[WSBARP] Cutting Off Water OK?

[Paul Neumiller]

I realize that but the general thought was that if this procedure worked for meeting requirements of adequate notice, etc.  then perhaps it would survive scrutiny for a HOA.


[cid:image003.jpg at 01D4FC0E.186D6070]

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of nestor at pplsweb.com
Sent: Thursday, April 25, 2019 5:51 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Cutting Off Water OK?

The problem is that WAC 480-110-205 says that the rules in Chapter 480-110 apply to Water Companies. Good try on the suggestion.


Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Thursday, April 25, 2019 4:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Cutting Off Water OK?

Well, this has been interesting.  I appreciate all who have chipped in (especially Rob and Eric (who always give great advice based on knowledge and experience)), including those who have emailed me off-line humorously because they didn't want to get "publicly flogged."

A great suggestion was to follow the guidelines set forth in WAC 480-110-355(3) if the Association insists on cutting off the water.


[Paul A  Neumiller]



From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Eric Nelsen
Sent: Thursday, April 25, 2019 12:26 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Cutting Off Water OK?

Please, colleagues, Paul is just asking a question about the scope of legal authority. He's already made clear that he understands it's a bad idea but his question is about what is legally possible, not what is advisable.

Paul, I know of no authority that would prevent a water purveyor from suspending service for non-payment. There is a generalized "duty to provide service" per WAC 246-290-106<https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fapp.leg.wa.gov%2Fwac%2Fdefault.aspx%3Fcite%3D246-290%26full%3Dtrue%23246-290-106&data=02%7C01%7C%7Cb53802577b3d4b2a06e208d6c9e23a6b%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636918370810141835&sdata=GrZB1%2FuI1jLYhQQXditdiGaZRsbVEH3rpLkmQDNLwhI%3D&reserved=0>, but that relates more to offering service if a consumer is within the water system's area. I don't know what interaction there may be between water purveyor regulations, and old-style condos that can control the water supply to individual units. Probably none, but it's the only source of legal authority re access to potable water supply that I can think of.

You might call DOH and ask them if there's any prohibition on, say, one of the Group B water systems suspending service to a house if the water bill hasn't been paid. They might give some guidance that's not directly applicable but helpful in assessing whether or not any actual legal impediment exists.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, April 24, 2019 5:01 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Cutting Off Water OK?


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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