RCW 64.90.490
426 words·~2 min read·
/wa/title-64/chapter-64-90/64-90-490·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In a condominium, plat community, and miscellaneous community:
(a)Except as otherwise provided in
(b)of this subsection, a judgment for money against the association perfected under RCW 4.64.020 is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of the other real estate of the association and all of the units in the common interest community at the time the judgment was entered. Other property of a unit owner is not subject to the claims of creditors of the association.
(b)If the association has granted a security interest in the common elements to a creditor of the association pursuant to RCW 64.90.465 , the holder of that security interest must exercise its right against the common elements before its judgment lien on any unit may be enforced.
(c)Whether perfected before or after the creation of the common interest community, if a lien, other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the common interest community, becomes effective against two or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to the unit, and the lienholder, upon receipt of payment, must promptly deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio that the unit owner's common expense liability bears to the common expense liabilities of all unit owners that are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.
(d)A judgment against the association must be recorded and indexed in the name of the common interest community and the association and, when so indexed, is notice of the lien against the units.
(2)In a cooperative:
(a)If the association receives notice of an impending foreclosure on all or any portion of the association's real estate, the association must promptly transmit a copy of that notice to each unit owner of a unit located within the real estate to be foreclosed. Failure of the association to transmit the notice does not affect the validity of the foreclosure.
(b)Whether a unit owner's unit is subject to the claims of the association's creditors, other property of a unit owner is not subject to those claims.
[ 2018 c 277 s 319 .]