CAN DECLARANT’S RIGHTS BE ASSIGNED?
January 11, 2017

Often we are asked to address questions of whether declarant’s rights in a development can be or have been assigned.  The Tennessee Court of Appeals recently addressed this question in Civis Bank v. The Willows at Twin Cove Marina Condominium and Home Owners Association, Inc. (No.E2016-00140-COA-R3-CV).  Before addressing the case, it is important to address…

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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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What happens when your neighbors change every week?
November 3, 2015

Meriam-Webster defines a “neighbor” as a “person who lives next to or near another person.” Most of the time our neighbors are familiar. What happens when that neighbor changes on a monthly or even a weekly basis? This is a question that homeowners and condominium associations are having to answer more and more frequently. With the…

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Can an Association Prohibit or Restrict Smoking?
October 2, 2015

Can an association prohibit or otherwise restrict smoking in the common areas or common elements? This is not a question one would typically hear for homeowners associations. Simply put, single family homes in planned developments typically have open air common spaces where smoking is not an issue. But, in condominiums or townhome developments, smoking can…

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