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…
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 MOREAssessments, Reserves, and Maintenance Obligations
December 2, 2013
The biggest concern we often hear about at association meetings is assessments. Association members are right to be concerned about the cost of maintaining their association. That being said, often there seems to a disconnect between the realities of the amount of the assessments and what the assessments are for. Simply put, many associations appear…
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…
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