[WSBARP] HOA Assessment SOL

Gregory L. Gilday cole-gilday at stanwoodlaw.net
Thu Jun 4 14:45:33 PDT 2015


I have a new HOA client who came in with an interesting situation: 
Homeowner purchased a lot within the HOA boundaries in 2007.  It is 
clearly a member lot of the HOA as the previous owner helped establish 
the HOA and routinely paid dues.  New owner has claimed he is not part 
of the HOA from the time he purchased in 2007 and has never paid 
anything (though he does utilize the HOA roads).  What is the statute of 
limitations on going after back due HOA assessments and dues?  Would it 
be 6 years as it is based on a written contract (CC&Rs), or would it be 
3 years (similar to a condominium association).  Also, is there a risk 
that the statute of limitations would prevent us from considering him a 
member?

Thank you in advance for any suggestions or pointers you can provide.
-- 

Very Truly Yours,

Gregory L. Gilday

Law Office of Cole & Gilday, P.C.

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