January 5, 2017

Washington Court of Appeals Issues Redemption Act Opinion

The Washington Court of Appeals recently issued a published opinion regarding the application of the Washington Redemption Act (RCW 6.23).  The Court's opinion holds that "a condominium owner occupying the condominium as a residence at the time of a judicial foreclosure of a condominium lien has the right to possession during the redemption period, with no obligation to pay for the value of the occupation."  The Court's opinion also notes that "nonjudicial foreclosure of the assessment lien is not subject to the right of possession."

Foreclosing a lien for unpaid condominium assessments is always a difficult decision.  My office is available to help your association evaluate and pursue its collection remedies in that situation.