[WSBARP] HOA Gurus

[tjw at w3net.net]

Our client is an HOA with multiple properties that have past due on assessments. They have perfected their liens, but haven’t take any action to foreclose.

 

The HOA Declaration has the following language: “… The Association may, after perfecting its lien as described in 4.12 above, if such assessments remain unpaid, thereafter bring an action at law or in equity, or both, against ay Owner personally obligated to pay the same and shall also proceed, if it desires, to foreclose its lien against the specific Lot in the manner and form but not necessarily within the time limits, provided by Washington for foreclosure of mechanics’ liens in and through the courts.” 

 

So, the question: Is such a provision regarding “not necessarily within the time limits” valid, or does the 8 month limitation in the mechanics lien statute control anyway? Since it the root cause of the lien is not a mechanic’s lien, would the mechanic’s lien statute control on time limits. We haven’t found any case law on point other than:

 

“Provision of this statute that no lien shall be binding for longer period than eight months after filing unless action is commenced, is not statute of limitations, but fixes the duration of the lien.  City Sash & Door Co. v. Bunn (1916) 90 Wash. 669, 156 P. 854;  McNeice, In re (1923) 287 F. 706”

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

whiteRKCS_newlogo50_email_sig

 

Rodgers, Kee, Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

 

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com <http://www.buddbaylaw.com/> 

 

The information contained in this email and attachment(s) are for the exclusive use of the addressee(s) and may contain private, privileged and/or confidential information.  If you are not the addressee, you are strictly prohibited from reading, photocopying, distributing or otherwise using this email or its contents in any way. If you have received this communication in error, please notify us immediately by telephone at 360-352-8311 or by e-mail to shannon at buddbaylaw.com, and destroy the original message from your electronic files.

 

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180607/53805844/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 15390 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180607/53805844/image001.jpg>