5058 AMS PFLU S1727.2

SB 5058  - S AMD18
     By Senator Pflug

NOT CONSIDERED 05/25/2011

     On page 5, after line 16, strike everything through "units;" on line 22 and insert the following:
     "(((ee) Under RCW 64.32.200(2), in an action to foreclose upon a lien for common expenses against a dwelling unit subject to the horizontal property regimes act, chapter 64.32 RCW;
     (ff) Under RCW 64.34.364(10), in an action by a unit owners' association to foreclose a lien for nonpayment of delinquent assessments against condominium units;
))
     (ee) Under RCW 64.32.200(2), in an action or proceeding commenced under chapter 61.12 or 61.24 RCW to foreclose upon a lien for common expenses against a dwelling unit subject to the horizontal property regimes act, chapter 64.32 RCW. For purposes of this subsection (1)(ee), a judicial action is commenced as provided in superior court civil rule 3(a) and a nonjudicial proceeding is commenced under chapter 61.24 RCW upon the service of notice of default described in RCW 61.24.030(8);
     (ff) Under RCW 64.34.364(10), in an action or proceeding commenced under chapter 61.12 or 61.24 RCW by a unit owners' association to foreclose a lien for nonpayment of delinquent assessments against condominium units. For purposes of this subsection 1(ff), a judicial action is commenced as provided in superior court civil rule (3)(a) and a nonjudicial proceeding is commenced under chapter 61.24 RCW upon the service of notice of default described in RCW 61.24.030(8);
"

     On page 11, line 1, after "RCW 7.60.025(1)(b)" insert ", (ee), or (ff)"

EFFECT:  This amendment clarifies that foreclosure of a declaration of condominium lien judicial action against owners of condominium units is commenced upon service of a notice of default or, in the alternative, filing or service of a foreclosure complaint.

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