Legal Question in Real Estate Law in Washington

I live in the state of Washington and belong to a homeowners association for my townhome. about a year ago the association levied an assessment for repairs/upgrades on our buildings but did NOT hold a vote on the issue. the association maintains that the homeowner's covenants require that homeowner's pay assessments. Due to the high cost of the assessments and the fact that there was no democratic procedure/vote on the issue, I have not paid the assessments. the homeowner's association has retained a law firm to deal with delinquent assessments and has filed a lien against my property as of June 2011. this firm now threatens to file a lawsuit to "foreclose the lien against my property". such a foreclosure may, if necessary, result in the sale of my property in order to recover the sums due. the letter from the law firm goes on to state that Homestead protection act, R.C.W. 6.13.080(5), would NOT apply to me or my property subject to the Association's lien. the Homestead Act pertains to property/homeowners who are in bankruptcy and does not allow the home to be foreclosed upon. my understanding of the Homestead Act is that a homeowner who is going thru bankruptcy cannot lose his/her primary residence to foreclosure. I am not currently going thru bankruptcy and I would like to know if my association's law firm could actually foreclose on my townhome/residence to recover the lien. so my question is: can I lose my primary residence through a "lien foreclosure"; can the law firm take control of my townhome and sell it?


Asked on 8/09/11, 9:58 am

1 Answer from Attorneys
Jonathan Baner Baner & Baner

Homestead exemption is not relevant to your problem. It would depend greatly on the facts of your case, the language of the covenants, etc. However, so long as everything was done correctly (i.e. follow covenants and covenants were drafted intelligently) then yes, pay or townhome will be subject to lien.

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Answered on 8/23/11, 9:32 am


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