Tenn. Code Ann. § 66-27-413 — TN Code / Title 66 / Chapter 27 / Section 66-27-413
Insurance
Status: in_force

(a) Commencing no later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available: (1) Property insurance on the common elements insuring against risks of direct physical loss commonly insured against for similar properties. The total amount of insurance after application of any deductibles shall be no less than eighty percent (80%) of the total replacement cost of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations and other items normally excluded from property policies; and (2) Liability insurance, including medical payments insurance, in an amount determined by the board of directors, but no less than any amount specified in the declaration, covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements. (b) In the case of a building containing units having horizontal boundaries described in the declaration, the insurance maintained under subdivision (a)(1), to the extent reasonably available, shall include the units, but need not include improvements and betterments installed by unit owners. (c) If the insurance described in subsections (a) and (b) is not reasonably available, the association shall promptly cause notice of that fact to be hand-delivered or sent prepaid by United States mail to all unit owners. The declaration may require the association to carry any other insurance, and the association, in any event, may carry any other insurance it deems appropriate to protect the association or the unit owners. (d) Insurance policies carried pursuant to subsection (a) must provide that: (1) Each unit owner is an insured person under the policy with respect to liability arising out of the unit owner's interest in the common elements or membership in the association; (2) The insurer waives its right to subrogation under the policy against any unit owner, lessee, or member of the owner's or lessee's household, unless it can be shown that the act with intent to cause the loss of the unit owner, lessee, or member of the owner's or lessee's household was the cause of the loss; (3) No act or omission by any unit owner, unless acting in the capacity of a governing board member of the association, will void the policy or be a condition to recovery under the policy; and (4) If, at the time of a loss under the policy, there is other insurance in the name of a unit owner covering the same risk covered by the policy, the association's policy provides primary insurance. (e) Any loss covered by the property policy under subdivision (a)(1) and subsection (b) must be adjusted with the association, but the insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or otherwise to the association, and not to any mortgagee or beneficiary under a deed of trust. The insurance trustee or the association shall hold any insurance proceeds in trust for unit owners and lienholders as their interests may appear. Subject to subsection (h), the proceeds must be disbursed first for the repair or restoration of the damaged property, and unit owners and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored, or the condominium is terminated. (f) An insurance policy issued to the association does not prevent a unit owner from obtaining insurance for the unit owner's own benefit. (g) An insurer that has issued an insurance policy under this section shall issue certificates or memoranda of insurance to the association and, upon written request, to any unit owner, mortgagee, or beneficiary under a deed of trust. The insurer issuing the policy may not cancel or refuse to renew it until after notice of the proposed cancellation or nonrenewal has been mailed to the association and to each and any additional insured under the policy at their respective last known addresses, in accordance with the Cancellation of Commercial Risk Insurance Act, compiled in title 56, chapter 7, part 18, or, if the policy is a policy of personal risk insurance, as defined in § 56-5-102 , then in accordance with the law governing such insurance. (h) (1) Any portion of the condominium for which insurance is required under this section that is damaged or destroyed shall be repaired or replaced promptly by the association unless: (A) The condominium is terminated; (B) Repair or replacement would be illegal under any state or local health or safety statute or ordinance; or (C) Eighty percent (80%) of the unit owners, together with eighty percent (80%) of owners of units that are assigned limited common elements that will not be rebuilt, vote not to rebuild. (2) The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense. If the entire condominium is not repaired or replaced: (A) The insurance proceeds attributable to the damaged common elements must be used to restore the damaged area to a condition compatible with the remainder of the condominium; (B) The insurance proceeds attributable to units and limited common elements that are not rebuilt must be distributed to the owners of those units and the owners of the units to which those limited common elements were allocated, or to lienholders, as their interests may appear; and (C) The remainder of the proceeds must be distributed to all the unit owners or lienholders, as their interests may appear, in proportion to the common element interests of all the units. (3) If the unit owners vote not to rebuild any unit, that unit's allocated interests are automatically reallocated upon the vote as if the unit had been condemned under § 66-27-207(a) , and the association promptly shall prepare, execute, and record an amendment to the declaration reflecting the reallocations. Notwithstanding this subsection (h), § 66-27-318 governs the distribution of insurance proceeds if the condominium is terminated. This section may be varied or waived in the case of a condominium all of whose units are restricted to nonresidential use. Acts 2008, ch. 766, § 1.
