Tennessee Rules and Regulations for a Condominium Association

State:
Multi-State
Control #:
US-1133BG
Format:
Word; 
Rich Text
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Description

Rules and regulations are important tools for protecting condominium, townhouse or homeowner's associations. If properly enacted and enforced, they will enhance property values and create a pleasant living environment in the association. If rules and regulations are not adopted and enforced properly, they can create bitter divisions within the association and cost the association money in legal fees. If there is a standard that governs adoption and enforcement of rules and regulations, it is that rules and regulations, and their enforcement, must be fair, reasonable, and equitable. Any deviation from this standard will create legal problems. It must be remembered that when enforcing rules the Association bears the burden of establishing their reasonableness. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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  • Preview Rules and Regulations for a Condominium Association
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FAQ

(e) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within six (6) years after the date the lien for the assessment becomes effective.

To start an incorporated common interest community, the initial board of directors must file the community charter with the secretary of state that will describe all rules and regulations set forth by the HOA along with the rights of the homeowners.

How to Find the Homeowners Association Associated With Your AddressCC&R Recorded with the County.Find the Name of Your Community.Visit the State's Corporation Commission.Check You Have the Right HOA.Use Paid HOA Locator Services.

Like most states, Tennessee does not require HOAs for single-family residential communities to carry property or liability insurance. Only thirteen states do. 10 However, most states require condominium HOAs to carry both property and liability insurance.

If you fail to pay your HOA or COA assessments in Tennessee, the association can generally get a lien on your property and might foreclose on your home.

Tennessee is not too far behind. While the Volunteer State does not have a designated Act governing HOAs, legislators are considering passing one (SB405). If passed, this bill, titled the Tennessee Homeowners Association Act, shall control how HOAs operate.

In order to avoid entangling Tennessee's cities and counties unnecessarily in the business of HOAs, any such prohibition should not be subject to local government control. Some HOAs forbid parking on the streets within their boundaries, even where those streets are public, for safety and aesthetic reasons.

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Tennessee Rules and Regulations for a Condominium Association