[WSBARP] Assoc. Lien Claim following Denial of Access to Common Areas

[Inge Fordham]

Colleagues,

PC is the PR of an estate who just received a creditor claim by an HOA seeking to recover unpaid annual assessments for the preceding 6 years.  In a former life, I represented HOAs and routinely pursued claims for unpaid assessments.  I’m well-aware that the law favors HOAs but it seems there are a few issues that may bar the HOA from collecting the past dues in this instance.


  1.  First, PC did not receive any notice of the HOA dues (the relevant CC&Rs were recorded in 1975 and PC inherited the property from her grandparents, who passed 12+ years ago).  The HOA argues that they sent annual invoices and budgets (though the HOA has not provided evidence of the same and PC never received anything).  The HOA further argues that PC had constructive notice of the assessments due to the recording of the CC&Rs in 1975.  Yet PC has never seen the 1975 CC&Rs (and I can’t obtain them online because they are too old).  Can the HOA collect where PC was never put on notice?  From past experience, I recall that a lien for unpaid assessments attaches in rem (to the property) and in personam (to the owner(s)).  I question how someone can pay assessments where they have no knowledge of the assessments.



  1.  Second, the HOA routinely denied PC access to the common areas the dues are assessed to maintain (parks and a boat dock) for the past 12+ years.  The governing authority (a maintenance company) asserted that she could not use the common areas because she was not a legal owner.  PC moved into the house 12+ years ago to care for her ailing grandparents.  When they passed, she continued living in the house and paid property taxes and the mortgage.  She is the legal heir to her grandparents estate, though she didn’t commence probate and record a PR deed transferring title to herself until 2022 (because she didn’t realize it was necessary).  It seems to me she was the de facto owner and should not have been denied access to the common areas.  I’ve searched for case law and haven’t found anything – but it seems the HOA should be estopped from collecting assessments to cover maintenance for areas PC was denied access to.  Is anyone aware of any WA case on this point?


Thanks in advance.

Best regards,

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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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