Legal Question in Real Estate Law in Washington

Homeowners association dues collection

How does a community Homeowners Association collect delinquent dues from a property being foreclosed.


Asked on 1/30/09, 9:02 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Homeowners association dues collection

The HOA will have to most quickly. First, you must sue the homeowner whose home is being foreclosed. If you are lucky, the amount will be great enough to at least get you in district court and the owner will not respond within 20 days, setting things up nicely for you to obtain a judgment by default.

Once you get the judgment, you need to record it against the title, so that upon sale, the HOA debts will have to be cleared before a clean title can transfer to the new owner.

If you do not have 20 days to get a default, you can at least record the debt in the recorder's office so that a new owner will deemed to have had notice of the outstanding HOA fees upon purchase, which may make them liable if they want to take title without issues.

I would need to know more details to give you more information, and I am happy to do a paid phone consultation on this topic, but if nothing else, this ought to get you a good way down the road.

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Answered on 1/30/09, 9:18 pm


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