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

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

On September 13, HUD released new rules for the Fair Housing Act (FHA) that will impact community associations. Under these new rules, which take effect on October 14, 2016, a community association could face liability for the discriminatory acts of residents who harass or create a hostile environment for other residents. read more

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

Having tried over 60 trials to verdict, litigated at least a couple hundred more and counseled clients on perhaps five hundred disputes over the past 20 plus years, it took me until the last few years to understand a very important concept involving legal disputes: The best route to resolution—like water—is the path of least resistance. read more