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

Tue Dec 20 16:26:03 PST 2016

There is no statutory basis for a six-month super-priority lien for non-condo HOAs.  There is no statutory basis for any liens for HOA assessments.  Theoretically such a super-priority lien could arise based on the language of the covenants, but I am not familiar with any such provisions.

Jim Strichartz

Attorney

Fellow, College of Community Association Lawyers

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 Josh Grant
Sent: Tuesday, December 20, 2016 4:02 PM
To: wsbar
Subject: [WSBARP] HOA priority lien - non-condomium act HOA's

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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