HOA and condo association foreclosure in Washington

HOA and condo collection rules in Washington, step by step

• Which Washington law covers your community

  Until January 1, 2028, then chapter 64.90 for all

  Chapter 64.90 RCW covers communities created on or after July 1, 2018 and older ones that amended their declaration to opt in. Older condos are under chapter 64.34 RCW (or the older chapter 64.32), and older homeowners associations are under chapter 64.38 RCW. A 2024 law repeals those older chapters on January 1, 2028, and from then on chapter 64.90 applies to all common interest communities.

  RCW 64.90.360; RCW 64.90.365; 2024 c 321

• First notice of delinquency within 30 days

  No later than 30 days after an assessment is past due

  The association must mail a notice of delinquency to your home and any other address you gave, by e-mail too if it has one, and in your preferred language. It must warn that the process could cost you your home and list the state foreclosure hotline, HUD and the civil legal aid hotline. For 15 days after that notice, it cannot take other collection steps or charge you more than the mailing cost, a $10 fee and one late fee of no more than $50 or 5 percent of the missed assessment, whichever is less.

  RCW 64.90.485(21); RCW 64.38.100(1); RCW 64.34.364

• No foreclosure until five conditions are met

  At least 90 days after the minimum debt builds up

  An association cannot start a foreclosure unless you owe at least three months of assessments or $2,000 of assessments, whichever is more, not counting fines, late fees, interest or legal costs. It must also mail a second preforeclosure notice at least 60 days after the first and after you are 90 days past due, wait at least 90 days after the minimum debt accrued, finish any foreclosure mediation you were referred to, and have its board approve foreclosure against your home specifically.

  RCW 64.90.485(22); RCW 64.38.100(2)

• Foreclosure mediation can apply

  Before the association files

  A housing counselor or Washington attorney can refer you to the foreclosure mediation program under RCW 61.24.163. If you are referred, the association must wait until mediation ends and the mediator's certification is issued, or 10 days after it was due.

  RCW 64.90.485(22)(d); RCW 61.24.163

• Up to 6 months ahead of your first mortgage, with a catch

  If the association forecloses

  Up to six months of regular budget assessments (not capital improvements) come ahead of an earlier first mortgage. Under chapter 64.90, a capped amount of the association's foreclosure costs, no more than $2,000, can also come ahead if it gave your lender 60 days' notice. If the association forecloses without a court, it loses that priority and is limited on deficiency judgments the same way a trustee's sale is.

  RCW 64.90.485(3), (6); RCW 64.34.364(3), (5)

• Court foreclosure, or a trustee's sale if the declaration allows

  Within 6 years (chapter 64.90) or 3 years (condo act) of the assessment

  The association can foreclose in court, subject to redemption rights under chapter 6.23 RCW, or without a court only if the declaration grants the community in trust to a trustee with a power of sale for unpaid assessments. Board members, their families and affiliates cannot bid at the sale. Every step must be commercially reasonable, and the lien and your personal liability end if the association does not act within the time limit.

  RCW 64.90.485(9), (13), (23); RCW 64.34.364(8)

• Ask for a binding statement of what you owe

  Answer due within 15 days

  On written request, an association under chapter 64.90 must give you a signed statement of unpaid assessments within 15 days, and the statement binds the association. The lien is not subject to Washington's homestead law, chapter 6.13 RCW.

  RCW 64.90.485(5), (11)

Common questions in Washington