Barker Martin

Condo-HOA Blog - Bellingham Condominium Attorneys

Possession after Judicial Foreclosure

Recently, the Division 1 Court of Appeals of Washington issued its opinion in the case of Viewcrest Condominium Association v. Robertson, 2016 WL 7470025 (December 27, 2016). The decision by the Court in Viewcrest will need to be considered when evaluating collection of delinquent condominium assessments in Washington. read more

Dealing With Ice is Anything But Neat

Those of us in the Northwest were recently hit with the first round of winter snowstorms. My children are avid weather watchers (in hopes of future school closures), so I understand that we are in store for several more storms in the coming months. Winter snow and ice inevitably result in a host of insurance claims. Some of these are relatively predictable. Think auto accidents and trees falling. Fortunately, many of these weather related claims are covered under standard home and auto policies. Snow and ice also bring the risk of a claim that most of us are unprepared for, flood. read more

Tree Trouble - Part II, Self-Help

In part one of our three-part series on Tree Trouble, my colleague David Silver wrote about Timber Trespass. In this post, I'm going to discuss self-help. Self-help is the legal term that describes "taking the law into your own hands"—literally. In this context, it would include a property owner getting out their pruning shears or shovel and cutting or trimming parts of a neighbor's tree that infringe upon his or her property. You may be surprised to hear that in Washington, such conduct has been endorsed by the courts. read more

Tree Trouble - Part I, Timber Trespass

One aspect of real property law that I find interesting is how some of the nastiest legal disputes are between neighboring property owners. On one hand, it would seem incumbent upon neighbors to be friendly and cooperative to one another because they are forced to interact regularly. On the other hand, the likelihood, or at least opportunity, for disputes seems to increase proportionately the closer people live to one another. read more

What Should You Trust In After a Volatile Election?

I don't know if you remember this, but there was an election recently that was rather volatile. Whether you are happy or unhappy with the outcome, the question on everyone's mind is: What happens next? How will our government change? How will we be governed? The final answer to those questions will not be known for some time, but what we do know is that whatever the intent, significant change in policy will be tempered and guided by our country's Declaration of Independence, the Constitution, laws and the multitude of checks and balances inherent in the structure of our democracy. Those fundamental concepts or "governing documents," to use a term of art, form the core of our democracy. They provide our country with stability and allow our country to transfer power relatively peacefully, no matter how contested the election. read more

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