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FAULKNER v. RACQUETWOOD VILL. CONDO. ASS'N

No. 46266-1-I.

23 P.3d 1135 (2001)

106 Wash.App. 483

Lana J. FAULKNER, a single person, Appellant, v. RACQUETWOOD VILLAGE CONDOMINIUM ASSOCIATION, a not-for-profit unincorporated association under RCW 64.32; Property Concepts, Inc., a Washington corporation; Lamont Davis and Georgann Davis, husband and wife and the marital community composed thereof; and MacPherson's, Inc. Realtors, a Washington corporation, Respondents.

Court of Appeals of Washington, Division 1.

June 4, 2001.

Attorney(s) appearing for the Case

Terrence Leo Burns, Burns and Ells, Kent, for Appellant.

William Edward Gibbs, Bergman Gibbs & Lassman, Bellevue, William Kinnon Williams, Williams & Williams, Kenmore, Thomas Raymond Merrick, Jerret E. Sale, Bullivant Houser Bailey, Seattle, for Respondents.

APPELWICK, J.

In this appeal, the court is asked to determine whether an owner of an individual condominium unit owes a duty to protect or warn a tenant about foreseeable criminal conduct on the premises of the complex when the owner has no control over the common areas. We conclude that an owner does not have such a duty in the absence of control over the common areas. Accordingly, we affirm the summary judgment dismissal of plaintiff's claim.

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