Washington HOA foreclosure and liens

Washington does not let an HOA foreclose over a small balance. The owner has to owe at least the greater of three months of assessments or $2,000, measured in assessments alone, and that balance has to be at least 90 days past due before a foreclosure can begin. Fines, late charges, and interest do not count toward the floor.

The notice trail is layered on purpose. The association sends a first delinquency notice within 30 days, and it has to include a pre-foreclosure notice with contact information for a housing counselor. A second notice cannot go out sooner than 60 days after the first, and only after the balance is 90 or more days past due. That sequence gives an owner real time and a path to help before a sale.

Washington caps the late fee at the lesser of $50 or 5% of the unpaid assessment that triggered it. On a $400 assessment, 5% is $20, so the cap is $20. On a $1,200 assessment, 5% is $60, so the $50 figure is lower and the cap is $50. A flat $75 monthly late fee runs past the statute.

Before you make an offer, confirm:

• The seller's assessment ledger and whether any balance is near the $2,000 or three-month floor.
• Whether a lien has been recorded against the lot or unit.
• Whether the late fee in the rules respects the lesser-of-$50-or-5% cap.
• Whether any pre-foreclosure notice has already been sent to the seller.

A Washington HOA lien attaches to the property, so an unpaid balance can become your problem if it is not cleared at closing. The $2,000 floor, the 90-day rule, and the layered notices give owners protection, but a buyer still needs to read the ledger and confirm nothing is outstanding.

An HOA Notes brief pulls the assessment history, checks for a recorded lien, measures any balance against the foreclosure floor, and cites the page behind every number so you know the real exposure before you sign.

Washington Revised Code 64.90.485 (Pre-lien notice, late fee cap, and foreclosure minimum). Under WUCIOA (RCW 64.90.485), before filing a lien, the association must provide written notice to the owner identifying the delinquent amount with a reasonable opportunity to cure; a late fee may not exceed $50 or 5% of the unpaid assessment, whichever is less; the association cannot commence lien foreclosure unless the owner owes at least the greater of (i) three months of assessments or (ii) $2,000 in assessments (excluding fines, late charges, interest, and fees), and the assessments are at least 90 days past due. The association may file a lien after providing the required notice and may pursue judicial or nonjudicial foreclosure after meeting the threshold; it may recover attorney fees and costs as part of the lien; it may charge interest at the rate authorized by the governing documents.

When you read the disclosure packet, watch for the association may file a lien immediately upon any delinquency, late fees of $25 or more per month on all unpaid balances, and foreclosure may be initiated for any outstanding balance regardless of amount. HOA Notes flags each of these against the statute and tells you which restrictions are actually enforceable.