Selling a House With Unpaid HOA Dues in Washington (2026)

Short answer: You can sell a Washington home while you’re behind on HOA or condo dues. The past-due balance, plus any allowed late fees, interest and collection costs, is usually paid from your proceeds at closing. The association has a lien for unpaid assessments, and in most communities the buyer would share liability for anything left unpaid, so escrow won’t close without a current statement of what’s owed. The sooner you ask for that statement, the fewer surprises at closing.

This is general information, not legal advice. Which statute applies depends on when your community was created and what its governing documents say. Talk to a Washington real estate attorney if you’re facing collection or foreclosure.

Which law applies to your association

Washington is partway through moving all common interest communities to one law, the Washington Uniform Common Interest Ownership Act (chapter 64.90 RCW). Until January 1, 2028, there are three main possibilities:

• Chapter 64.90. Applies to communities created on or after July 1, 2018, and older ones that amended their governing documents to opt in (RCW 64.90.360). From January 1, 2028, it applies to all common interest communities, with some exceptions.
• Chapter 64.38 (homeowners’ associations). Governs many older HOAs for houses and lots. It’s marked "effective until January 1, 2028."
• Chapter 64.34 (condominiums). Governs many older condos that haven’t opted in to 64.90. It’s also marked "effective until January 1, 2028."

Chapters 64.34 and 64.38 are repealed effective January 1, 2028, so if your sale closes after that date, the 64.90 rules will apply. Your association’s manager or attorney can tell you which chapter it follows now.

How unpaid dues follow the property

Under RCW 64.90.485, the association has a statutory lien on the unit for any unpaid assessment from the time it’s due. A few parts of that section matter most when you sell:

• Priority over the mortgage, up to a point. The lien is generally junior to a first mortgage, except for up to six months of regular budgeted assessments (not including capital improvement assessments) plus, with notice to the lender, limited attorney fees and costs of no more than $2,000 or the six-month amount, whichever is less.
• Buyer liability. In a voluntary sale, the buyer is jointly and severally liable with the seller for unpaid assessments up to the time of the sale, and can recover them from the seller (RCW 64.90.485(17)). RCW 64.34.364 has the same rule for older condos.
• A binding statement. On written request, the association has to provide a statement of unpaid assessments within 15 days, and it binds the association and the board (RCW 64.90.485(11)).
• Six-year limit. The lien and personal liability are extinguished unless the association starts proceedings within six years after the full amount becomes due.

For an older HOA under chapter 64.38, RCW 64.38.100’s notice and foreclosure rules apply only if the governing documents provide for a lien, so check your declaration and ask the association in writing for a current balance. Either way, the balance shows up in escrow next to your mortgage payoff and any contractor lien.

Late notices, fees and foreclosure limits

Both RCW 64.90.485 and RCW 64.38.100 set the same basic steps before an association can foreclose:

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Based on: RCW 64.90.485 and RCW 64.38.100 (effective until Jan. 1, 2028). Older condominiums follow RCW 64.34.364, which has similar notice and foreclosure provisions.

What the buyer sees: the resale certificate and Form 17

In a community under chapter 64.90, the seller has to give the buyer a resale certificate from the association before the contract is signed or before conveyance (RCW 64.90.640). Among other things, it states the assessment currently due on your unit, any delinquent assessments and any levied special assessments not yet paid, plus association-wide past-due figures current to within 45 days. The association has 10 days after your request to provide it and can charge you up to $275 to prepare it, plus up to $100 for an update within six months. The buyer isn’t liable for unpaid assessments greater than the amount on the certificate, and a seller isn’t liable for errors the association makes in it. The buyer can also cancel within five business days after first receiving it, under the rules in that section. Older condos have a similar certificate under RCW 64.34.425.

Washington’s seller disclosure statement, Form 17 (RCW 64.06.020), also asks about the association. RCW 64.06.020 currently has two versions on the Legislature’s site: one marked effective until January 1, 2027, and one effective January 1, 2027. The questions quoted here appear in both. If your sale runs across the new year, check which form is being used.

Data from: RCW 64.06.020 (Form 17 Items 1H and 6A–6D) and RCW 64.06.030 and .040.

Under RCW 64.06.030, the form goes to the buyer within five business days after mutual acceptance unless the contract says otherwise, and the buyer has three business days to accept it or rescind. If an answer becomes wrong before closing, for example because a special assessment is approved, RCW 64.06.040 requires you to amend it.

