[WSBARP] HOA lien collection

Wed Jan 4 11:40:50 PST 2017

If the covenants were amended to provide for a lien, it would be a common law lien and not one under Title 60 which is inapplicable and should not be referenced.  In my opinion, if the covenants were properly amended to give the association, on proper notice, the right to terminate utilities which they provide for non-payment of those expenses, it would be proper and enforceable.  One caveat, make sure it is the association and not the attorney who gives notice of intent to terminate to avoid potential FDCPA problems.

Jim Strichartz

Attorney

Fellow, College of Community Association Lawyers

Law Offices of James L. Strichartz

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Seattle, WA 98109-4824

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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 11:27 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] HOA lien collection

Thanks, I forgot to mention that there is currently no authority in the covenants.  I suppose the follow-up question would be if the covenants were amended, would authority then exist (i.e., may a lien right be created outside of Title 60 RCW?)

	On January 4, 2017 at 10:53 AM "John M. Riley III" <JMR at witherspoonkelley.com> wrote:

	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> 

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Spokane, WA 99201
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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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