[WSBARP] HOA "Continuing" Lien and Foreclosure

[Josh Grant]

non-condo

From: John M. Riley III 
Sent: Thursday, November 17, 2016 10:14 AM
To: WSBA Real Property Listserv 
Subject: Re: [WSBARP] HOA "Continuing" Lien and Foreclosure

Is this a condo or a non condo (i.e. subdivision) set of CC&R's?      

 

John M. Riley III
Principal | Witherspoon • Kelley
JMR at witherspoonkelley.com | Attorney Profile | vCard

     422 W. Riverside Ave, Ste 1100
      Spokane, WA 99201
      (509) 624-5265 (office)
      (509) 458-2728 (fax)
      witherspoonkelley.com
     

Confidentiality Notice: The information contained in this email and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return email, and delete the original message and all copies from your system. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Thursday, November 17, 2016 9:19 AM
To: wsbar
Subject: [WSBARP] HOA "Continuing" Lien and Foreclosure

 

My client is a HOA that recorded a lien for nonpayment of annual assessments for years  in 2013, 2014 and 2015.  Not sure if some of the earlier years’ assessments were paid, but 2015 was definitely not paid.  Now we have 2016 unpaid as well.  I am getting ready to judicially foreclose liens and I thought I would have to record a new lien for the 2016 assessment before I can foreclose based on the 2016 assessment.

 

My client thinks the following language in the CC&R’s prevents us from having to file a lien each year, once we have filed one of them, or at least once we file one and some portion of it remains unpaid:

 

    “Any annual... assessments, together with interest, costs, collection costs, and reasonable attorney's fees... shall be a continuing lien on the lot against which such assessment is made... The board shall have the right to publicly record a lien against title to a Lot evidencing the existence of this continuing lien.... The Board of Directors... may sue the Lot Owner personally obligated to pay and/or foreclose a lien against the Lot in the same manner as a mortgage of real property....”

 

    Also, the lien itself states:  “Principal Amount to Date for Which the Is [sic] Lien Claimed:  $15000 including:  and at this point the 2013, 2014, and 2015 lien amounts are listed] and then it reads “Plus continuing annual dues”.

 

Another issue is that the lien recites an added amount: “$189.00 Late Fees owing on Annual Dues”, however, I don’t see any provision for charging late fees in the CC&R’s.

 

Anyone have an opinion on whether we can tack on the 2016 assessment to our lien foreclosure action without recording a new lien? and on whether we can require late fees be paid?

 

Josh

 

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



--------------------------------------------------------------------------------
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20161117/7b856ff7/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: WK-Email-Logo_c39ae46e-8f64-41c9-b47d-7d62d54d7f68.png
Type: image/png
Size: 7508 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20161117/7b856ff7/WK-Email-Logo_c39ae46e-8f64-41c9-b47d-7d62d54d7f68.png>