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

Tue Aug 26 12:51:18 PDT 2025

Yes, that was my interpretation also. It was a new law passed about 2 years
ago I think when foreclosures were getting filed for very small amounts
due.  I had one case where the annual dues were about 200/year and the
homeowner hadn't paid it in more than 10 years.

Filing the foreclosure really gets the homeowner's attention to pay it.

Kelby J. Derenick
Attorney

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On Tue, Aug 26, 2025 at 12:39 PM Bryce Dille <Bryce at dillelaw.com> wrote:

> 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
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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)
> marka at mbaesq.com
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> 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>
> *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> 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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