Washington Statewide Rule
Washington HOA Assessments, Liens & Foreclosure (WUCIOA RCW 64.90.485 / HOA Act RCW 64.38.100)
Key Facts
- Two regimes
- WUCIOA RCW 64.90 (created on/after July 1, 2018) vs. HOA Act RCW 64.38 (older communities)
- WUCIOA lien
- RCW 64.90.485: priority over other liens; 6-month super-priority over first mortgage
- Older-HOA lien
- RCW 64.38.100: foreclosure after greater of 3 months or $2,000 owed
- Foreclosure
- WUCIOA: judicial or non-judicial; RCW 64.38: must be commercially reasonable, two notices + 90 days
- Super-priority
- Only WUCIOA (RCW 64.90.485) has one; RCW 64.38 does not
Summary
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.
Except as provided in RCW 64.90.080, 64.90.405(1) (b) and (c), and 64.90.525, within thirty days after adoption by the board of directors of any proposed regular or special budget of the association, the board shall set a date for a meeting of the owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting the owners of a majority of the votes in the association are allocated or any larger percentage specified in the governing documents reject the budget, in person or by proxy, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the owners ratify a subsequent budget proposed by the board of directors.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Can a Washington HOA foreclose on my home for unpaid dues?
Does my HOA lien beat my mortgage?
Which law applies to my community?
Sources
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