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madaretsel

Junior Member
What is the name of your state? Maine

I sued my road association (a ME not-for-profit corporation) in small claims for breach of contract as they refuse to maintain the road that me and 3 other homes are situated on, as mandated by the bylaws. Judgment was rendered in favor of the association. Rather than dismissing the case, the judge stated that he had no authority to make a declaratory judgment regarding the ass'n documents. I know this to be false, because associations routinely use the small claims court to recover unpaid dues, and would need to use the same documents to prove right to recovery.

SO, here's my question. Now that we know what documents to submit with the Statement of Claim to help get a judgment in our favor, can a different member of the association on the same road, file the same claim without being barred?

In each lot owner's deed, one of the covenants specifically states, "9. Grantee, for himself, his heirs, personal representatives, successors and assigns, covenants and agrees to pay annually equal shares per deeded building lot of the cost to maintain all the toads and common areas shown on said Plan of XYZ and to become a member of XYZ Lot Owners Association, a Maine non-profit corporation which is organized for the purpose of maintaining and regulating said roads and common areas within the Plan of XYZ and to otherwise comply with the Bylaws and Regulations of said Association, a copy of which has been furnished to Grantee. Grantee’s assessment in this regard shall be paid promptly when the same becomes due." I obviously substituted XYZ for the actual name.

Thank you.What is the name of your state?
 



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