Update on Tennessee Architectural Covenants
July 22, 2014
It appears that more cases involving homeowners and condominium owners associations are being litigated in Tennessee. This would make some degree of sense. There are more such associations. They are enforcing their covenants, and homeowners are testing the limits of such covenants. Another case involving a homeowners association was decided by the Tennessee Court of…
READ MOREThe Impact of the Apiary Act of 1995 on Restrictive Covenants
August 5, 2013
We have dealt with some weighty topics of late on this forum. It is time to lighten the fare. Have you ever wondered whether the Tennessee Apiary Act of 1995, Tenn. Code § 44-15-101, et seq., supersedes or otherwise renders a recorded covenant in a CCR unenforceable? Aside from providing that a state apiarist shall…
READ MOREA Story About Architectural Covenants….
April 29, 2013
Another recent homeowners association case out of Texas addresses issues surrounding architectural covenants. Bill and Candi Fry own a home in Mineola, Texas, which is part of the Spring Lakes HOA. Bill is a member of the Texas Air National Guard. In early 2010, he was preparing to leave home for training and a tour…
READ MOREA Homeowners Association is governed by CCRs
April 1, 2013
A homeowners association governs a single-family, planned development made up of lots. Typically, these lots are shown on a plat. The plat will subdivide a larger parcel of real estate into individual lots which are improved and sold. The plat may also include common areas. Typical common areas are entrance features, private roads, walkways, ponds…
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