[WSBARP] Do you think RCW 4.24.630 Applies to Condos?

[Clark, Catherine]

Listmates:

I represent a condominium unit owner who has suffered multiple floods in his unit as a result of a failing plumbing system - a common area.  His kitchen and living room have been un-useable since September 2014.  The HOA has not responded to our letters so we are in the process of filing suit.

I'm wondering if RCW 4.24.630 applies to condos?  I acknowledge that the statute says land, and it does apply to timber claims, but it is also a general statute on waste.  I am, again, thinking outside the box here.

Apart from the uphill battle I will likely face on equating a condo with "land" (I'm happy to take that argument up), do you see any other reason why this statute would not apply in this circumstance?

Trespass is also available it seems to me.

All thoughts appreciated.

Thanks.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
701 Fifth Avenue, Suite 4105
Seattle, WA  98104
Phone:  (206) 838-2528
Fax: (206) 374-3003
Email:  cat at loccc.com<javascript:_e(%7b%7d,%20'cvml',%20'cat at loccc.com');>
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