Amending Association Documents
November 4, 2013
Often we are asked about amendments to CCRs, master deeds, or bylaws. An amendment to a master deed, CCRs, or bylaws is fairly simple. It is a document that alters or otherwise changes a provision in the existing document. The amendment may add, delete, or substitute language or exhibits in a master deed, CCRs, or…
READ MORERequired Records for Tennessee Condominium Associations
October 21, 2013
As mentioned before, the Tennessee Condominium Act of 2008, Tenn. Code § 66-27-201, et seq. (the “Condominium Act”), applies to all condominium developments completed in Tennessee after January 1, 2009, and in parts to all condominium developments in Tennessee as to matters that arise after January 1, 2009. One of the statutes that may potentially…
READ MORELeasing Restrictions/Prohibitions and Tennessee Associations
October 7, 2013
May a homeowners or condominium association restrict the leasing of property within the bounds of the residential development encumbered by the CCRs or Master Deed? This has long been an unanswered question in Tennessee. On January 30, 2013, the Tennessee Court of Appeals rendered a decision in The Preserve at Forrest Crossing Townhome Association, Inc.,…
READ MOREAssociations, Bankruptcies, and Non-Dischargeability
September 9, 2013
Assessments are the lifeblood of any association. The money coming in through assessments is what pays to maintain and repair the common areas and common elements for which the association is responsible. These assessments are to be paid by owners of lots and units in the development. Sometimes these owners experience economic difficulties. One of…
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