[WSBARP] HOA inherent powers?

[Richard Holland]

Thank you all for the responses.  The input helps pull things together in my head when otherwise I'd be staring at my office wall muttering "think Rich, think!"

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Richard Holland
Sent: Tuesday, April 03, 2018 10:53 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] HOA inherent powers?

Property owned by A with a DOT to Lender.  HOA for the property.  Lender forecloses and takes title by DIL.  HOA months later liens the property for unpaid dues by A.  Review of HOA Bylaws etc. does not specifically mention the power to lien the property for unpaid dues just the catchall 'any remedy at law or in equity'.  RCW 64.38 does not explicitly grant the power to lien but there are the 'catchall clauses':

(13) Exercise all other powers that may be exercised in this state by the same type of corporation as the association; and
(14) Exercise any other powers necessary and proper for the governance and operation of the association.

So two major issues, to me:  1) Can an HOA just inherently lien a property for unpaid dues when nothing expressly in the Bylaws gives them that power? 2) How can an HOA lien a property no longer owned by A for A's debt?

I understand that the Bylaws run with the land but, for example, if A had sold to B (assume GFPV), I don't see how in the world the HOA could do this to an innocent B.

Am I missing something obvious?

Sincerely,

Richard L. Holland

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