Washington Condominium Act Assessment Lien Super-Priority Calculator (RCW 64.34.364) — 1990-2018 Cohort

How this calculator works

This calculator computes the super-priority and sub-priority breakdown of a Washington condominium assessment lien under the Washington Condominium Act (RCW 64.34) — the predecessor regime that still governs condominium projects formed between July 1, 1990 and June 30, 2018. Given the monthly common-area assessment, months delinquent, amount paid to date, first-mortgage balance, attorneys' fees and costs, property value, and late fees and fines, it returns:

1. The super-priority dollar amount under RCW 64.34.364(3) — six months of periodic common-area assessments plus reasonable attorneys' fees and costs (statutorily included under RCW 64.34.364(4)).
2. The sub-priority dollar amount — assessments beyond the six-month window, plus late fees and fines.
3. The total lien gross and net of payments to date.
4. The recovery probability bands for both priority classes, based on estimated equity (property value minus first-mortgage balance).

Use the calculator when evaluating a delinquent condominium unit for foreclosure under the Condo Act, when computing the demand-letter amount, when negotiating a first-mortgagee tender, and when documenting collection-policy compliance for the board. For condominiums formed on or after July 1, 2018, use the companion WUCIOA super-priority calculator instead.

The relevant WUCIOA / RCW statute (which regime applies — 2018 cutoff)

This calculator covers the Washington Condominium Act, RCW 64.34, which applies to condominium projects FORMED BETWEEN JULY 1, 1990 AND JUNE 30, 2018. The Condo Act's super-priority framework is the predecessor to the WUCIOA framework that succeeded it.

RCW 64.34.364(1) — The association has a statutory lien on a unit for any assessment levied against the unit and for fines imposed against the unit owner. The lien arises automatically when each assessment becomes due; no recording is required to perfect the lien against the unit owner.

RCW 64.34.364(3) — SIX-MONTH SUPER-PRIORITY. The association lien is prior to a recorded first mortgage to the extent of the common expense assessments based on the periodic budget that would have become due in the absence of acceleration during the six months immediately preceding institution of an enforcement action. Washington established the six-month window in 1989 Condo Act enactment and carried it forward into WUCIOA in 2018.

RCW 64.34.364(4) — The lien is also prior to a recorded first mortgage to the extent of reasonable attorneys' fees and costs incurred in foreclosing the lien.

RCW 64.34.364(5) — Recording of the lien is not required for validity against the unit owner; recording preserves priority against subsequent bona fide purchasers and encumbrancers.

RCW 64.34.364(8) — The association may foreclose its lien judicially under RCW 61.12 or nonjudicially under the Deed of Trust Act (RCW 61.24) if the declaration so provides.

WHICH REGIME APPLIES. Washington has a DUAL-REGIME structure: condominiums formed July 1, 1990 through June 30, 2018 fall under the Condo Act (RCW 64.34); condominiums formed on or after July 1, 2018 fall under WUCIOA (RCW 64.90); pre-1990 condominiums fall under the Horizontal Property Regimes Act (RCW 64.32); planned communities (non-condominium HOAs) fall under the Washington Homeowners' Association Act (RCW 64.38). The first task in every Washington condominium collection file is to pull the original declaration recording date from the county auditor's records and confirm the applicable regime. The substantive six-month super-priority math is identical under WUCIOA and the Condo Act; the citations and procedural details differ.

Washington-specific gotchas (190-day nonjudicial sale notice, dual-regime WUCIOA vs old Condo Act)

RUN THE FORMATION-DATE CHECK FIRST. The most common error in Washington condominium collection practice is citing the wrong statute in a demand letter. A 1995-formed condominium runs under RCW 64.34 — the demand letter cites RCW 64.34.364(3) for super-priority and RCW 64.34.364(4) for attorneys' fees inclusion. A 2020-formed condominium runs under RCW 64.90 — citations shift to RCW 64.90.485(3) and RCW 64.90.485(4). The substantive math is identical, but citing the wrong statute raises a credibility question with opposing counsel.

THE 190-DAY NOTICE OF SALE IS THE LONGEST IN THE COUNTRY. RCW 61.24.040 requires 190 days of notice with a 120-day publication window before the trustee may conduct a nonjudicial sale. This applies to condominium lien foreclosures proceeding under RCW 64.34.364(8) via the Deed of Trust Act. From notice of default to trustee sale, the typical Washington nonjudicial condominium foreclosure runs 8-10 months — much longer than nonjudicial foreclosures in California (3-4 months) or Texas (2-3 months). Practitioners moving to Washington routinely underestimate this timeline.

SIX MONTHS — THE PRE-WUCIOA HERITAGE. Washington chose six months for the Condo Act super-priority window in 1989. When WUCIOA was enacted in 2018, the six-month choice carried over despite the UCIOA model act's nine months — Washington's prior law established the lender-protective baseline. The result: Washington collects less super-priority per delinquency than Connecticut, Massachusetts, or Vermont (all nine-month states), which materially affects collection economics. A $400 monthly assessment delinquency:

• Washington Condo Act six-month super-priority: $2,400 + attorneys' fees.
• Connecticut nine-month super-priority: $3,600 + attorneys' fees.
• 33% less collected per file under Washington's window.

