Barker Martin

Condo-HOA Blog - Construction Defect

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

Neutrality

Association boards deal with a variety of unit owner behaviors and personalities. Some are positive, some are negative, and some are downright inexplicable. This can lead to both real and perceived bias. read more

The Price is Wrong

As a kid, whenever I was home sick I'd be faced with the inevitable problem faced by thousands in my situation: what to watch on daytime television. As soap operas were not my speed, I'd almost always settle on game shows. My favorite, like many, was the Price is Right. Some days I'd be lucky enough to catch my favorite part of the show; the $1 bid. When the other contestants grossly overestimated the value of the showcase, the entire audience (and one sickly kid watching from home) would be yelling for the contestant to bid $1. A victory for that contestant felt like a victory for all of us. read more

WSCAI's CA Day!

WSCAI's CA Day is coming up on September 24! Please come see Dave Silver and Alexis Ducich speak about how to turn defensible enforcement matters into indefensible collections actions, or join Dan Zimberoff and others to learn about unit water events and how to handle them. Barker Martin attorneys will be at the booth all day. We look forward to seeing you! read more

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