[WSBARP] Cutting Off Water OK?

[Roger Moss]

No, it is not okay to cut off water to a residence because HOA dues are unpaid. I mean, are these people kidding? No, I know better. It is a condo association.

I imagine you have been sending hounds of hell letters to the resident at your client’s direction. Whether you have or not, I recommend your client engage a professional neutral to contact the resident. Doing so may surface clues to resolve the matter. Hire someone who has actually managed real estate if possible, and understands the role of behavioral health issues in creating absurd situations like you describe. Chances are overwhelming that illness is operating somewhere in this scenario.

If these efforts fail, then the HOA should pursue other remedies they have under these circumstances. No matter the theoretical legality of cutting off the water, it’s a stupid move that will backfire. Not the best reason to avoid such an act, but one your client may find palatable than others.

Roger A. Moss, Esq. 
Pacific Conflict Intervention
206.790.1971 Seattle
415.371.9724 San Francisco
www.pacific-ci.com

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> On Apr 24, 2019, at 5:00 PM, Paul Neumiller <pneumiller at hotmail.com> wrote:
> 
> 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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