The “Four Maples” case and when a Tennessee association owes a duty to provide security…
July 8, 2013
Some developments, be they condominiums or planned residential developments, are gated. Others provide various types of access control into and out of the development. This access control, in the form of gates, manned access points, cameras, keycards, etc., is generally viewed by the public as security. To the homeowner the additional security is a benefit…
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…
READ MORERequired Disclosures About Homeowners Associations and Condominium Associations
May 27, 2013
How is a potential homebuyer to know whether the property he or she is interested in is part of a homeowners association or condominium association? The Tennessee Code, see Tenn. Code § 66-5-201, et seq., provides that a residential real estate disclosure statement must be made with respect to the sale of certain residential real…
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