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…
READ MOREAssociations 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…
READ MOREReporting Crimes and Sex Offender Restrictions
December 31, 2013
Liability for associations is a common concern for Boards of Directors. Some associations in Tennessee, in an attempt to mitigate liability, have inserted provisions in their CCRs or master deed that prohibit sex offenders from residing in the development. Setting aside whether such provisions are enforceable in Tennessee, there is a question as to whether…
READ MORETennessee Associations and Real Estate Taxes
December 16, 2013
How common areas and general common elements are treated for real estate tax purposes is often a concern for Tennessee associations. It should be noted that common areas are found in homeowners associations, and general common elements are found in condominium associations. Common areas are typically conveyed to the association. Consequently, the association owns the…
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