April 15, 2019

Court of Appeals Upholds Condominium Association's Collection Action

The Washington Court of Appeals recently ruled in favor of a condominium association in an assessment collection dispute.  The Court affirmed the association's power to levy regular and special assessments for common expenses and its perfected lien on the unit.  It noted that the owner was not entitled under the association's bylaws to notice or an opportunity to cure prior to the referral of the assessment debt to an attorney for collection.  The Court finally rejected the owner's argument that summary judgment was inappropriate because she disputed the amount owed, pointing out that "she admits to owing money to the Association, and the Washington Condominium Act creates a lien for assessments that can be foreclosed on for any past due amount owed by a unit owner."