[WSBARP] Fines by HOA - Liens

[Mary Stone]

I recently researched this and tried to argue for lien rights where there were no covenants and no provisions for payment of road maintenance.  The only case out there that I could cite was a Snohomish County trial court order (Mt. Index) that gave lien rights.  My trial judge said he didn’t have that authority to grant lien rights, but he did have authority to require everyone to pay for road maintenance based on Busby and Mt. Dallas.

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Tuesday, November 7, 2017 11:24 AM
To: wsbar <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Fines by HOA - Liens

 

I thought it was well settled that if a HOA ‘s  CC and R’s did not provide for the ability to file liens for unpaid fines, that that is simply not available.  This is because there was no notice of this at the time the member purchased the lot.

We had a recent listserve entry that made me think that this isn’t well settled.?  and I have a HOA client who would love to file liens on unpaid fines.

 

what say you?

 

Josh

 

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

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