Wash. Rev. Code » Title 64 · Chapter 64.34

Wash. Rev. Code § 64.34.360

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(1) Until the association makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the association, assessments must be made against all units, based on a budget adopted by the association.
(2) Except for assessments under subsections (3), (4), and (5) of this section, all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to RCW 64.34.224(1). Any past due common expense assessment or installment thereof bears interest at the rate established by the association pursuant to RCW 64.34.364.
(3) To the extent required by the declaration:
(a) Any common expense associated with the operation, maintenance, repair, or replacement of a limited common element shall be paid by the owner of or assessed against the units to which that limited common element is assigned, equally, or in any other proportion that the declaration provides;
(b) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited;
(c) The costs of insurance must be assessed in proportion to risk; and
(d) The costs of utilities must be assessed in proportion to usage.
(4) Assessments to pay a judgment against the association pursuant to RCW 64.34.368(1) may be made only against the units in the condominium at the time the judgment was entered in proportion to their allocated common expense liabilities at the time the judgment was entered.
(5) To the extent that any common expense is caused by the misconduct of any unit owner, the association may assess that expense against the owner's unit.
(6) If common expense liabilities are reallocated, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities.
[ 1990 c 166 s 5; 1989 c 43 s 3-116.]

Notes:

Effective date—1990 c 166: See note following RCW 64.34.020.
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 2005–2021 · leading case: Keller v. Sixty-01 Associates of Apartment Owners
Sort: Relevance Newest Treatment
Keller v. Sixty-01 Associates of Apartment Owners (2005) washctapp · cites it 11× “Specifically, the Kellers claim that RCW 64.34.360(3) is automatically applicable to Sixty-01, making it unnecessary to amend the Declaration to take advantage of its provisions.”
Summerhill Village Homeowners Ass'n v. Roughley (2012) washctapp “(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…”
Casey v. Sudden Valley Community Ass'n (2014) washctapp · cites it 6× “¶23 To the extent RCW 64.34.360(1) requires assessments to be ratified at the same time and by the same process under the Condominium Act, 13 the legislature did not use the same language in the homeowners’ association act.”
Bogomolov v. LAKE VILLAS CONDOMINIUM ASS'N (2006) washctapp “The court noted that a change in the common expense allocation, without a change in the percentage of undivided interest, was specifically allowed by the decoupling of those two elements in RCW 64.34.360(3). Keller, 127 Wash.App. at 624-25 , 112 P.”
Donald Leo v. Diana Court Owners Association (2017) washctapp · cites it 10× “Leo now argues that the trial court erred in denying his motion for partial summary judgment and in entering final judgment because it misinterpreted the “Diana Court Declaration” and failed to apply the plain language of RCW 64.34.360(3). We reverse the trial court’s decision…”
Sudden Valley Community Association, App v. Curt Casey, Dave Scott, Barbara Volkov, Resps (2014) washctapp · cites it 7× “025(3) and (4) quoted above—as well as RCW 64.34.360(1 )'s requirement that "After any assessment has been made by the association, assessments must be made against all units, based on a budget adopted by the association.”
Klahanie Assoc., Resp v. Sundance At Klahanie Condominium Assoc., App (2017) washctapp “364(7) states that "Necording of the declaration constitutes record notice and perfection of the lien for assessments." And, the WCA gives statutory superpriority to condominium association assessment liens over other liens, with limited exceptions.”
Denise Brackett Woodley v. Style Corporation D/b/a (2019) washctapp “7618 STOEBUCK&WEAVER, supra, at 23; RCW64.34.360(3), .364. ~ RCW 64.34.364. 78 RCW 64.”
Akram Hosseinzadeh v. Bellevue Park Homeowners Association (2019) washctapp “'"38 Article 9 imposes a corresponding liability on each owner to "pay [her] share of the common expenses and special charges."37 And "[u]npaid assessments shall constitute a lien upon the unit which has not paid.”
Shamim Mohandessi And Joseph Grace, Apps/cross-res. v. Urban Venture, Llc, Res/cross-apps. (2020) washctapp “” See also RCW 64.34.360(2) (“all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to RCW 64.”
Shamim Mohandessi And Joseph Grace, Apps/cross-res. v. Urban Venture, Llc, Res/cross-apps. (2020) washctapp “” See also RCW 64.34.360(2) (“all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to RCW 64.”
Lost Lake Resort Condo Assn, V. Lost Lake Resort (2021) washctapp “” RCW 64.34.360(4). Because the Association’s litigation is funded by assessments paid by owners, the declaration gives owners a say in whether or not the Association can file suit on their behalf.”
— Wash. Rev. Code § 64.34.360(1) — 3 cases
Summerhill Village Homeowners Ass'n v. Roughley (2012) washctapp “(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…”
Casey v. Sudden Valley Community Ass'n (2014) washctapp “¶23 To the extent RCW 64.34.360(1) requires assessments to be ratified at the same time and by the same process under the Condominium Act, 13 the legislature did not use the same language in the homeowners’ association act.”
Sudden Valley Community Association, App v. Curt Casey, Dave Scott, Barbara Volkov, Resps (2014) washctapp “025(3) and (4) quoted above—as well as RCW 64.34.360(1 )'s requirement that "After any assessment has been made by the association, assessments must be made against all units, based on a budget adopted by the association.”
— Wash. Rev. Code § 64.34.360(2) — 2 cases
Shamim Mohandessi And Joseph Grace, Apps/cross-res. v. Urban Venture, Llc, Res/cross-apps. (2020) washctapp “” See also RCW 64.34.360(2) (“all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to RCW 64.”
Shamim Mohandessi And Joseph Grace, Apps/cross-res. v. Urban Venture, Llc, Res/cross-apps. (2020) washctapp “” See also RCW 64.34.360(2) (“all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to RCW 64.”
— Wash. Rev. Code § 64.34.360(3) — 4 cases
Keller v. Sixty-01 Associates of Apartment Owners (2005) washctapp “Specifically, the Kellers claim that RCW 64.34.360(3) is automatically applicable to Sixty-01, making it unnecessary to amend the Declaration to take advantage of its provisions.”
Bogomolov v. LAKE VILLAS CONDOMINIUM ASS'N (2006) washctapp “The court noted that a change in the common expense allocation, without a change in the percentage of undivided interest, was specifically allowed by the decoupling of those two elements in RCW 64.34.360(3). Keller, 127 Wash.App. at 624-25 , 112 P.”
Donald Leo v. Diana Court Owners Association (2017) washctapp “Leo now argues that the trial court erred in denying his motion for partial summary judgment and in entering final judgment because it misinterpreted the “Diana Court Declaration” and failed to apply the plain language of RCW 64.34.360(3). We reverse the trial court’s decision…”
Denise Brackett Woodley v. Style Corporation D/b/a (2019) washctapp “7618 STOEBUCK&WEAVER, supra, at 23; RCW64.34.360(3), .364. ~ RCW 64.34.364. 78 RCW 64.”
— Wash. Rev. Code § 64.34.360(3)(a) — 1 case
Donald Leo v. Diana Court Owners Association (2017) washctapp “Leo now argues that the trial court erred in denying his motion for partial summary judgment and in entering final judgment because it misinterpreted the “Diana Court Declaration” and failed to apply the plain language of RCW 64.34.360(3). We reverse the trial court’s decision…”
— Wash. Rev. Code § 64.34.360(4) — 1 case
Lost Lake Resort Condo Assn, V. Lost Lake Resort (2021) washctapp “” RCW 64.34.360(4). Because the Association’s litigation is funded by assessments paid by owners, the declaration gives owners a say in whether or not the Association can file suit on their behalf.”
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