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

Wed Jul 31 13:43:47 PDT 2019

I can see the argument, but I think I would say that pushes the concept of "run with the land" a little farther than is justifiable. In the event of a breach of a running covenant, there is still a time limit on the law providing a remedy. The fact that the covenant is permanent and runs with the land should not change the statute of limitations on suing for a particular breach, particularly one like an overdue assessment, that has a clear due date and the plaintiff has clear notice of the breach.

Interesting that this has been swirling around at the trial court level but hasn't reached the court of appeals yet, as far as I can tell.

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: 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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Michael Brandt
Sent: July 31, 2019 11:33 AM
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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
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Seattle, Washington 98101
206.441.5739
206.299.9115 (fax)
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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
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
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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> [mailto:REALPROP at yahoogroups.com]
Sent: Wednesday, June 26, 2019 10:56 AM
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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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