Opinion
No. 56162-6-I.
Filed: April 24, 2006.
Appeal from Superior Court of King County. Docket No: 04-2-03030-7. Judgment or order under review. Date filed: 04/29/2005. Judge signing: Hon. Doyle Theresa B.
Counsel for Appellant(s), Joseph Andrew Grube, Ricci Grube Aita PLLC, 1601 2nd Ave Ste 1080, Seattle, WA 98101-3526.
Todd K. Skoglund, Casey Skoglund PLLC, 2825 NW Market St, Seattle, WA 98107-4215.
Counsel for Respondent(s), Erin G. Howshar, Smyth Mason PLLC, 701 5th Ave Ste 7100, Seattle, WA 98104-7044.
Jeffrey Alan Smyth, Attorney at Law, 701 5th Ave Ste 7100, Seattle, WA 98104-7044.
David W. Bever, Carney Badley Spellman, 701 5th Ave Ste 3600, Seattle, WA 98104-7010.
UNPUBLISHED OPINION
Ward Place Terrace Condominium Owners Association appeals from orders entered in the King County Superior Court dismissing, pursuant to CR 12(b)(1), its claims for defective construction and breach of a settlement agreement against Ward Street Terrace A and B, Georgeanne Evans and John Doe Evans, and Gary Hall and Mary Beth Hall. Our Supreme Court's recent decision in Lakemont Ridge Homeowners Ass'n v. Lakemont Ridge Ltd. P'ship, 2006 Wash. LEXIS 271 (Wash. Apr. 6, 2006), mandates reversal of the orders at issue.
The trial court's dismissal orders were premised on a finding that the Owners Association had not complied with the prelitigation notice requirement of RCW 64.50.020, a decision consistent with this court's holding in Lakemont Ridge Homeowners Ass'n v. Lakemont Ridge Ltd. P'ship, 125 Wn. App. 71, 104 P.3d 22 (2005). However, our Supreme Court recently reversed this court's Lakemont Ridge decision. Thus, it is now clear that, unless homeowners are provided with notice of the prelitigation notice requirement, as set forth in RCW 64.50.050(1), the duty to provide prelitigation notice pursuant to RCW 64.50.020 does not arise. The record here is devoid of evidence that the Owners Association was advised of its obligations under RCW 64.50.020. Accordingly, we reverse the trial court's dismissal orders and remand the cause for further proceedings.
Reversed.
BECKER and COX, JJ., concur.