The person responsible for converting your property into condominiums may not be entirely accountable for the quality of your condominium’s construction. In Marina Condo. Homeowner’s Ass’n v. Stratford, 161 Wn. App. 249 (2011), Stratford at the Marina, LLC, converted an apartment complex into condominiums. The condominium’s homeowners’ association then brought a lawsuit against Stratford for various construction defects. The alleged defects, however, were linked to the building’s original construction that predated Stratford’s conversion work. Ultimately, the Washington Court of Appeals held that Stratford was not liable for the alleged defects under the Washington Condominium Act’s implied warranty of quality. In making its decision, the court of appeals focused on the plain language in the Washington Condominium Act, which imposes liability for breach of the implied warranty of quality only on “any improvements made or contracted for by [the] declarant or dealer.” RCW 64.34.445(2). Since Stratford had no connection to the building’s original construction, Stratford was not liable for the defects under the implied warranty of quality.
Click to read Marina Condo. Homeowner’s Ass’n v. Stratford, 161 Wn. App. 249 (2011), in its entirety.