[WSBARP] Cutting Off Water OK?

Fri Apr 26 10:39:04 PDT 2019

http://mrsc.org/Home/Explore-Topics/Public-Works/General-Utility-Topics/Coll
ection-Practices-for-Delinquent-Utility-Accoun.aspx

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Friday, April 26, 2019 8:58 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Cutting Off Water OK?

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.  

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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 nestor at pplsweb.com
<mailto:nestor at pplsweb.com> 
Sent: Thursday, April 25, 2019 5:51 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto: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.  

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.w
a.gov%2Fwac%2Fdefault.aspx%3Fcite%3D246-290%26full%3Dtrue%23246-290-106&data
=02%7C01%7C%7Cb53802577b3d4b2a06e208d6c9e23a6b%7C84df9e7fe9f640afb435aaaaaaa
aaaaa%7C1%7C0%7C636918370810141835&sdata=GrZB1%2FuI1jLYhQQXditdiGaZRsbVEH3rp
LkmQDNLwhI%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:  <mailto:wsbarp-bounces at lists.wsbarppt.com>
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:  <mailto:wsbarp at lists.wsbarppt.com> 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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