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 MOREOur 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 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 MOREThe 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…
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