[WSBARP] Condo Association Liens & BK

[Bryce Dille]

If it is a condo assoc lien the SL is 3 years I believe

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Bryce H. Dille
Campbell, Dille, Barnett & Smith,  PLLC
P.O. Box 488
Puyallup, WA  98371
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bryced at cdb-law.com<mailto:bryced at cdb-law.com>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of James L. Strichartz
Sent: Thursday, May 21, 2015 3:18 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Condo Association Liens & BK

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<http://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/>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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
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dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>

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