When Everything Goes Wrong
June 10, 2013

On April 4, 2013, the Memphis Commercial Appeal ran an article on the Gardenwalk Condominiums in Raleigh.  Gardenwalk Condominiums is administered by Gardenwalk Council of Co-Owners, a Tennessee non-profit corporation (the “Association”).  Apparently, part of the assessments paid by Unit Owners at Gardenwalk Condominiums is used to pay for water.  This is not the water…

READ MORE

Required Disclosures About Homeowners Associations and Condominium Associations
May 27, 2013

How is a potential homebuyer to know whether the property he or she is interested in is part of a homeowners association or condominium association? The Tennessee Code, see Tenn. Code § 66-5-201, et seq., provides that a residential real estate disclosure statement must be made with respect to the sale of certain residential real…

READ MORE

Prohibiting the Display of the U.S. Flag
May 13, 2013

Can a homeowners association or a condominium association prohibit the display of the U.S. flag? Some readers may recall that two years ago Dr. Dawn Kamin, owner of a business in a commercial condominium development located in Germantown, Tennessee, got into some hot water because she installed a flag pole in front of the unit…

READ MORE

A Story About Architectural Covenants….
April 29, 2013

Another recent homeowners association case out of Texas addresses issues surrounding architectural covenants.  Bill and Candi Fry own a home in Mineola, Texas, which is part of the Spring Lakes HOA.  Bill is a member of the Texas Air National Guard.  In early 2010, he was preparing to leave home for training and a tour…

READ MORE