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

Tue Aug 26 12:39:24 PDT 2025

Does that mean that if the assessments are based on a yearly schedule or something other than every month that before suit can be started there must be at least $2000 owed or even if the dues are based on a monthly schedule that in any event $2000 must be owed before a suit can be started. The problem with this interpretation is that there are a lot of smaller homeowners associations whose dues are 4 or $500 a year and if the $2000 level must be reached before suit can be started the dudes would have to be delinquent for four or five years before our suit could be started I'd appreciate your interpretation or that of others on the list serve

Bryce H. Dille
Dille Law, PLLC
1800 Cooper Point Road SW Bldg 11
Olympia, WA 98502
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Cell: 253-579-5561

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Tuesday, August 26, 2025 12:07 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Non-Judicial Foreclosure of HOA Lien for Unpaid Assessments

Yes, I did mean to refer to RCW 64.38.  Thank you for snapping me out of my late afternoon fog.

And thank you for the remainder of your response.  It looks like there is a single notice under RCW 64.38.100 that is required to be sent twice at the prescribed intervals.

Please correct me if I am wrong, but this appears to be the sequence to be followed under RCW 64.38 100 prior to initiation of a judicial foreclosure of an HOA lien:

1.  Confirm that the unpaid assessments are greater than three months in arrears or $2,000 in arrears.  Get board approval for the commencement of a foreclosure action.
2.  Send the first notice of delinquency and the RCW 64.38.100 notice to the owner.
3.  Send a second notice of delinquency and the RCW 64.38.100 notice to the owner no sooner than 90 days after the assessments have become past due and no sooner than 60 days after the first notice was sent.
4.  Record the claim of lien (may be done at any time earlier in this process).

Other than a routine invoice or billing statement showing the delinquent amounts, is there any particular form for a Notice of Delinquency?

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)
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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 Kelby Derenick
Sent: Monday, August 25, 2025 7:40 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Non-Judicial Foreclosure of HOA Lien for Unpaid Assessments

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<mailto: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)
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