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

[Clark, Catherine]

Yes, excellent point.

I'm wondering if we would argue that it is a matter of control and not so much an undivided interest in a common area.

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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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John M. Riley III
Sent: Friday, February 27, 2015 2:55 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Do you think RCW 4.24.630 Applies to Condos?

I think you will find under the Condominium Act, assuming this is a condominium to which that act applies, that all unit owners hold an undivided ownership interest in the common area.  So it appears it would not be possible to meet the "going onto the land of another" requirement of 4.24.630.  See the Etzel case.

John Riley


John M. Riley, III

Principal | Witherspoon * Kelley

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Clark, Catherine
Sent: Friday, February 27, 2015 2:22 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Do you think RCW 4.24.630 Applies to Condos?

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');>
NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited.  If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.

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