[WSBARP] Non-Judicial Foreclosure of HOA Lien for Unpaid Assessments

[Kelby Derenick]

I think you meant RCW 64.38.  Yes, there are two new notices you have to
send out under 64.38.100.  Make sure you only file once the assessments
reach the greater of 90 days past due or 2k in arrears.

I always use the judicial foreclosure process to foreclosure on the lien
for non-payment of HOA assessments.  I record a claim of lien also.  I
didn't think there was a statutory grant for the power of sale for HOA
assessments like a trustee in a deed of trust.

Kelby J. Derenick
Attorney

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On Mon, Aug 25, 2025 at 5:19 PM Mark Anderson <marka at mbaesq.com> wrote:

> Dear All:
>
> Unlike the notice of default that is sent to begin a nonjudicial
> foreclosure of a deed of trust, RCW 61.38 does not seem to require any
> analogous form of notice of delinquency for nonpayment of HOA dues.
>
> Other than the generic notice required under RCW 61.38.100, is there any
> such form of notice?  Is it required by statute?  Could anyone send me an
> example?
>
> Thanks.
>
>
> *Mark B. Anderson *ANDERSON LAW FIRM PLLC
> 821 Dock Street, Suite 209, PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
> +1 253-327-1751 (fax)
> marka at mbaesq.com
> www.mbaesq.com
>
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