Can a Washington HOA Foreclose Over Dues?

Unpaid assessments in Washington are not just a private debt — the Uniform Common Interest Ownership Act gives the association a statutory lien on the home, and a slice of that lien can even jump ahead of the first mortgage. For your specific situation, a licensed Washington attorney is the right resource. This is general information, not legal advice.

Can a Washington HOA put a lien on my home?

Yes. Under RCW 64.90.485, the association has a statutory lien on each unit for any unpaid assessment from the time the assessment is due, with no separate filing needed. The lien is generally prior to other claims except liens recorded before the declaration, security interests recorded before the assessment came due, and real estate tax liens.

Under RCW 64.90.485, "[t]he association has a statutory lien on each unit for any unpaid assessment against the unit from the time such assessment is due."

Does a Washington HOA lien outrank my first mortgage?

Only in part. Under RCW 64.90.485, the lien is prior to a first security interest for the common-expense assessments, excluding capital-improvement amounts, that would have become due in the six months immediately before foreclosure proceedings began. Where the lender got at least 60 days' notice, foreclosure costs and reasonable attorneys' fees, capped at $2,000, also come ahead.

Washington's most consequential feature is the limited priority the lien holds ahead of a first mortgage. The lien is prior to a first security interest to the extent of the common-expense assessments, "excluding any amounts for capital improvements … which would have become due in the absence of acceleration during the six months immediately preceding the institution of proceedings to foreclose." It is why unpaid Washington dues get a lender's attention quickly.

How far behind before a Washington HOA can foreclose?

At least 90 days. Under RCW 64.90.485, the association cannot commence foreclosure unless at least 90 days have elapsed from when the minimum amount accrued, and it must send a second preforeclosure notice no sooner than 60 days after the first. That 90-day floor took effect January 1, 2025, replacing a 180-day period.

The association may enforce the lien "[j]udicially" under chapter 61.12 RCW or "[n]on-judicially" under chapter 61.24 RCW where the declaration provides for it. Washington builds in timing protections: the association cannot commence foreclosure unless "at least 90 days have elapsed" from when the minimum amount accrued, and it must send a second preforeclosure notice "no sooner than 60 days after the first preforeclosure notice." (That 90-day floor reflects a 2023 change that shortened the prior 180-day period, effective January 1, 2025.) A licensed Washington attorney can explain the steps and timeline that apply to a specific foreclosure.

Can I get mediation before a Washington HOA forecloses?

Yes, since January 1, 2026. Under SB 5686, Washington's Foreclosure Mediation Program also applies to associations seeking to foreclose liens judicially or nonjudicially (RCW 61.24.165). Once a housing counselor or attorney refers an owner, the association may not commence foreclosure until the mediation is completed and certified, or 10 days after the mediator's certification was due (RCW 64.90.485(22)(d)).

In 2025 Washington enacted SB 5686 (Laws of 2025, ch. 393), and its foreclosure provisions took effect January 1, 2026. The state's Foreclosure Mediation Program "also applies to associations seeking to foreclose liens or deficiencies via nonjudicial or judicial foreclosure" (RCW 61.24.165(3)). Under RCW 64.90.485(21), "No later than 30 days after an assessment becomes past due, an association must provide a notice of delinquency to a unit owner by first-class mail," in English and any other language the owner has indicated as a preference. Until the 15th day after that notice, the association may not take "any other action to collect a delinquent assessment" or charge collection costs beyond the actual printing and mailing costs, an administrative fee of no more than $10, and a single late fee of no more than $50 or five percent of the unpaid assessment, whichever is less. Before a housing counselor or attorney refers an owner to mediation, they must ask the association in writing to meet and confer (RCW 61.24.155). Once an owner is referred, the association may not commence a foreclosure "until the mediation is completed and the certification of mediation is issued or after 10 days from the date the mediator's certification was due to the association" (RCW 64.90.485(22)(d)). The older HOA, condominium, and horizontal property regime acts carry the same rules (RCW 64.38.100, 64.34.364, 64.32.200). Whether a particular foreclosure qualifies, and how the timeline runs, is something a licensed Washington attorney can walk through.

A note for older communities

The RCW 64.90.485 lien is part of WUCIOA, which fully governs communities created on or after July 1, 2018. Owners in older communities may instead be under the lien provisions of RCW 64.38 (HOAs) or RCW 64.34 (condos) — the Condominium Act has long had its own six-month super-priority lien. Which applies is a question for a licensed Washington attorney. Note that Washington is mid-transition: as of January 1, 2028, WUCIOA (RCW 64.90) becomes the sole governing statute and the older chapters (RCW 64.32, 64.34, and 64.38) are repealed.

What people generally do

In a Washington assessment-debt situation, a few points commonly matter:

• The association's records and a payoff figure show what is actually owed.
• Disputed fines and undisputed common-expense assessments are treated separately, since the super-priority covers assessments rather than fines.
• The 90-day floor and the two preforeclosure notices must precede any sale, and a referral to foreclosure mediation holds off a foreclosure until the mediation is completed or the mediator's certification is 10 days overdue (RCW 64.90.485(22)(d)).
• A payment plan, before costs and attorneys' fees accumulate, is something owners often raise with the board.
• A licensed Washington attorney is the resource early, while options remain open.

Sources

• RCW 64.90.485 — Lien for assessments
• RCW 64.34 — Washington Condominium Act
• RCW 64.38 — Homeowners' Associations
• RCW 61.24.163 — Foreclosure mediation program
• RCW 61.24.155 — Unit owner delinquency, housing counseling, meet and confer
• RCW 61.24.165 — Foreclosure mediation program applicability
• E2SSB 5686 (Laws of 2025, ch. 393) — Foreclosure Mediation Program expansion