[WSBARP] Condo Association Liens & BK

Thu May 21 15:44:14 PDT 2015

That is correct under RCW 64.34.364, but the statute is tolled while the
owner is in bankruptcy.

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 Bryce Dille
Sent: Thursday, May 21, 2015 3:24 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Condo Association Liens & BK

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

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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.

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> 

tel:   206-388-0600

fax:  206-286-2666

Providing Tools for Successful Communities

This message is intended only for the individual or entity to which it
is addressed and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. If you are
not the intended recipient, or the agent responsible for delivering the
message to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly
prohibited, and you are requested to please notify us immediately by
telephone, and return the original message to us at the above address.
Opinions, conclusions and other information in this message that do not
relate to the official business of this firm shall be understood as
neither given nor endorsed by it. Although this message and any
attachments are believed to be free of any virus or other defect that
might affect any computer system into which it is received and opened,
it is the responsibility of the recipient to ensure that it is virus
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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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