Can an Association Prohibit or Restrict Smoking?
October 2, 2015
Can an association prohibit or otherwise restrict smoking in the common areas or common elements? This is not a question one would typically hear for homeowners associations. Simply put, single family homes in planned developments typically have open air common spaces where smoking is not an issue. But, in condominiums or townhome developments, smoking can…
READ MOREAn Association’s Right to Non-Judicially Foreclose…
March 15, 2015
Often our first contact with an association begins with a discussion about a member who is seriously delinquent in the payment of their assessments. The Board wants to know what they can and should do. The answer we give often comes as a surprise. Have you thought of a non-judicial foreclosure? Many Boards do not…
READ MOREAnother Reason Not to Opt into the Tennessee Condominium Act…
February 14, 2015
As has been discussed before, the Tennessee Condominium Act is an odd statute. It both does and does not apply to all condominium developments in Tennessee. If a condominium development was created (i.e., its master deed or declaration properly recorded) after January 1, 2009, then such development is governed by the entirety of the Tennessee…
READ MOREWhen is an Association neither a Condominium nor a Homeowners Association?
January 16, 2015
We have taken a bit of a hiatus from posting as real world work has kept us busy. We will endeavor to keep the blog better updated. When is an association neither a condominium nor homeowners association? When it is cooperative association! You do not see many coops in west Tennessee, but there are a…
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