The 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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Associations and Communications Technology
February 28, 2014

Following up on our last post on HB2060/SB2198, the House version of the bill has been taken off of notice for the legislative calendar, while the Senate version, as of February 19th, was assigned to a subcommittee. Let’s switch from the legislative update to an interesting development near Nashville.  A lawsuit has been filed in…

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2014 Tennessee Legislative Update — HB2060/SB2198
February 7, 2014

We switch from a federal case on takings law to a bill that was filed in the Tennessee General Assembly on January 23, 2014:  http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB2198.  HB 2060/SB 2198, as proposed, would prohibit homeowners associations and condominium associations from: (1) Prohibiting any person from parking on any public street located within any county or municipality of…

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Recent Developments in Associations and Federal Takings Laws
January 20, 2014

Seldom do we see federal cases pertaining to homeowners and condominium owners associations.  The U.S. Fifth Circuit Court of Appeals has recently decided a case involving a townhouse development in Louisiana, United States v. 0.073 Acres of Land, 705 F.3d 540 (5th Cir. 2013).   Admittedly, this case is about a Louisiana development and this is…

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