[WSBARP] HOA priority lien - non-condomium act HOA's

[Josh Grant]

I understand that under the Condominium Act RCW 64.34 that an association has a “super-priority” at least for 6 months of assessments, over prior recorded security interests (as long as the CC&R’s are recorded 1st). This was the ruling in:  In BAC Homeloans Servicing v. Fulbright 180 Wn 2d, 754 (2014) “a future lien for unpaid condominium assessments is established at the time the condominium declaration is recorded, even though it may not be enforceable until the unit owner defaults on his or her assessments, if ever.”

Is there similar authority for a HOA “super-priority” when the HOA is not under formed under the Condominium Act?  I think this was discussed before on this listserve and this super priority doesn’t exist for other HOA’s. ?

Thanks

Josh

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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