[WSBARP] HOA Lien Statute of Limitations Question

Wed Mar 11 13:13:48 PDT 2015

The first question that must be answered is whether the association is a condominium under RCW 64.32 or 64.34, or an HOA under RCW 64.38.  The email below refers to 64.38 first.  If that act applies, then neither RCW 64.32 or 64.34 apply, and there is no statutory authority for a lien under RCW 64.38.  Any lien for assessments for a non-condo HOA would have to arise from the declaration of covenants.

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Wednesday, March 11, 2015 12:52 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] HOA Lien Statute of Limitations Question

The lien is imposed when amount is due therefore action must be started within 3 years after the amount is due regardless of whether a written recorded lien is filed or recorded.

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Ross Gardner
Sent: Wednesday, March 11, 2015 11:39 AM
To: WSBA Real Property Listserv
Subject: [WSBARP] HOA Lien Statute of Limitations Question

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 <tel:%28425%29%20870%20-%204430> 

http://www.rossgardnerlaw.com/ 

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