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…
READ MOREAre Member Votes Private?
September 9, 2014
Is a member of an association entitled to review the individual votes of an association election, or do the members of an association in Tennessee have some expectation of privacy as to their votes? In Sigel v. The Monarch Condominium Association, Inc., No. W2011-01150-COA-R3-CV (June 29, 2012), the Tennessee Court of Appeals addressed this question….
READ MORENuisance Provisions and the Enforcement of Covenants
June 6, 2014
Many CCRs and Master Deeds contain nuisance provisions. These seemingly innocuous provisions usually provide that: no unlawful noxious or offensive activities shall be carried on in any Lot or Unit, nor shall anything be done therein or thereon which shall constitute a nuisance or, in the judgment of the Board of Directors, unreasonably disturb others….
READ MOREA first look at the Fair Housing Act
April 11, 2014
Let’s start looking at the Fair Housing Act, 42, U.S.C. § 3601, et seq. (the “Fair Housing Act”). The Fair Housing Act was promulgated with the intent to ensure that fair housing was provided throughout the United States within constitutional limitations. See 42 U.S.C. § 3601. The basic provision of the Fair Housing Act, and…
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