records and eventually grab the lawsuit or recorded judgment.
I hope that information is helpful. I would be happy to discuss this with you in more detail.