RCW 64.34.364
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Washington Condominium Act assessment lien and delinquency notice provisions. Parallel to RCW 64.90.485 for condos formed under the older statute.

Status Active
Verified Oct 17, 2026
Source Official text

Reviewed · 11 dependent article updates in 12 months · Washington changes feed

Change History 1 verified change on record
In force Jan 1, 2026 Statute amended

E2SSB 5686 (Chapter 393, Laws of 2025) rewrote the condominium notice of delinquency in RCW 64.34.364(17): "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". The notice must also go "by email if the unit owner's electronic address is known to the association" and be "provided in English and any other language indicated as a preference for correspondence by a unit owner." The required first preforeclosure notice adds a sentence: "Housing counselors and attorneys may assist you in meeting and conferring with your association to resolve the past due assessments, and based on the circumstances refer you to the foreclosure mediation program." Until the 15th day after a notice that meets these requirements, the association may not take "any other action to collect a delinquent assessment". During that period it may charge no "costs related to the collection of the delinquent assessment" except the "actual costs of printing and mailing the notice of delinquency", an "administrative fee of no more than $10 related to providing the notice of delinquency", and a "single late fee of no more than $50 or five percent of the amount of the unpaid assessment which triggered the fee, whichever is less." The association must "maintain the preforeclosure information required under this section and make it available to unit owners in accordance with RCW 64.34.372". Under (18)(d), if the owner has been referred to mediation under RCW 61.24.163, 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". The amended text expires January 1, 2028. Effective January 1, 2026.

Before
(17)(a) When the association mails to the unit owner by first-class mail the first notice of delinquency for past due assessments to the unit address and to any other address that the owner has provided to the association, the association shall include a first preforeclosure notice that states as follows:
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(b) If, when a delinquent account is referred to an association's attorney, the first preforeclosure notice required under (a) of this subsection has not yet been mailed to the unit owner, the association or the association's attorney shall mail the first preforeclosure notice to the unit owner in order to satisfy the requirement in (a) of this subsection.
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(d) The board approves commencement of a foreclosure action specifically against that unit.
After
(17)(a) 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 that meets the following criteria. The notice of delinquency must: (i) Be mailed to the unit address and to any other address that a unit owner has provided to the association for the transmission of notice, and by email if the unit owner's …
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(b) Notwithstanding any other provisions of this chapter, until the 15th day after providing a unit owner with a notice of delinquency that meets the requirements in (a) of this subsection, an association may not: (i) Take any other action to collect a delinquent assessment; or (ii) Charge a unit owner for any costs related to the collection of the delinquent assessment except for: (A) The actual costs of printing …
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(d) If the unit owner has been referred to mediation pursuant to RCW 61.24.163 , 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; and (e) The board approves commencement of a foreclosure action specifically against that unit.
The change in full →
Statutory Text Verified Jul 17, 2026 · LEG_WA_GOV
(1) The association has a lien on a unit for any unpaid assessments levied against a unit from the time the assessment is due. (2) A lien under this section shall be prior to all other liens and encumbrances on a unit except: (a) Liens and encumbrances recorded before the recording of the declaration; (b) a mortgage on the unit recorded before the date on which the assessment sought to be enforced became delinquent; and (c) liens for real property taxes and other governmental assessments or charges against the unit. A lien under this section is not subject to the provisions of chapter 6.13 RCW. (3) Except as provided in subsections (4) and (5) of this section, the lien shall also be prior to the mortgages described in subsection (2)(b) of this section to the extent of assessments for common expenses, excluding any amounts for capital improvements, based on the periodic budget adopted by the association pursuant to RCW 64.34.360 (1) which would have become due during the six months immediately preceding the date of a sheriff's sale in an action for judicial foreclosure by either the association or a mortgagee, the date of a trustee's sale in a nonjudicial foreclosure by a mortgagee, or the date of recording of the declaration of forfeiture in a proceeding by the vendor under a real estate contract. (4) The priority of the association's lien against units encumbered by a mortgage held by an eligible mortgagee or by a mortgagee which has given the association a written request for a notice of delinquent assessments shall be reduced by up to three months if and to the extent that the lien priority under subsection (3) of this section includes delinquencies which relate to a period after such holder becomes an eligible mortgagee or has given such notice and before the association gives the holder a written notice of the delinquency. This subsection does not affect the priority of mechanics' or material suppliers' liens, or the priority of liens for other assessments made by the association. (5) If the association forecloses its lien under this section nonjudicially pursuant to chapter 61.24 RCW, as provided by subsection (9) of this section, the association shall not be entitled to the lien priority provided for under subsection (3) of this section. (6) Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same real estate, those liens have equal priority. (7) Recording of the declaration constitutes record notice and perfection of the lien for assessments. While no further recording of any claim of lien for assessment under this section shall be required to perfect the association's lien, the association may record a notice of claim of lien for assessments under this section in the real property records of any county in which the condominium is located. Such recording shall not constitute the written notice of delinquency to a mortgagee referred to in subsection (2) of this section. (8) …
Enforcement
Ref Requirement
(1) Condominiums formed under the old Condominium Act (pre-2018) have the same lien rights for unpaid assessments.
(17) Within 30 days after an assessment becomes past due, the condo association must mail you a notice of delinquency, email it too if it has your email address, and send it in English and in your preferred language. The notice says you could lose your home and lists where to get help. A second notice cannot come sooner than 60 days after the first.
(17)(b) For 15 days after the delinquency notice, the condo association cannot take any other step to collect. The only charges it can add are the cost of printing and mailing the notice, a fee of up to $10, and one late fee of $50 or five percent of the unpaid assessment, whichever is less.
(18)(d) If a housing counselor or attorney refers you to foreclosure mediation, the condo association cannot start a foreclosure until the mediation ends and the mediator certifies it, or until 10 days after that certification was due.
References
Legal references last verified October 17, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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