Must an Association file federal income taxes?
May 12, 2016

In Tennessee, homeowners associations and condominiums associations are generally formed as non-profit corporations.  This means that they are corporations that are not intended to make a profit; they are not “businesses”.  They are not charitable organizations.  Homeowners associations and condominium associations must file federal income tax returns, just like any other corporation.  However, because of…

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An Association’s Right to Non-Judicially Foreclose…
March 15, 2015

Often our first contact with an association begins with a discussion about a member who is seriously delinquent in the payment of their assessments. The Board wants to know what they can and should do. The answer we give often comes as a surprise. Have you thought of a non-judicial foreclosure? Many Boards do not…

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The 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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2014 Tennessee Legislative Update — HB2060/SB2198
February 7, 2014

We switch from a federal case on takings law to a bill that was filed in the Tennessee General Assembly on January 23, 2014:  http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB2198.  HB 2060/SB 2198, as proposed, would prohibit homeowners associations and condominium associations from: (1) Prohibiting any person from parking on any public street located within any county or municipality of…

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