Some Sevier Countians do reside in condominiums, and the Tennessee legislature voted to pass Tennessee Condominium Act of 2008, which is now in effect.
The Tennessee legislature enacted the Tennessee Condominium Act of 2008 and it was in effect as of January 1, 2009. This is a comprehensive revison of the condominium law in Tennessee and replaces the old Horizontal Property Act as to new condominiums. It generally does not affect condominiums in existence at the time this law went into effect except for a few provisions which apply to all condominiums in the state. However, it does leave room for existing condominiums to adopt the new law. Some of the key provisions are as follows:
1) Condominiums will be created by a declaration instead of a master deed 2) Units and limited common elements are more specifically defined by statute 3) In the event a conflict exists between the declaration and by-laws the declaration will generally prevail 4) It defines the plan or survey to be attached to the declaration which will clearly designate the units and the common elements 5) Sets a minimum approval of 67% of the owners to amend the declaration 6)Provides for a master association in more complex developments 7) States specifically the powers of the owners association and the board of directors 8) Sets a statutory quorum for association meetings 9) Requires a specific vote of the owners to convey or encumber common elements and 10) creates an automatic lien for common expenses or assessments from the time they become due.
The 10th provision is probably the one that may potentially impact condominium owners the most. If you owe association dues or assessments, then an automatic lien attaches to your condo when you fail to pay on time. It certainly seems as if condo developers had a lobbyist in the ear of the legislators. I will be glad to answer any questions you may have about property law or any other area of the law in which you may be seeking advice. If I can't answer your question, then I will find someone who will. The law office of Andrew Farmer is here to help. Call our office for a free consultation at (865) 428-6737.