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…
READ MORERecent 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 MOREReporting Crimes and Sex Offender Restrictions
December 31, 2013
Liability for associations is a common concern for Boards of Directors. Some associations in Tennessee, in an attempt to mitigate liability, have inserted provisions in their CCRs or master deed that prohibit sex offenders from residing in the development. Setting aside whether such provisions are enforceable in Tennessee, there is a question as to whether…
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…
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