[WSBARP] Old Condo Law Collections

[Paul Neumiller]

Listmates:  I am attempting to collect delinquent dues for a Horizontal
Property Regimes Act condo association.  In reading RCW 64.32.200, it
seems pretty clear:  “Where the mortgagee of a mortgage of record or other
purchaser of an apartment obtains possession of the apartment as a result
of foreclosure of the mortgage, such possessor, his or her successors and
assigns shall not be liable for the share of the common expenses or
assessments by the association of apartment owners chargeable to such
apartment which became due prior to such possession.”

What if the lender foreclosed BUT didn’t give notice of the foreclosure to
the Condo Association.  Can I argue (with a straight face) that the back
assessments are still owed because the Association is not a sold-out
junior lienholder because the Association didn’t receive the appropriate
notice in order to protect itself?

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