[WSBARP] SOL for HOA liens

[Rob Wilson-Hoss]

The lien typically doesn't matter, it is the actual date of delinquency that
does, and you are probably looking at 6 years based on the writings, the
governing documents. I think there are one or two unreported decisions that
say 6 years and that seems right to me, depending on the document language.
The lien is either just a statement of the delinquency, or a mechanism to
collect it, or both, but not the debt itself, usually.

 

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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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Friday, June 01, 2018 2:55 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] SOL for HOA liens

 

I don’t know of any statute of limitation on homeowner association liens,
nor any court cases that impute a statute of limitation.

A review of the HOA documents may be helpful, as they sometimes disclose
their own time periods.

 

John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98467

253-476-5721

j.mccrady at pstitle.com

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Miko Santos
Sent: Friday, June 01, 2018 1:57 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] SOL for HOA liens

 

Hello Listmates, 

  

Is there an SOL for HOA liens? Our client is an HOA and this HOA is trying
to foreclose on a lien. However the lien is more than 3 years old. This HOA
is not part of a condo so we don’t think the Condo Act (RCW 64.34) applies.
If this was a condo, RCW 64.34.364(8) is clear that the lien must be
enforced within 3 years. The HOA statute (RCW 64.38) seems to be silent on
this issue. 

  

If anyone can provide any answer or guidance, I’d appreciate it very much. 

  

As a side note, thank you all for the active conversations regarding issues
each of you deal with and the accompanying answers and suggestions. We
should get CLE credits just for being a part of this listserv. 

  

Best, 

  

Miko Santos, J.D., LL.M. 

Associate Attorney 

miko at glgmail.com 

  

Gourley Law Group 

P.O. Box 1091 

Snohomish, WA 98291 

PH:  (360) 568-5065 (800) 291-8401 

Fax: (360) 568-8092 

  

  

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