ATTORNEYS' FEES INCLUSION SHARPENS THE MATH. RCW 64.34.364(4) explicitly includes reasonable attorneys' fees and costs in the super-priority position — the same inclusion that WUCIOA later adopted at RCW 64.90.485(4). A $2,400 six-month delinquency plus $4,000 attorneys' fees produces a super-priority position of $6,400 — almost 3x the assessment amount alone. The first-mortgagee tender must cover the full $6,400. Practitioners drafting Condo Act demand letters must cite both subsections (3) and (4) of RCW 64.34.364 and itemize the attorneys'-fees component.

SUMMERHILL v. ROUGHLEY ESTABLISHES THE BACKWARD WINDOW. Summerhill Vil. Homeowners Ass'n v. Roughley, 270 P.3d 639 (Wash. Ct. App. 2012), confirmed that the six months runs BACKWARD from the date of foreclosure-action filing, not from the original delinquency date. An association that delays filing foreclosure for 18 months from delinquency captures only the most recent six months as super-priority — older months are sub-priority. Practical guidance: do not delay filing once the delinquency reaches the full six-month window unless settlement is genuinely close.

DECLARATION MUST AUTHORIZE NONJUDICIAL FORECLOSURE. RCW 64.34.364(8) permits nonjudicial foreclosure only IF the declaration so provides. Many pre-2018 declarations do not include the nonjudicial-foreclosure authorization (the Deed of Trust Act mechanics for HOA liens were less well-established in 1989-2005). Read the declaration's foreclosure-method clause first; if nonjudicial is not authorized, judicial foreclosure under RCW 61.12 is the only option, which carries its own multi-month timeline.

RECORDING WITH THE COUNTY AUDITOR IS STILL RECOMMENDED. Under RCW 64.34.364(5) the association lien arises automatically — no recording is required against the unit owner. But recording with the King County, Pierce County, Snohomish County, or other county auditor preserves priority against subsequent purchasers and lenders. Most Washington collection counsel record within 30-60 days of delinquency aging beyond three months. Recording fees are $20-$50 in most Washington counties.

What this calculator does NOT model

The calculator implements the Condo Act super-priority math. It does NOT:

• Determine whether the project is under the Condo Act, WUCIOA, HPRA, or HOA Act. Pull the declaration recording date from the county auditor before using the calculator.
• Validate that the project's declaration authorizes nonjudicial foreclosure under RCW 64.34.364(8) / RCW 61.24. Check the declaration for the foreclosure-method clause.
• Model the procedural foreclosure timeline (notice of default, 190-day notice of sale, trustee sale). Use the companion Washington HOA foreclosure-timeline calculator.
• Allocate the unit owner's payments between super-priority and sub-priority — the allocation depends on the association's collection policy.
• Validate the reasonableness of the attorneys' fees and costs — the statute requires REASONABLE fees; courts evaluate reasonableness on a per-case basis.
• Model WUCIOA (RCW 64.90) for post-2018 condominiums — use the companion WUCIOA super-priority calculator.
• Model the Horizontal Property Regimes Act (RCW 64.32) for pre-1990 condominiums — those have a materially different lien regime.
• Model the Washington Homeowners' Association Act (RCW 64.38) for pre-2018 planned communities (non-condominium HOAs) — those have no statutory super-priority.
• Address bankruptcy treatment of the super-priority claim — the bankruptcy code interactions with WUCIOA / Condo Act priority are not modeled here.

For any consequential collection or foreclosure, retain Washington counsel with Condo Act enforcement experience to oversee the procedural compliance review.

Sources

Last reviewed: 2026-05-16 against:

• RCW 64.34.364(1) — statutory association lien.
• RCW 64.34.364(3) — six-month super-priority over recorded first mortgage.
• RCW 64.34.364(4) — reasonable attorneys' fees and costs included in super-priority.
• RCW 64.34.364(5) — recording not required for validity.
• RCW 64.34.364(8) — judicial foreclosure under RCW 61.12 or nonjudicial foreclosure under RCW 61.24.
• RCW 64.34.010 — Condo Act applicability (condominiums formed 1990-2018).
• RCW 64.90 — Washington Uniform Common Interest Ownership Act (post-2018 successor regime).
• RCW 64.32 — Horizontal Property Regimes Act (pre-1990 condominiums; materially different).
• RCW 61.24 — Deed of Trust Act nonjudicial foreclosure machinery.
• Summerhill Vil. Homeowners Ass'n v. Roughley, 270 P.3d 639 (Wash. Ct. App. 2012) — super-priority enforcement and backward-window holding.
• Washington State Bar Association Real Property, Probate and Trust Section practitioner materials on Condo Act enforcement.