[WSBARP] HOA lien perfection?

[John M. Riley III]

Assume a non condominium subdivision declaration of covenants that grants the association a lien for unpaid assessments and is clear when the lien is created (nonpayment by a stated number of days after due date) and that it is a lien on the owners lot,  but is silent on the subject of notice of lien and recording same.   Anyone made or responded to a claim asserting association issuance and recording of a notice of lien violates the covenants as conduct  not allowed or exercise of authority  not granted to the association thereunder?  RCW  64.38. 020, association powers,  does not use the words lien or notice of lien.

John Riley



John M. Riley, III
Principal | Witherspoon • Kelley
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Doug Schafer
Sent: Thursday, January 28, 2016 12:54 PM
To: Robert Dunphy; WSBA RPPT Real Prop. Discussion Forum
Subject: [WSBARP] HOA lien perfection?

I'm also interested in this question, since I recently began representing a small condo association with rampant disputes among members. From the statute, it appears that the recorded declaration of condominium sufficiently gives notice to title companies of the possibility of a statutory lien for unpaid assessments.  So I am wondering why any COA should ever incur the expense of preparing and recording a Notice of Lien for unpaid assessments.  The county does not record a notice of lien for unpaid property taxes.  The COA can foreclose its statutory lien without having ever having recorded a Notice of Lien, so why record one?

I am cross-posting this to the RPPT-RealProp listserv, and I will cross-post any responses from that listserv to the solo & small practice section listserv.

Doug Schafer, in Tacoma.
On 1/28/2016 10:49 AM, Robert Dunphy wrote:
Listmates,

I live in an HOA where the declaration has been recorded and grants priority liens for unpaid dues.  Per the RCWs, I believe this is enough to perfect any liens for unpaid dues?  However, no HOA lien shows up on title searches because nothing has been recorded since the original declaration.

Does the HOA need to do anything else to claim the lien on the property?  Or how do we make sure the lien shows up on title searches to make sure we are paid?
Thanks!
-Robert D

You are currently subscribed to solo-and-small-practice-section as: schafer at pobox.com<mailto:schafer at pobox.com>.

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