Steps before you list

• Ask the association, in writing, for your current balance and a payment history. Under 64.90, the formal statement comes within 15 days.
• Order the resale certificate early. It can take up to 10 days, and the buyer’s review period starts when they get it.
• Decide whether to catch up before listing or pay the balance from proceeds. Ask escrow how it will be shown on your settlement statement, along with your property taxes when you sell.
• If a foreclosure notice has arrived, call a real estate attorney before you sign a listing, and tell your agent so the timeline is realistic.

Our guides to selling a condo and selling a townhouse cover the rest of the association paperwork, and the true cost of selling a house in Washington shows where HOA items fit among other closing costs.

FAQ

Can I sell my house if I’m behind on HOA dues?

Yes. In most sales the past-due amount is paid out of your proceeds at closing, the same way a mortgage payoff is. Escrow will ask the association for a statement of what’s owed. Under RCW 64.90.485, an association governed by chapter 64.90 has to provide that statement within 15 days of a written request, and the statement is binding on the association.

Does the buyer have to pay my past-due HOA dues?

Under chapter 64.90 (and RCW 64.34.364 for older condos), the buyer in a voluntary sale is jointly and severally liable with the seller for unpaid assessments up to the date of sale, but can recover them from the seller. A 64.90 buyer isn’t liable for more than the amount shown on the resale certificate. That’s why escrow collects the balance from the seller before closing.

What is a resale certificate and who pays for it?

For a unit in a community under chapter 64.90, the seller has to give the buyer a resale certificate from the association (RCW 64.90.640). It lists the assessment currently due, any delinquent assessments and other information. The association has to provide it within 10 days of the owner’s request, and its charge to the owner may not exceed $275, plus up to $100 for an update within six months.

What fees can an HOA add when I’m late?

Under RCW 64.90.485 and RCW 64.38.100, the association must mail a notice of delinquency within 30 days after an assessment is past due. Until that notice period ends, it can charge only printing and mailing costs, a fee of no more than $10, and a single late fee of no more than $50 or 5 percent of the unpaid assessment, whichever is less. Later, interest, attorney fees and collection costs can be added.

Can the HOA foreclose on my house?

It can, but only after specific steps. Under RCW 64.90.485 and RCW 64.38.100, an association can’t start foreclosure unless the owner owes at least the greater of three months of assessments or $2,000 (not counting fines, late fees, interest, attorney fees or costs), a second notice has been sent, and the board has approved it, among other conditions. If you’re behind and want to sell, talk to the association and a real estate attorney early.

Talk it through with a local agent

Peter Kim and Odigo Real Estate Club can help you get the association paperwork moving early, disclose it correctly and plan the sale around what’s owed, with 25+ years combined experience, 593+ closings, and 122 five-star Zillow reviews. See our home selling services or ask for a property valuation.

Odigo Real Estate Club · REAL Brokerage, WA #112064 · 16108 Ash Way, Suite 201, Lynnwood, WA 98087 · (425) 409-3823 · Mon–Sat 9 AM–6 PM, closed Sunday

Sources

• Washington State Legislature, RCW 64.90.360 (common interest communities: when chapter 64.90 applies; January 1, 2028), https://app.leg.wa.gov/RCW/default.aspx?cite=64.90.360 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 64.90.485 (lien for assessments; priority; statement of unpaid assessments; buyer liability; notices; foreclosure limits), https://app.leg.wa.gov/RCW/default.aspx?cite=64.90.485 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 64.90.640 (resale of units: resale certificate, fees, buyer cancellation), https://app.leg.wa.gov/RCW/default.aspx?cite=64.90.640 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 64.38.100 (HOA liens for unpaid assessments: notice of delinquency and second notice; effective until Jan 1, 2028), https://app.leg.wa.gov/RCW/default.aspx?cite=64.38.100 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 64.38.095 (application of chapter 64.38 to common interest communities), https://app.leg.wa.gov/RCW/default.aspx?cite=64.38.095 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 64.34.364 (condominium lien for assessments; effective until Jan 1, 2028), https://app.leg.wa.gov/RCW/default.aspx?cite=64.34.364 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 64.34.425 (condominium resale certificate; effective until Jan 1, 2028), https://app.leg.wa.gov/RCW/default.aspx?cite=64.34.425 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 64.06.020 (seller disclosure statement form; version effective until Jan 1, 2027 and version effective Jan 1, 2027), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.020 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 64.06.030 (delivery of the disclosure statement and buyer’s right to rescind), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.030 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 64.06.040 (amending the disclosure statement), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.040 , accessed Nov 4, 2026.

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