[WSBARP] HOA Lien Statute of Limitations Question

Wed Mar 11 15:04:25 PDT 2015

Great, thank you both for you feedback, I appreciate it very much!

Best,

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

http://www.rossgardnerlaw.com/

On Wed, Mar 11, 2015 at 1:13 PM, James L. Strichartz <jim at condo-lawyers.com>
wrote:

> 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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> Bryce H. Dille
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> Campbell, Dille, Barnett & Smith,  PLLC
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> *From:* wsbarp-bounces at lists.wsbarppt.com [
> mailto:wsbarp-bounces at lists.wsbarppt.com
> <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
>
> http://www.rossgardnerlaw.com/
>
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-- 
Best Regards,

Ross Gardner, J.D.
425-870-4430
RossGardner.JD at gmail.com
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