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

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

Most every community association possesses discretion to grant a permit, license or variance for specified conduct of its members. For example, a homeowner association that has a 30-foot height limitation for structures on lots conceivably could grant a variance to an owner who wanted to build a 21 foot home due to extraordinary topography conditions. Or perhaps a condominium association could grant a permit for a disabled owner to use an elevator ordinarily restricted to commercial use. There is a limitless set of examples where permits, licenses or variances may be acceptable in the community association context. read more