Washington Court Of Appeals Establishes 6-Year Statute Of Limitations For Collection Of Delinquent HOA Assessments

On Behalf of | Aug 18, 2021 | Uncategorized |

In a case decided July 7, 2021 (Kiona Park Estates v Dehls) Division II of the Washington Court Of Appeals ruled that a 6-year statute of limitations applies to enforcement of an HOA assessment lien under RCW 64.38.  This ruling applies only to HOAs and not to Condominium Association (“COAs”).

Based upon this ruling, which may yet be appealed to the Washington State Supreme Court, efforts to collect delinquent assessment liens by way of either (a) lien foreclosure or (b) lawsuit filed against the owner seeking a personal judgment must be filed within 6 years of the due date for any unpaid assessment. The HOA is barred under this decision from collecting older unpaid assessments.

If you have questions or need assistance regarding the collection of delinquent assessments, foreclosure of Association (HOA or COA) liens or any other issues relating to Association law, we can help.