[WSBARP] Cutting Off Water OK?

[Paul Neumiller]

Listmates, I represent a Condo Association formed under the Horizontal Property Regimes Act.  Assume they have not elected to be governed by any later Act. They ask if they really have the power to cut off water to a unit that is behind in the payment of assessments.  The Declaration says that "the Board shall have the right after having given ten (10) days notice to any unit owner who is delinquent in paying his assessments or charges, to cut off any or all utility services to the delinquent owner's unit until such assessments or charges are paid."  Also, RCW64.32.200 gives the same right ("ten days notice shall be given the delinquent apartment owner to the effect that unless such assessment is paid within ten days any or all utility services will be forthwith severed and shall remain severed until such assessment is paid.)  Later condo acts did not carry on this express provision.



OK, I guess I have a fear of the unknown.  After reviewing about fifty cases (using the words "condominium" and "utilities" for search parameters), I have found no reported WA cases that address this issue.  I know this is a draconian act but the client has asked the question anyway.  The local municipality that provides the water says they will not shut off the water without a court order but they have no control over a shut off valve that is beyond the municipality's meter.  Assume the Condo Association does have its own shut-off valve.



I know, I know.  What if a disabled person lives there?  What if a person lives there that relies on water for medical treatment, etc.  Any thoughts or war stories?




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