Washington has two regimes. Communities created on or after July 1, 2018 fall under WUCIOA (RCW 64.90), whose lien carries a 6-month super-priority over first mortgages and can be foreclosed like a mortgage. Older associations use the Homeowners' Associations Act (RCW 64.38), whose lien may be foreclosed only after strict notice and dollar thresholds.
Under WUCIOA, RCW 64.90.485 gives the association a lien with "priority over all other liens and encumbrances on a unit" except pre-declaration liens, tax liens, and certain prior security interests. Critically, it has limited super-priority over a first mortgage to the extent of common-expense assessments "which would have become due in the absence of acceleration during the six months immediately preceding the institution of proceedings" (plus capped fees). The lien may be foreclosed judicially or non-judicially. For older HOAs, RCW 64.38.100 allows foreclosure only after the owner owes the greater of three months' assessments or $2,000, two delinquency notices, and a 90-day wait; every step must be "commercially reasonable." RCW 64.38 sets no super-priority.
Unpaid assessments accrue interest, late charges, costs, and attorney fees, and the association may record and foreclose a lien against the home. Under WUCIOA, six months of assessments take priority over a first mortgage; under RCW 64.38, foreclosure requires reaching the 3-month/$2,000 threshold and serving two notices.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Edmonds, WA
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