[WSBARP] HOA Dues Question

[Rob Wilson-Hoss]

Richard, Almost always the lien filing is not directly related to the
statute of limitations. The statute is very probably six years, based on
writings, but the six years run from the date of delinquency. A lien filing
is simply notice of the lien that is established by the governing documents.


 

You have to look carefully at each HOA's governing documents, including plat
maps and covenants and so on to determine what exactly the lien is and when
it arises. The better ones establish a relation back lien that arises the
date the declaration or plat map is recorded; the less useful are the ones
that say that a lien arises upon delinquency. That may matter in your
thinking as well. 

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose.  To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
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the right to seek advice of legal counsel.

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Monday, November 09, 2015 10:11 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] HOA Dues Question

 

It is Monday and my brain has not caught up yet:

 

1.       HOA (to be clear, not a condo) is saying dues are owing on a
property for the last 4 years;

2.       Governing documents do not require that a lien be filed but that
HOA has option.  None was ever filed which would trigger that process.

3.       This is not a foreclosure.

 

Am I correct that essentially this is a 6 year statute of limitations issue
such that the dues are owed or am I missing something?

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