Associations, 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 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…
READ MOREWhat is a “Unit” in a Tennessee Condominium?
June 24, 2013
Previously, we briefly touched on what is a Unit in a condominium development. Given that there is often a great deal of confusion about what a Unit Owner in a condominium development in Tennessee actually owns, it seems prudent to expand upon the concept of what a Unit actually is. First, there is no common…
READ MOREWhen Everything Goes Wrong
June 10, 2013
On April 4, 2013, the Memphis Commercial Appeal ran an article on the Gardenwalk Condominiums in Raleigh. Gardenwalk Condominiums is administered by Gardenwalk Council of Co-Owners, a Tennessee non-profit corporation (the “Association”). Apparently, part of the assessments paid by Unit Owners at Gardenwalk Condominiums is used to pay for water. This is not the water…
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