Associations, Bankruptcies, and Non-Dischargeability
September 9, 2013
Assessments are the lifeblood of any association. The money coming in through assessments is what pays to maintain and repair the common areas and common elements for which the association is responsible. These assessments are to be paid by owners of lots and units in the development. Sometimes these owners experience economic difficulties. One of…
READ MOREForeclosures and Priority Issues
August 19, 2013
One of the unfortunate realities of the residential real estate market in the past several years has been foreclosures. A foreclosure is the process by which a secured party recovers a balance due by exercising its interest in secured collateral. Typically, this means that a bank forecloses on a home. In Tennessee, we have deeds…
READ MOREThe Impact of the Apiary Act of 1995 on Restrictive Covenants
August 5, 2013
We have dealt with some weighty topics of late on this forum. It is time to lighten the fare. Have you ever wondered whether the Tennessee Apiary Act of 1995, Tenn. Code § 44-15-101, et seq., supersedes or otherwise renders a recorded covenant in a CCR unenforceable? Aside from providing that a state apiarist shall…
READ MOREThe “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…
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