[WSBARP] Condo Association Liens & BK

[Richard Holland]

Often, the Condo Declaration makes them an automatic lien on becoming delinquent (the declaration being seen as the 'recorded notice')  - but this isn't always the case.  You would need to look at the Declaration to see.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Dave Culbertson
Sent: Thursday, May 21, 2015 11:17 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Condo Association Liens & BK

Hello, Listmates.
I'm not a real estate lawyer, so my question comes from my bankruptcy practice. I'm looking to understand when and how liens are created for unpaid monthly assessments for a condominium and/or HOA. Is a lawsuit and judgment required, or are they created by statute upon failure to pay, or can the Condo agreement alone create them? I'm asking because I thought we had discharged pre-BK condominium monthly assessments in a BK, and there was no court action to create a lien, but my client is hearing from the Condo association that they believe they have a lien for pre-BK assessments that they can enforce. I'd like to have a better idea of the lay of the land before I get involved.
Thanks.

Best Regards,

Dave Culbertson

The Law Office of Davisson Culbertson, PLLC
19909 Ballinger Way NE
Shoreline, WA 98155

Phone: (206) 478-8134
FAX: (866) 867-7796
dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>

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