The Tennessee Condominium Act of 2008 and Older Condos and the Power to Assess
September 23, 2013
January 1, 2009, was the start of a new era in Tennessee as it saw a new set of laws regarding condominiums come into effect – the Tennessee Condominium Act of 2008, Tenn. Code § 66-27-101, et seq. (the “Condominium Act”). The Condominium Act, generally, applies to all condominiums created after January 1, 2009. A…
READ MOREAssociations, Bankruptcies, and Non-Dischargeability
September 9, 2013
Assessments are the lifeblood of any association. The money coming in through assessments is what pays to maintain and repair the common areas and common elements for which the association is responsible. These assessments are to be paid by owners of lots and units in the development. Sometimes these owners experience economic difficulties. One of…
READ MOREThe “Four Maples” case and when a Tennessee association owes a duty to provide security…
July 8, 2013
Some developments, be they condominiums or planned residential developments, are gated. Others provide various types of access control into and out of the development. This access control, in the form of gates, manned access points, cameras, keycards, etc., is generally viewed by the public as security. To the homeowner the additional security is a benefit…
READ MOREWhat is a “Unit” in a Tennessee Condominium?
June 24, 2013
Previously, we briefly touched on what is a Unit in a condominium development. Given that there is often a great deal of confusion about what a Unit Owner in a condominium development in Tennessee actually owns, it seems prudent to expand upon the concept of what a Unit actually is. First, there is no common…
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