Kiona Park Estates v. Dehls
Kiona Park Estates v. Dehls, 19 Wn. App. 2d 1, 493 P.3d 784 (Div. II 2021)
RCW 4.16.040's 6-year statute of limitations on written contracts applies to HOA assessment lien enforcement under legacy RCW 64.38. A recorded declaration is a written contract between the association and each unit owner, and each missed assessment creates a separate contractual obligation under that contract. This case establishes the 6-year collection window for HOAs not yet governed by WUCIOA (which contains its own parallel 6-year limitations period at RCW 64.90.485(9)).
Still good law for RCW 64.38 HOAs. Will become historical after January 1, 2028 when ESSB 5796 (WUCIOA for All) makes RCW 64.90 the sole governing law for all Washington common interest communities — at which point RCW 64.90.485(9)'s statutory 6-year rule applies uniformly and the Kiona Park analysis is no longer needed.