[WSBARP] RCW64.38.1`00

[Patrick McDonald]

A homeowners association can only foreclose until three months of assessments or $2,000, whichever is greater, is owed for at least 90 days. The statute effectively precludes homeowner associations from foreclosing their liens if their annual assessments are $333.33 or less due to the statute of limitations. (There is a similar impact on associations governed by RCW 64.32, RCW 64.34, and RCW 64.90.) This was an unintended consequence of the statute that has been brought to lawmakers' attention for several years now, but to my knowledge there just hasn't been much movement on legislation revising the language.

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

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Tuesday, April 21, 2026 10:28 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] RCW64.38.1`00

Several months ago there was a discussion on the listserv as to the interpretation of a provision of the above reference statute dealing with homeowner assessments. It is my recollection that the consensus of the listserv participants was that a homeowners association could foreclose the lien if the amount was either greater then three months of assessments or more than $2000 excluding fines attorneys fees etcetera It was my understanding that the consensus was if the amount of the assessments was more than three months then action under the statute could be brought even if the amount was less than $2000 since the amount owed was greater than three months that if it was intended that the minimum amount be $2000 then there was no need to have the three month provision in there and instead the legislature could have said that the amount had to be more than $2000 because I have a situation where the association is owed less than $2000 but the homeowner is some five years delinquent and if we waited until the amount reached $2000 the statute of limitations would run since the dues are less than $300 a year. I would appreciate any input as to what is the correct interpretation thank you

Bryce H. Dille
Dille Law, PLLC
1800 Cooper Point Road SW Bldg 11
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**




[R_Alan_Swanson-WH-200]

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Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

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