LAKEMONT RIDGE HOMEOWNERS ASS'N v. LAKEMONT RIDGE LTD. PARTNERSHIP

No. 52135-7-I.

104 P.3d 22 (2005)

LAKEMONT RIDGE HOMEOWNERS ASSOCIATION, a Washington non-profit corporation, Respondent, v. LAKEMONT RIDGE LIMITED PARTNERSHIP, a Washington limited partnership; Polygon Builders Company, a Washington general partnership; Crescent Beach, Inc., a Washington corporation; Lakemont Ridge II, L.L.C., a Washington limited liability company; Polygon Northwest Company, a Washington general partnership; Brentview, Inc., a Washington corporation; and John and Mary Does, one through two-hundred, Appellants.

Court of Appeals of Washington, Division 1.

January 3, 2005.


Attorney(s) appearing for the Case

Mark F. O'Donnell, John T. Eckert, Preg O'Donnell & Gillett PLLC, Seattle, WA, for Appellants.

Marion E. Morgenstern, Kent, WA, Robert K. Goff, Daniel J. DeWalt, Seattle, WA, for Respondent.


BAKER, J.

Because the required prelitigation notice was not given before commencement of this construction defect claim, we hold that this action must be dismissed without prejudice.

In 2002, the Legislature enacted chapter 64.50 RCW to require various steps to be undertaken prior to the filing of a lawsuit based on a claim of construction defects in the construction or substantial remodel of a residence. The procedures are triggered by the service of a written...

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