2015 Legislative Update — the Proposed Tennessee Homeowners Association Act (HB610/SB405)
February 20, 2015

This year, the Tennessee Legislature is considering the Tennessee Homeowners Association Act (HB 610/SB 405). It was introduced on February 11, 2015. As yet, we have not had an opportunity to digest the proposed Act in its entirety. That being said, it appears to be a solution looking for a problem. While there is no…

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Another Reason Not to Opt into the Tennessee Condominium Act…
February 14, 2015

As has been discussed before, the Tennessee Condominium Act is an odd statute. It both does and does not apply to all condominium developments in Tennessee. If a condominium development was created (i.e., its master deed or declaration properly recorded) after January 1, 2009, then such development is governed by the entirety of the Tennessee…

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Our Thoughts on the Proposed Neighborhood Protection Act
January 30, 2015

Last year, the Tennessee attorney general rendered an opinion on HB1982 (see Opinion No. 14-81), http://www.tn.gov/attorneygeneral/op/2014/op14-81.pdf.  Luckily, HB1982 died in last year’s legislative session. However, a new version will likely be resubmitted this year by State Representative Antonio Parkinson (see, http://wreg.com/2015/01/15/bill-could-force-ex-cons-out-of-tennessee-neighborhoods/). The act would permit a homeowners association, neighborhood association, neighborhood watch, or any organized…

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When is an Association neither a Condominium nor a Homeowners Association?
January 16, 2015

We have taken a bit of a hiatus from posting as real world work has kept us busy. We will endeavor to keep the blog better updated. When is an association neither a condominium nor homeowners association? When it is cooperative association! You do not see many coops in west Tennessee, but there are a…

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