Can an Association Collect Attorneys’ Fees in an Enforcement Action?
May 16, 2014
One of the common questions I receive from associations when discussing enforcement matters is whether the association may recoup its attorneys’ fees. Before addressing this matter directly, let me clarify the issue. When a homeowner violates a covenant in a master deed or declaration, the association must enforce the covenant. The failure to enforce the…
READ MOREA first look at the Fair Housing Act
April 11, 2014
Let’s start looking at the Fair Housing Act, 42, U.S.C. § 3601, et seq. (the “Fair Housing Act”). The Fair Housing Act was promulgated with the intent to ensure that fair housing was provided throughout the United States within constitutional limitations. See 42 U.S.C. § 3601. The basic provision of the Fair Housing Act, and…
READ MOREThe 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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