FAIRWAY ESTATES v. UNKNOWN HEIRS

No. 68152-4-I.

289 P.3d 675 (2012)

FAIRWAY ESTATES ASSOCIATION OF APARTMENT OWNERS, a Washington non-profit corporation, Appellant, v. UNKNOWN HEIRS and DEVISEES OF Robert D. YOUNG; Estate of Robert D. Young, deceased; Unknown Heirs and Devisees of Zella E. Young; Estate of Zella E. Young, deceased; Unknown Heirs and Devisees of Moneta Harris a/k/a Moneta Young a/k/a Moneta M. Jorstad; Estate of Moneta Harris a/k/a Moneta Young a/k/a Moneta M. Jorstad, deceased; Judy Havens and John Doe Havens, wife and husband or state registered domestic partners, Defendants, Sand Point Country Club, Inc., a Washington non-profit corporation; Respondent, Financial Freedom Senior Funding Corporation, a Delaware corporation as successor in interest to Transamerica Homefirst, Inc.; Wells Fargo Bank, N.A., successor by merger to Norwest Bank Minnesota North, N.A., as Trustee of Unknown Trust; Betty Dalhanyk and John Doe Dalhanyk, wife and husband or state registered domestic partners; Bonnie Norman and Gary Norman, wife and husband or state registered domestic partners; Mark Jorstad and Jane Doe Jorstad, husband and wife or state registered domestic partners; Gary Norman as Trustee of Unknown Trust for Benefit of Moneta Harris a/k/a Moneta Young a/k/a Moneta M. Jorstad; John Doe and Jane Doe, Unknown Occupants of the Subject Real Property; and also all other persons or parties unknown claiming any right, title, estate, lien, or interest in the real estate described in the Complaint herein, Defendants.

Court of Appeals of Washington, Division 1.

December 3, 2012.


Attorney(s) appearing for the Case

Robert G. Casey , Attorney at Law, Tacoma, WA, for Respondent.

Michael Alan Padilla , Attorney at Law, Seattle, WA, for Appellant.


DWYER, J.

¶ 1 The Fairway Estates Association of Apartment Owners — a condominium association comprised entirely of persons owning their apartment units by way of leasehold — appeals from the trial court's determination that its statutory lien for unpaid assessments attaches only to a member's leasehold interest in that unit. The Association asserts that, because both the relevant statutory scheme and the condominium declaration stipulate that the...

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