[WSBARP] HOA lien collection

[Tom J. Westbrook]

Scott,

 

You should consider whether the act of turning off water is a constructive eviction that could expose the HOA to damages greater than the amount of the lien.

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

 

Rodgers, Kee & Card, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

 

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

 

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John M. Riley III
Sent: Wednesday, January 04, 2017 10:54 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] HOA lien collection

 

Are there covenants for the development that address the issue?  If so, what do they say?   As a recent email on HOA liens, I believe by Mr. Strichartz, said, there is no lien right in the statute. 

 

John M. Riley III
Principal | Witherspoon • Kelley
JMR at witherspoonkelley.com | Attorney Profile <http://www.witherspoonkelley.com/john-riley-1> | vCard <http://www.witherspoonkelley.com/s/jmr.vcf> 

 

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


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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott scottgthomaslaw.com
Sent: Wednesday, January 04, 2017 10:24 AM
To: WSBA Real Property Listserv
Subject: [WSBARP] HOA lien collection

 

I have a group of clients that have approached me with a question that I have not been able to find an answer to: may an HOA, pursuant to Chapter 64.38, enforce a lien for non-utility related charges, fees, and assessments payable to the HOA by terminating water service for a delinquent homeowner?  HOA owns the water system.  I am aware that local governments have that authority per RCW 35.21.300, but do non-governmental entities also have that authority?  

All thoughts appreciated.  

Thanks.

Scott G. Thomas
Law Office of Scott G. Thomas
1204 Cleveland Avenue
Mount Vernon, WA 98273
(360) 503-1042
www.scottgthomaslaw.com

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