A 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…

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The 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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Associations and Communications Technology
February 28, 2014

Following up on our last post on HB2060/SB2198, the House version of the bill has been taken off of notice for the legislative calendar, while the Senate version, as of February 19th, was assigned to a subcommittee. Let’s switch from the legislative update to an interesting development near Nashville.  A lawsuit has been filed in…

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2014 Tennessee Legislative Update — HB2060/SB2198
February 7, 2014

We switch from a federal case on takings law to a bill that was filed in the Tennessee General Assembly on January 23, 2014:  http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB2198.  HB 2060/SB 2198, as proposed, would prohibit homeowners associations and condominium associations from: (1) Prohibiting any person from parking on any public street located within any county or municipality of…

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