[WSBARP] Condo Association Liens & BK
James L. Strichartz
jim at condo-lawyers.com
Thu May 21 15:17:37 PDT 2015
Dave,
If it is a condominium, there is an automatic statutory lien pursuant to
RCW 64.34.364, no perfection necessary. If it is a non-condo HOA, then
you need to look at the declaration of CC&Rs to determine what, if
anything, is needed to perfect the lien.
Please check out our new website, now live at www.condo-lawyers.com.
Jim Strichartz
Attorney
Law Offices of James L. Strichartz
201 Queen Anne Avenue North, Suite 400
Seattle, WA 98109-4824
jim at condo-lawyers.com <mailto://jim@condo-lawyers.com/>
http://www.condo-lawyers.com <http://www.condo-lawyers.com/>
http://www.linkedin.com/in/condolawyer
<http://www.linkedin.com/in/condolawyer>
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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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