WUCIOA Assessment Lien Super-Priority Calculator — Six-Month Washington Window (RCW 64.90.485)

How this calculator works

This calculator computes the super-priority and sub-priority breakdown of a Washington common interest community assessment lien under WUCIOA. Given the monthly 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 64.90.485(3) — six months of periodic common-expense assessments plus reasonable attorneys' fees and costs (statutorily included under RCW 64.90.485(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 unit for foreclosure, when computing the demand-letter amount, when negotiating a first-mortgagee tender, and when documenting collection-policy compliance for the board.

The super-priority amount is the figure the first-mortgage holder will typically tender to preserve its lien priority. The sub-priority amount is the figure that depends on equity at trustee or judicial sale.

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

Washington has a DUAL-REGIME structure for common interest community lien priority. The first question in every Washington HOA collection file is which regime governs the project.

WUCIOA — RCW 64.90 — projects formed on or after July 1, 2018. The Washington Uniform Common Interest Ownership Act covers condominiums, planned communities, and cooperatives formed on or after the effective date. RCW 64.90.485 is the lien provision. RCW 64.90.485(3) gives the association lien a SIX-MONTH super-priority over the recorded first mortgage. RCW 64.90.485(4) includes reasonable attorneys' fees and costs in the super-priority position. RCW 64.90.485(10) permits judicial foreclosure under RCW 61.12 or nonjudicial foreclosure under RCW 61.24 if the declaration so provides.

Washington Condominium Act — RCW 64.34 — condominiums formed July 1, 1990 through June 30, 2018. Pre-WUCIOA condominiums remain under the Condo Act unless they opted into WUCIOA under RCW 64.90.080. RCW 64.34.364 is the parallel lien provision; the substantive super-priority math is identical (six months plus attorneys' fees). The Condo Act calculator handles these cases.

Horizontal Property Regimes Act — RCW 64.32 — condominiums formed before July 1, 1990. A small but non-zero population of older condominiums. The HPRA lien provisions are materially different and not modeled here; consult Washington counsel.

Washington Homeowners' Association Act — RCW 64.38 — planned communities formed before July 1, 2018. Pre-WUCIOA HOAs (non-condominium) remain under RCW 64.38, which does NOT include a statutory super-priority. Pre-2018 HOA lien collection depends on the declaration's lien-priority provisions and Washington's general lien-priority rules.

Washington chose six months for the WUCIOA super-priority window — HALF the UCIOA model nine months — in a deliberate 2018 lender-protective compromise. The Washington Bankers Association lobbied for the shorter window during enactment. Practitioners moving between Washington and other UCIOA-adopting states (Connecticut nine months, Massachusetts nine months, Vermont nine months) must adjust the math accordingly.

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

DUAL-REGIME REQUIRES A FORMATION-DATE CHECK. Every Washington HOA collection file starts with the question: when was the project formed? WUCIOA only applies to projects formed on or after July 1, 2018. A 1995-formed condominium runs under RCW 64.34 (the Washington Condominium Act) with the parallel RCW 64.34.364 super-priority. A 2005-formed planned community runs under RCW 64.38, which has NO statutory super-priority. A 2020-formed condominium runs under RCW 64.90 (WUCIOA). The substantive six-month math is the same under WUCIOA and the Condo Act, but procedural details differ. Document the regime in the file from the start; treating a Condo Act project as a WUCIOA project (or vice versa) is the most common Washington practitioner error.

WASHINGTON HAS THE LONGEST NONJUDICIAL SALE NOTICE 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 HOA lien foreclosures proceeding under RCW 64.90.485(10) and RCW 64.34.364(8) via the Deed of Trust Act. From notice of default to trustee sale, the typical Washington nonjudicial HOA foreclosure runs 8-10 months. Practitioners from California (where the nonjudicial-sale notice can be as short as 3-4 months) routinely underestimate the Washington timeline. See the companion Washington HOA foreclosure-timeline calculator.

SIX MONTHS — NOT NINE. Washington's six-month super-priority is the most lender-protective among UCIOA-adopting states. Connecticut, Massachusetts, and Vermont all chose nine months. Colorado chose six months and Washington followed Colorado's lead during 2018 enactment. The result: a Washington HOA collects less super-priority per delinquency than a nine-month state, which materially affects collection economics. A $425 monthly assessment delinquency:

• Washington six-month super-priority: $2,550 + attorneys' fees.
• Connecticut nine-month super-priority: $3,825 + attorneys' fees.
• 33% less collected per file under Washington's window.

