[WSBARP] Homeowner association 6-yr S/L and condo 3-yr S/L?

Wed Jul 31 12:39:01 PDT 2019

Yes, I just get hung up on the cases that say that covenants are interpreted
like contracts, and in fact, are quasi-contracts implied in law, Lake
Limerick v. Hunt, 120 Wash App 246 ("...the law will imply a contract to pay
dues..."). I like Patrick's argument, though. 

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

www.hossandwilson-hoss.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 Patrick McDonald
Sent: Wednesday, July 31, 2019 12:11 PM
To: WSBA Real Property Listserv; REALPROP at yahoogroups.com
Subject: Re: [WSBARP] Homeowner association 6-yr S/L and condo 3-yr S/L?

We’ve been involved in cases in which superior courts have ruled that there
is no statute of limitations to collect assessments for non-condominium
homeowners associations. In short, the argument is that the obligation to
pay assessments is based on a covenant that runs with the land rather than a
contract or written agreement. There is case law that says covenants are not
contracts (although they are interpreted similarly). Also, there’s the
argument that the legislature didn’t intend to create a statute of
limitations for unpaid homeowner association assessments like it did for
condominium association assessments. 

Patrick McDonald

_______________________

Pody & McDonald, PLLC

1200 Fifth Avenue, Suite 1410

Seattle, WA 98101-3106

T: 206-467-1559

F: 206-467-4489

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Michael Brandt
Sent: July 31, 2019 11:33 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>;
REALPROP at yahoogroups.com
Subject: Re: [WSBARP] Homeowner association 6-yr S/L and condo 3-yr S/L?

Folks:

I have just won this argument on appeal from a District Court Judgment
before Judge Ruhl in King County Superior Court, who agreed with our
position that it was a six (6) year statute of limitations in an HOA.

Michael D. Brandt

BRANDT LAW GROUP

1200 - 5th Avenue, Suite 1950

Seattle, Washington 98101

206.441.5739

206.299.9115 (fax)

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

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Rob Wilson-Hoss
Sent: Wednesday, July 31, 2019 10:41 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>;
REALPROP at yahoogroups.com
Subject: Re: [WSBARP] Homeowner association 6-yr S/L and condo 3-yr S/L?

I have done this research a couple of times and always come to the
conclusion that it is six years. Bank counsel who are affected have always
agreed, in my cases. And yes, the statutory condo limitation seems to be an
anomaly. An archaic burr under the saddle of conformity. 

Sorry, obviously, too much meditation caused that. 

Rob

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

www.hossandwilson-hoss.com
rob at hctc.com

This message is intended solely for the use of the addressee and may contain
information that is privileged, confidential, and exempt from disclosure
under applicable law.  If you are not the addressee, you are hereby notified
that any use, distribution, or copying of this message is strictly
prohibited.  If you received this message in error, please notify us by
reply e-mail or by telephone (call us collect at the number listed above)
and immediately delete this message and any and all of its attachments.
Thank you.

This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose.  To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, July 31, 2019 10:05 AM
To: 'REALPROP at yahoogroups.com'; WSBA Real Property Listserv
(wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] Homeowner association 6-yr S/L and condo 3-yr S/L?

Help! Condos compared to Homeowners...

It seems that under the Condo Act, Ch. 64.34 RCW, collection of assessments
by a condo association is subject to a 3-year statute of limitations. (It's
6 years under the new act governing all common interest communities, condos
and homeowner associations alike. RCW 64.90.485(9).)

But under the rules before adoption of the new Ch. 64.90 RCW, what S/L
applies to dues imposed by a homeowner association established by ordinary
CC&Rs on non-condo land? Are the CC&Rs essentially a written contract such
that they are enforced as a 6-year statute of limitations? Or is there some
authority for a 3-year S/L similar to for a condo?

Sincerely,

Eric

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1417 31st Ave South

Seattle WA  98144-3909

phone 206-625-0092

fax 206-625-9040

From: REALPROP at yahoogroups.com [mailto:REALPROP at yahoogroups.com] 
Sent: Wednesday, June 26, 2019 10:56 AM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com);
REALPROP at yahoogroups.com
Subject: [REALPROP] Condo dues lien versus Statute of Limitations

Looking for confirmation here that I'm right, or else a stern rebuke for
wishful thinking.

Property has about 8 years of back condo dues unpaid.

Condo is organized under the Horizontal Property Regimes Act--the old one.
Per RCW 64.34.010(1)
<https://app.leg.wa.gov/RCW/default.aspx?cite=64.34&full=true#64.34.010> ,
the lien provisions of the 1990 Act, RCW 64.34.364
<https://app.leg.wa.gov/RCW/default.aspx?cite=64.34&full=true#64.34.364> ,
apply to this condo.

RCW 64.34.364 has a 3-year statute of limitations on back dues:

(8) A lien for unpaid assessments and the personal liability for payment of
assessments is extinguished unless proceedings to enforce the lien or
collect the debt are instituted within three years after the amount of the
assessments sought to be recovered becomes due.

But it also has this, which says "all" unpaid dues:

(12) ....In a voluntary conveyance, the grantee of a unit shall be jointly
and severally liable with the grantor for all unpaid assessments against the
grantor up to the time of the grantor's conveyance....

In this context, "all" just means the most recent three years of dues,
because collection of the older dues is barred by statute of limitations,
right? Section 12 can't possibly mean that in a voluntary conveyance the
statute of limitations under (8) does not apply?

[Note--it looks like the statute of limitations is changed to six years
under the new UCIOA, RCW 64.90.485(9)
<https://app.leg.wa.gov/RCW/default.aspx?cite=64.90&full=true#64.90.485> .
But the "all" language is carried over into the new act as well, RCW
64.90.485(17).]

Sincerely,

Eric

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1417 31st Ave South

Seattle WA  98144-3909

phone 206-625-0092

fax 206-625-9040

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