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Condominium Developers Should Keep In Mind Condo Act Provisions Requiring Lien Releases For Individual Units
Where a contractor liens a condominium project, the entire project does not need to be held hostage until the claim is negotiated.  Instead, developers should take advantage of an important provision in Washington’s Condominium Act requiring a lien release as to individual condominium units upon payment of those units’ common expense liability under the condominium declaration.
        For example, if a general contractor records a $1 million lien against a 100-unit condominium project, a developer can still sell and close units while the lien is in place.  Rather than posting a $1.5 million bond or paying the lien in its entirety, a developer may simply pay to the contractor that single unit’s share of the lien as set forth in the declaration, and the contractor must then release the lien as to that unit.  In this example, assume the declaration assigns a 1% interest to the unit at issue.  Here, the developer need only pay $10,000 from the proceeds of that unit’s sale to release the lien and pass clear title to the buyer.  This release process may be used to pass clear title for any number of units. 
        The statute requiring this unit-by-unit release of claims of lien is RCW ... more

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