The Tennessee Condominium Act of 2008 and Older Condos and the Power to Assess
September 23, 2013
January 1, 2009, was the start of a new era in Tennessee as it saw a new set of laws regarding condominiums come into effect – the Tennessee Condominium Act of 2008, Tenn. Code § 66-27-101, et seq. (the “Condominium Act”). The Condominium Act, generally, applies to all condominiums created after January 1, 2009. A…
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…
READ MOREForeclosures and Priority Issues
August 19, 2013
One of the unfortunate realities of the residential real estate market in the past several years has been foreclosures. A foreclosure is the process by which a secured party recovers a balance due by exercising its interest in secured collateral. Typically, this means that a bank forecloses on a home. In Tennessee, we have deeds…
READ MOREThe Impact of the Apiary Act of 1995 on Restrictive Covenants
August 5, 2013
We have dealt with some weighty topics of late on this forum. It is time to lighten the fare. Have you ever wondered whether the Tennessee Apiary Act of 1995, Tenn. Code § 44-15-101, et seq., supersedes or otherwise renders a recorded covenant in a CCR unenforceable? Aside from providing that a state apiarist shall…
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