Barker Martin

Condo-HOA Blog - Washington Coa Law

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

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

Rigged (HOA!) Elections

A few months ago, the Chairman and Secretary of a Pennsylvania community association were convicted by a jury of election fraud. The directors schemed to fill out ballots to stack the deck in upcoming board elections. An attorney in Las Vegas plead guilty to a similar charges a few years back. He was part of a plan to falsify ballots to elect board members that would direct business to certain vendors. read more

What Did That Say?? Political Signs & Free Speech

It is often said that this U.S. presidential election has been the most polarizing election in modern times, if not all time. Because of the strong opinions on every side, more and more community associations are having to address not just the mere existence of these signs, but also the content. read more

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