[WSBARP] Tax Foreclosure (RCW 84.64.080) - 18 Years HOA Unpaid Liens - Lake Arrowhead Club v Looney

scott.glen.thomas scott.glen.thomas at gmail.com
Mon Feb 1 15:13:09 PST 2021


I read Looney as holding that a lien to pay assessments survives, but a lien arising before the tax sale does not.  112 Wn.2d at 297.  Am I missing something?Sent from my T-Mobile 4G LTE Device
-------- Original message --------From: Rob Rowley <rob at rowleylegal.com> Date: 2/1/21  1:13 PM  (GMT-08:00) To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: [WSBARP] Tax Foreclosure (RCW 84.64.080) - 18 Years HOA Unpaid Liens - Lake Arrowhead Club v Looney May an HOA attempt to collect 18 years of unpaid HOA dues pursuant to a series of recorded claims of lien which was recently foreclosed by the Treasurer for unpaid taxes? Under Lake Arrowhead Club v Looney the liens would survive because they were properly recorded and authorized by the recorded HOA CCRs. Trying to find some authority for the proposition that the HOA is time-barred for at least some of the unpaid HOA dues.  From what I can tell from the chain of title the former owner probably never paid a single HOA dues in the 18 years of ownership. My client purchased at the recent tax sale.  I think the HOA can collect six years.  Never had a situation where a longer period of unpaid dues?  Thanks. Robert R RowleyAttorney & Counselor at Law (509) 252-5074   (509) 994-1143 (509) 928-3084   rowleylegal.com rob at rowleylegal.comHelping You Protect What Matters Most  Practice concentrated on business, real estate and general legal matters in Washington and Idaho. NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance. DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion. 
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