[WSBARP] HOA Lien Statute of Limitations Question

[Ross Gardner]

Hello All,



I have a statutes of limitations issue as it pertains to HOA Liens for
unpaid assessments.



RCW 64.38.050 allows an HOA to seek any remedy provided by law or equity
following a violation of RCW 64.38, which would include non-payment of HOA
assessment by association members.  From this, I went to the next closest
statute that provides for liens, the COA (RCW 64.34.364).  My first reading
of RCW 64.34.364 <http://apps.leg.wa.gov/rcw/default.aspx?cite=64.34.364>
regarding the statute of limitations seemed a little contradictory, and
although I think I have it sorted out now, I was hoping to have someone
either confirm my reading or correct my shamefully incorrect reading.  My
interpretation is that a lien is created under 64.34.364(1)
<http://apps.leg.wa.gov/rcw/default.aspx?cite=64.34.364> when an unpaid
assessment becomes due (does this mean that the lien is automatically
created, whether it is formally filed and recorded or not??).  Continuing
on, action must then be taken to enforce the lien within 3 years under
64.34.364(8) <http://apps.leg.wa.gov/rcw/default.aspx?cite=64.34.364> or
else the lien is extinguished.  So, does all this mean that you have 3
years from the original due date of the unpaid assessment, or three years
from the date that you record the lien?  My assumption that if it is the
latter, RCW 4.16.040 <http://apps.leg.wa.gov/rcw/default.aspx?cite=4.16.040>
would apply and the HOA could only place liens on amounts due from the
previous 6 years.



Thanks in advance for any insight you all can provide!

Ross Gardner

Attorney

The Law Office of Ross D. Gardner, Esq.

12909 Mukilteo Speedway, L406, Lynnwood, WA 98087

RossGardner.ESQ at gmail.com | (425) 870 - 4430 <%28425%29%20870%20-%204430>

http://www.rossgardnerlaw.com/
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20150311/660ade96/attachment.html>