Our Thoughts on the Proposed Neighborhood Protection Act
January 30, 2015
Last year, the Tennessee attorney general rendered an opinion on HB1982 (see Opinion No. 14-81), http://www.tn.gov/attorneygeneral/op/2014/op14-81.pdf. Luckily, HB1982 died in last year’s legislative session. However, a new version will likely be resubmitted this year by State Representative Antonio Parkinson (see, http://wreg.com/2015/01/15/bill-could-force-ex-cons-out-of-tennessee-neighborhoods/). The act would permit a homeowners association, neighborhood association, neighborhood watch, or any organized…
READ MOREWhen is an Association neither a Condominium nor a Homeowners Association?
January 16, 2015
We have taken a bit of a hiatus from posting as real world work has kept us busy. We will endeavor to keep the blog better updated. When is an association neither a condominium nor homeowners association? When it is cooperative association! You do not see many coops in west Tennessee, but there are a…
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….
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