[WSBARP] HOA Lien Foreclosure

[Mark Anderson]

This is for a small residential community governed under RCW 64.38.  The [really old] governing documents do not speak to methods of enforcement – they just mention the right of the association to foreclose on the lien created by unpaid assessments.

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<mailto:marka at mbaesq.com>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Patrick McDonald
Sent: Tuesday, December 9, 2025 9:49 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOA Lien Foreclosure

It’s going to depend on whether the association is governed by RCW 64.32, RCW 64.34, RCW 64.38, or RCW 64.90 and also what the Association’s governing documents provide.

Patrick McDonald
___________________________
Pody & McDonald, PLLC
1000 Second Avenue, Ste. 1605
Seattle, WA 98104
T: 206-467-1559

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 Brent Williams-Ruth
Sent: Tuesday, December 9, 2025 9:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] HOA Lien Foreclosure

I used to know this more when I was an HOA president from 2002 until 2019 - but I left the HOA board when board members started googling legal advice instead of listening to me or calling our outside counsel. Take a look at
RCW 64.34.364<http://app.leg.wa.gov/RCW/default.aspx?cite=64.34.364> - and pay attention to the changes that start 1/1/2026.


Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Mailing Address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com<mailto:info at williams-ruthlaw.com>

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /


On Tue, Dec 9, 2025 at 9:35 AM Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>> wrote:
This looks like it should be a simple question, but one I’m not confident of the answer to.
May an HOA lien for unpaid assessments be foreclosed non-judicially?  I don’t think so, but I want to be sure of the path to be taken.
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<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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