[WSBARP] No Super Priority Lien for Non Condo HOAs? RCW 64.34.364 Inapplicable.

[Rowley, Rob]

Assume standard non-condo residential homeowners association records
lien against
one of its lots for an owner who never pays.  Lien grows in excess of six
years and association starts and abandons lien foreclosure.  Big bank
forecloses on underlying deed of trust of the recalcitrant homeowner and
sells at auction to real estate investor.  Homeowners association wants to
collect in excess of six years.  I looked at the CCRs and see nothing
allowing for survival of the lien post foreclosure. Real estate investor
swears up and down the Association is barred to the six months as all of
his fellow investors are saying the same thing.  I know that the balance
beyond six years would be barred by the contract statute of limitations.



I'm aware of a section under the Condo Act dealing with a six-month
limitation on dues that an Association can to collect RCW 64.34.364. I
can't find anything similar for a non-condo homeowners association.



When I ask my favorite title office below is her response.  Even she got it
confused.

"Hi Rob!  Received your message regarding “super liens” – you may want to
check out RCW 64.34.364 – it is my understanding that those priority liens
need to be established in the CCR’s to be legally effective to survive a
foreclosure.  However, from a title perspective, we tend to be cautious
about them and if there is an HOA lien recorded, we will continue to show
it after the sale and make the new owner cure or negotiate a release with
the HOA if the priority standing is unclear.  I think from a “legal”
perspective, the RCW above lays out the conditions and stipulations.  Hope
this helps and hope you have a great weekend!"

​Suggestions?​

*Robert R. Rowley*, Attorney at Law

7 S. Howard St., Suite 218

Spokane, WA  99201

T: (509) 252-5074

C: (509) 994-1143

F: (509) 928-3084

E: rob at rowleylegal.com

W: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



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