Recent Developments in Associations and Federal Takings Laws
January 20, 2014
Seldom do we see federal cases pertaining to homeowners and condominium owners associations. The U.S. Fifth Circuit Court of Appeals has recently decided a case involving a townhouse development in Louisiana, United States v. 0.073 Acres of Land, 705 F.3d 540 (5th Cir. 2013). Admittedly, this case is about a Louisiana development and this is…
READ MORETennessee Associations and Real Estate Taxes
December 16, 2013
How common areas and general common elements are treated for real estate tax purposes is often a concern for Tennessee associations. It should be noted that common areas are found in homeowners associations, and general common elements are found in condominium associations. Common areas are typically conveyed to the association. Consequently, the association owns the…
READ MORETennessee Condominiums, Lender Foreclosures, and the Six Month Reachback
November 18, 2013
As has been previously mentioned, the Tennessee Condominium Act of 2008, Tenn. Code § 66-27-101, et seq. (the “Act”), applies in certain instances to all condominiums in Tennessee (even those created prior to January 1, 2009), but only with respect to events and circumstances that occur after January 1, 2009. See Tenn. Code § 66-27-202(a)….
READ MOREAmending Association Documents
November 4, 2013
Often we are asked about amendments to CCRs, master deeds, or bylaws. An amendment to a master deed, CCRs, or bylaws is fairly simple. It is a document that alters or otherwise changes a provision in the existing document. The amendment may add, delete, or substitute language or exhibits in a master deed, CCRs, or…
READ MORE