ATTORNEYS' FEES INCLUSION MATTERS. RCW 64.90.485(4) explicitly includes reasonable attorneys' fees and costs in the super-priority position. This is one of the WUCIOA-adopting features that improves Washington's six-month math. A $2,550 six-month delinquency plus $4,500 attorneys' fees produces a super-priority position of $7,050 — almost 3x the assessment amount alone. The first-mortgagee tender must cover the full $7,050. Practitioners drafting demand letters must cite both subsections (3) and (4) of RCW 64.90.485 and itemize the attorneys'-fees component.

RECORDING IS NOT REQUIRED BUT IS STRONGLY RECOMMENDED. Under RCW 64.90.485(1) and (5) the association lien arises automatically when each assessment becomes due — no recording is needed against the unit owner. However, recording with the county auditor preserves priority against subsequent purchasers and lenders. Most Washington HOA collection counsel record within 30-60 days of the delinquency aging beyond three months. Recording fees are $20-$50 in most Washington counties.

ACCELERATED FUTURE ASSESSMENTS DO NOT QUALIFY. The statute explicitly limits super-priority to assessments that would have become due IN THE ABSENCE OF ACCELERATION. A common practitioner error is to include accelerated future assessments in the super-priority calculation; this is incorrect under RCW 64.90.485(3). Only the periodic budgeted assessments for the six months preceding the foreclosure action qualify.

ONLY PERIODIC COMMON-EXPENSE ASSESSMENTS QUALIFY. Special assessments levied outside the periodic budget process do not qualify for super-priority. A one-time $5,000 roof-replacement special does not qualify; a $50/month recurring special charged as an addition to the regular monthly assessment may qualify if budgeted as a periodic common-expense assessment. The distinction is fact-specific; consult Washington counsel.

What this calculator does NOT model

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

• Determine which Washington regime governs the project (WUCIOA, Condo Act, HPRA, or HOA Act). Make that determination from the recorded declaration's effective date before using the calculator.
• Validate that the project's declaration authorizes nonjudicial foreclosure under RCW 64.90.485(10) / 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 and WUCIOA's payment-allocation rules under RCW 64.90.405.
• Validate the reasonableness of the attorneys' fees and costs — the statute requires REASONABLE fees; courts evaluate reasonableness on a per-case basis.
• Model the Horizontal Property Regimes Act (RCW 64.32) for pre-1990 condominiums — those have a materially different lien regime.
• Address bankruptcy treatment of the super-priority claim — the bankruptcy code's section 1322(b)(2) anti-modification rule and section 506 secured-claim treatment interact with WUCIOA priority in ways not modeled here.
• Compute the first-mortgagee notification requirements under RCW 61.24 — notice to the first mortgagee is a separate procedural step in the nonjudicial path.

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

Sources

Last reviewed: 2026-05-16 against:

• RCW 64.90.485(1) — statutory association lien.
• RCW 64.90.485(3) — six-month super-priority over recorded first mortgage.
• RCW 64.90.485(4) — reasonable attorneys' fees and costs included in super-priority.
• RCW 64.90.485(5) — recording not required for validity.
• RCW 64.90.485(10) — judicial foreclosure under RCW 61.12 or nonjudicial foreclosure under RCW 61.24.
• RCW 64.90.010 — WUCIOA applicability (projects formed on or after July 1, 2018).
• RCW 64.34.364 — Washington Condominium Act parallel super-priority for projects formed 1990-2018.
• RCW 64.38 — Washington Homeowners' Association Act (no statutory super-priority for pre-2018 planned communities).
• RCW 64.32 — Horizontal Property Regimes Act (pre-1990 condominiums; materially different).
• RCW 61.24 — Deed of Trust Act nonjudicial foreclosure machinery.
• Washington Bankers Association legislative history on the six-month compromise during 2018 WUCIOA enactment.
• Washington State Bar Association Real Property, Probate and Trust Section practitioner materials on WUCIOA enforcement.