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  1. #1

    Lightbulb What is the Statute of Limitations on Unpaid HOA Dues

    My question involves collection proceedings in the State of: Washington

    I live in a housing development that has a HOA. I have been delinquent in paying my yearly $100 homeowners association dues for 7 years. I would like to come clean on this and of course as you can imagine I have a large bill because they have charged me a $10 monthly fee every month that it was delinquent. QUESTION: What is a HOA due ? A thing of property, the wanshinton HOA law or contract ? Are they subject to contact 6 yr statute of limitation in Wash state or HOA/Condo Act which seems to have a 4 yr statute of limitation? I want to pay this - but obviously I am trying to not pay more than I have to. Secondly, is the $10 a month fee/penalty usurious under the RCW usury statute ? thanks !!

  2. #2
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    Default Re: What is the Statute of Limitations on Unpaid HOA Dues

    Delinquent HOA dues are not subject to the usury law, because they aren't a loan. The time frames and options for pursuing you are spelled out under RCW 64.34.364

  3. #3
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    Default Re: What is the Statute of Limitations on Unpaid HOA Dues

    Well, it depends on whether we're in fact talking about a condo association (RCW 64.34.005, et seq), or a homeowner's association (RCW 64.38.005, et seq).
    Quote Quoting RCW Sec. 64.38.010(11)
    (11) "Homeowners' association" or "association" means a corporation, unincorporated association, or other legal entity, each member of which is an owner of residential real property located within the association's jurisdiction, as described in the governing documents, and by virtue of membership or ownership of property is obligated to pay real property taxes, insurance premiums, maintenance costs, or for improvement of real property other than that which is owned by the member. "Homeowners' association" does not mean an association created under chapter 64.32 or 64.34 RCW.
    If this is a HOA but not a COA, then the provision above relating to delinquent dues does not apply. A HOA is empowered to litigate to enforce a member's duties by RCW 64.38.020(4) and 64.38.050, and may seek to recover attorney fees as part of that action.

    So let's start by clarifying, is this a COA or a HOA?

  4. #4

    Default Re: What is the Statute of Limitations on Unpaid HOA Dues

    You owe $700 in dues.
    You owe $840 in late fees.
    Are you really going to try to sue for the $840 in late fees or take that to small claims court? Yes, when you look at the late fees from an interest rate point of view at %120 per anum the rate is high but you need to consider the effort you'd have to put in to fight those charges.
    Pay the $700 to stat with. Then talk to the HOA or COA or whatever they call themselves and negotiate a reduction in the amount of over dues you have to pay.
    You will allow me a personal comment and say that if you can't afford $100 a year in fees for your association you might want to consider transplanting your derriere to an adobe more in line with your economic situation. I hear tiny houses are all the rage right now.

  5. #5
    Join Date
    Jun 2015
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    Default Re: What is the Statute of Limitations on Unpaid HOA Dues

    WA allows for a " satisfaction and accord" ..I do NOT know if it applies here , but I sure might be tempted to try it and tender a properly marked check for the sum of all past amounts due and see if it flys

  6. #6

    Default Re: What is the Statute of Limitations on Unpaid HOA Dues

    This is an HOA - sorry for the late reply.

  7. #7
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    Default Re: What is the Statute of Limitations on Unpaid HOA Dues

    Quote Quoting Biggy
    View Post
    This is an HOA - sorry for the late reply.
    Two comments:

    1 - The statute of limitations is a time limit for filing a lawsuit. Until you are actually sued, the SOL is irrelevant and the HOA can use any other means of collecting for as long as they want.

    2 - It's possible that the failure to pay annual dues can be construed as a single ongoing breach with the latest part of the breach being the onset of the limitations period.

    Oh, one more:

    Why the heck would anybody be stupid enough to risk their house by defaulting on a $100 per year obligation? I bet you spend more than that a month on your cell phone or TV/Internet or cigarettes (if you smoke).

    SMH.

    I suggest you just write the check and be done with this. The HOA has all the leverage, you have none.

  8. #8
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    Default Re: What is the Statute of Limitations on Unpaid HOA Dues

    What typically happens is that the HOA does not directly sue for the money owed, but they instead impose a lien and seek foreclosure.

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