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

[Patrick McDonald]

The tax sale would eliminate any lien for unpaid homeowner association assessments. However, the purchaser at the tax sale would be obligated to pay future assessments as they come due and payable.

Patrick McDonald
_______________________
Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of scott.glen.thomas
Sent: February 1, 2021 3:13 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tax Foreclosure (RCW 84.64.080) - 18 Years HOA Unpaid Liens - Lake Arrowhead Club v Looney

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?



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-------- Original message --------
From: Rob Rowley <rob at rowleylegal.com<mailto:rob at rowleylegal.com>>
Date: 2/1/21 1:13 PM (GMT-08:00)
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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.

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Robert R Rowley
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