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.

Since January 1, 2026, the association has to wait 15 days after mailing the delinquency notice before it takes any other collection step. During those 15 days it can add only the mailing cost, an administrative fee of up to $10, and a single late fee of no more than $50 or 5% of the unpaid assessment, whichever is less. On a $400 assessment, 5% is $20, so that fee tops out at $20.

After the 15 days, the statute says only that late charges must be reasonable, and interest cannot exceed the maximum rate under RCW 19.52.020. The full late fee rules are on the Washington late fee page.

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 collection rules respect the 15-day window after a delinquency notice.
• 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 (Delinquency notice, late fees, interest, and foreclosure minimum). Within 30 days after an assessment is past due the association must mail a notice of delinquency with a preforeclosure notice; for 15 days after that it may take no other collection action and may charge only mailing costs, an administrative fee of no more than $10, and a single late fee of no more than $50 or 5% of the unpaid assessment, whichever is less. Interest may not exceed the RCW 19.52.020 maximum. Foreclosure requires the greater of three months or $2,000 of assessments (excluding fines, late charges, interest and fees), 90 days elapsed since that amount accrued, a second notice, and completed mediation if referred. After the 15-day period the association may charge reasonable late charges and interest at a rate it sets up to the RCW 19.52.020 maximum (the default if it sets none), recover collection costs and reasonable attorney fees, and foreclose once the threshold and notices are met. Pre-July 2018 communities that have not elected into chapter 64.90 follow the parallel RCW 64.34.364 or 64.38.100 until January 1, 2028.

When you read the disclosure packet, watch for late fee and collection charges added within 15 days of the delinquency notice beyond the $50-or-5% single late fee and $10 fee, interest on delinquent assessments above the RCW 19.52.020 maximum, 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.