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…
READ MOREMust 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…
READ MOREAmending an Association’s Governing Documents is the Practice of Law…at least in Florida
November 27, 2015
On May 14, 2015, the Supreme Court of the State of Florida rendered an advisory opinion on the activities of community association managers (which can be found here). The opinion addressed whether certain activities were, in the opinion of the Court, found to be the unlicensed practice of law. The Court held that certain practices…
READ MORECan 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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