# Washington HOA Foreclosure: The $2,000 Floor (2026)

> Under the Washington Uniform Common Interest Ownership Act, Revised Code 64.90.485, an HOA can lien for unpaid assessments, but it cannot start a lien foreclosure unless the owner owes at least the greater of three months of assessments or $2,000 in assessments, not counting fines, late charges, interest, or fees, and that amount has been owing for at least 90 days. A late fee cannot exceed the lesser of $50 or 5% of the unpaid assessment that triggered it. Before foreclosing, the association has to send layered notice: a first delinquency notice within 30 days, including a pre-foreclosure notice with housing-counselor contact information, and a second notice no sooner than 60 days after the first. For a buyer, that floor and the notice trail mean a small delinquency will not, on its own, put a home on the auction block.

_Source: https://hoanotes.com/hoa/washington/foreclosure-and-liens/ | Last reviewed 2026-06-03_

## The dollar floor and the notices

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.

## The late fee cap

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.

## What to check in the disclosure packet

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.

## Why this matters to your offer

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.

## What the statute says

**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.

## Washington HOA foreclosure: common questions

### When can a Washington HOA foreclose?

Only when the owner owes at least the greater of three months of assessments or $2,000 in assessments, and that amount has been past due for at least 90 days.

### How much can a Washington HOA late fee be?

No more than the lesser of $50 or 5% of the unpaid assessment that triggered the fee.

### What notice does the HOA owe before foreclosing?

A first delinquency notice within 30 days, including a pre-foreclosure notice with housing-counselor contact information, and a second notice no sooner than 60 days later, after the balance is 90+ days past due.

### Do fines count toward the foreclosure floor?

No. The floor is measured in assessments only. Fines, late charges, interest, and fees do not count toward the greater of three months or $2,000.

## Sources (verified 2026-06-03)

1. Revised Code of Washington 64.90.485 (assessments; liens; foreclosure), Washington State Legislature. Verified 2026-06-03. https://app.leg.wa.gov/RCW/default.aspx?cite=64.90.485
2. New 2023 laws impact HOA and COA assessment lien foreclosure procedures, Third Street Law. Verified 2026-06-03. https://www.thirdstreetlaw.com/blog/2023/11/new-2023-laws-impact-hoa-coa-assessment-lien-foreclosure-procedures-rcw-64-34-364-64-38-100-64-90-485-64-32-200/
3. Washington SB 5686: new HOA collection rules before foreclosure, CommunityPay. Verified 2026-06-03. https://www.communitypay.us/blog/washington-sb-5686-hoa-collection-changes/

HOA Notes is not a law firm and this is not legal advice.