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RePOST: in maine, can a home owners association place a lien on your home for non-payment of an assessment directly applied to the maintenance of non-association property. the association board wants people to pay for mowing a median strip owned and deeded to the city. we already pay for maintenance through taxation but the city does not want to mow often enough. the board says it has the athority because a bylaw says "any common benefit" thanks,
Additional Info requested by IAAL: o.k. here is the exact wording under purpose of assessments (some dont appear to apply)
(a) the cost and management of snow removal if not publicly provided (the road has been accepted/deeded to the city)
(b) maintenance, repair and replacement of the roads as shown on the plan, which roads shall remain private UNTIL or UNLESS the association brings the roads to a level of acceptability under the then existing road standards of the city and the roads are made public, as well as all electrical and telephone cables, water, sewer and drainage pipes, equipment and facilities located in the common areas; (i thought this explained it, but I guess its more complicated)
(f) such other common benefits on such terms as the directors may determine from time to time.
also, if bylaws can so easily be changed and the Declaration can be ammended by the members, what good is any of the info. Our articles of incorporation are supposed to govern but they do not contain any specifics and direct us to Maine non-profit corp act which in parts refer back to the bylaws. Holy confusion.
thanks,
Additional Info requested by IAAL: o.k. here is the exact wording under purpose of assessments (some dont appear to apply)
(a) the cost and management of snow removal if not publicly provided (the road has been accepted/deeded to the city)
(b) maintenance, repair and replacement of the roads as shown on the plan, which roads shall remain private UNTIL or UNLESS the association brings the roads to a level of acceptability under the then existing road standards of the city and the roads are made public, as well as all electrical and telephone cables, water, sewer and drainage pipes, equipment and facilities located in the common areas; (i thought this explained it, but I guess its more complicated)
(f) such other common benefits on such terms as the directors may determine from time to time.
also, if bylaws can so easily be changed and the Declaration can be ammended by the members, what good is any of the info. Our articles of incorporation are supposed to govern but they do not contain any specifics and direct us to Maine non-profit corp act which in parts refer back to the bylaws. Holy confusion.
thanks,