[WSBARP] lien rights

[Rob Wilson-Hoss]

As to the power of an HOA to lien when the governing documents do not
specify, 

 

d. Lien securing assessment obligation. Because assessments are vital to the
economic health of a common-interest community, the governing documents
normally provide that the assessment obligation is secured by a lien against
the individually owned property. Unless such a lien provision has been
expressly excluded, a lien for unpaid assessments may be implied using the
court's traditional power to impose an equitable lien when appropriate to
secure payment of an obligation. The implied lien should have the same
characteristics as those normally included in the governing documents of
similar common-interest communities.



Restatement (Third) of Property (Servitudes) § 6.5 (2000)

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
 <mailto:rob at hctc.com> rob at hctc.com

 

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the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
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