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 MORENuisance Provisions and the Enforcement of Covenants
June 6, 2014
Many CCRs and Master Deeds contain nuisance provisions. These seemingly innocuous provisions usually provide that: no unlawful noxious or offensive activities shall be carried on in any Lot or Unit, nor shall anything be done therein or thereon which shall constitute a nuisance or, in the judgment of the Board of Directors, unreasonably disturb others….
READ MOREA first look at the Fair Housing Act
April 11, 2014
Let’s start looking at the Fair Housing Act, 42, U.S.C. § 3601, et seq. (the “Fair Housing Act”). The Fair Housing Act was promulgated with the intent to ensure that fair housing was provided throughout the United States within constitutional limitations. See 42 U.S.C. § 3601. The basic provision of the Fair Housing Act, and…
READ MOREThe Difference Between Non-Profit and Tax Exempt
March 21, 2014
In representing condominium and homeowners associations, I often have to correct misinformation about the nature of such entities. Recently, I have seen many members and Boards mention that their associations are 501(c)(3)’s. They are not. This is a common misconception regarding the nature of condominium and homeowners associations. In Tennessee mandatory condominium and homeowners associations…
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