Alleged Defects Sufficient to Preclude Summary Judgment

SEATTLE - Condominium owners' allegations of water leakage and mold are sufficient to raise questions about the habitability of their units and preclude summary judgment for a builder, a Washington Appeals Court panel ruled on Aug. 11. Westlake View Condominium Association v. Sixth Avenue View Partners LLC, No. 60167-9-1 (Wash. Ct. App., Div. 1).

The court did not address statute of limitations defenses raised by Sixth Avenue View Partners, saying it would not consider the issue because the record didn't reflect that the issue was raised and decided in the trial court.

Sixth Avenue built the six-unit Westlake View Condominiums …