(a) Commencing no later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available: (1) Property insurance on the common elements insuring against risks of direct physical loss commonly insured against for similar properties. The total amount of insurance after application of any deductibles shall be no less than eighty percent (80%) of the total replacement cost of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations and other items normally excluded from property policies; and (2) Liability insurance, including medical payments insurance, in an amount determined by the board of directors, but no less than any amount specified in the declaration, covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements.
(1) Property insurance on the common elements insuring against risks of direct physical loss commonly insured against for similar properties. The total amount of insurance after application of any deductibles shall be no less than eighty percent (80%) of the total replacement cost of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations and other items normally excluded from property policies; and
(2) Liability insurance, including medical payments insurance, in an amount determined by the board of directors, but no less than any amount specified in the declaration, covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements.
(b) In the case of a building containing units having horizontal boundaries described in the declaration, the insurance maintained under subdivision (a)(1), to the extent reasonably available, shall include the units, but need not include improvements and betterments installed by unit owners.
(c) If the insurance described in subsections (a) and (b) is not reasonably available, the association shall promptly cause notice of that fact to be hand-delivered or sent prepaid by United States mail to all unit owners. The declaration may require the association to carry any other insurance, and the association, in any event, may carry any other insurance it deems appropriate to protect the association or the unit owners.
(d) Insurance policies carried pursuant to subsection (a) must provide that: (1) Each unit owner is an insured person under the policy with respect to liability arising out of the unit owner's interest in the common elements or membership in the association; (2) The insurer waives its right to subrogation under the policy against any unit owner, lessee, or member of the owner's or lessee's household, unless it can be shown that the act with intent to cause the loss of the unit owner, lessee, or member of the owner's or lessee's household was the cause of the loss; (3) No act or omission by any unit owner, unless acting in the capacity of a governing board member of the association, will void the policy or be a condition to recovery under the policy; and (4) If, at the time of a loss under the policy, there is other insurance in the name of a unit owner covering the same risk covered by the policy, the association's policy provides primary insurance.
(1) Each unit owner is an insured person under the policy with respect to liability arising out of the unit owner's interest in the common elements or membership in the association;
(2) The insurer waives its right to subrogation under the policy against any unit owner, lessee, or member of the owner's or lessee's household, unless it can be shown that the act with intent to cause the loss of the unit owner, lessee, or member of the owner's or lessee's household was the cause of the loss;
(3) No act or omission by any unit owner, unless acting in the capacity of a governing board member of the association, will void the policy or be a condition to recovery under the policy; and
(4) If, at the time of a loss under the policy, there is other insurance in the name of a unit owner covering the same risk covered by the policy, the association's policy provides primary insurance.
(e) Any loss covered by the property policy under subdivision (a)(1) and subsection (b) must be adjusted with the association, but the insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or otherwise to the association, and not to any mortgagee or beneficiary under a deed of trust. The insurance trustee or the association shall hold any insurance proceeds in trust for unit owners and lienholders as their interests may appear. Subject to subsection (h), the proceeds must be disbursed first for the repair or restoration of the damaged property, and unit owners and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored, or the condominium is terminated.
(f) An insurance policy issued to the association does not prevent a unit owner from obtaining insurance for the unit owner's own benefit.
(g) An insurer that has issued an insurance policy under this section shall issue certificates or memoranda of insurance to the association and, upon written request, to any unit owner, mortgagee, or beneficiary under a deed of trust. The insurer issuing the policy may not cancel or refuse to renew it until after notice of the proposed cancellation or nonrenewal has been mailed to the association and to each and any additional insured under the policy at their respective last known addresses, in accordance with the Cancellation of Commercial Risk Insurance Act, compiled in title 56, chapter 7, part 18, or, if the policy is a policy of personal risk insurance, as defined in § 56-5-102 , then in accordance with the law governing such insurance.
(h) (1) Any portion of the condominium for which insurance is required under this section that is damaged or destroyed shall be repaired or replaced promptly by the association unless: (A) The condominium is terminated; (B) Repair or replacement would be illegal under any state or local health or safety statute or ordinance; or (C) Eighty percent (80%) of the unit owners, together with eighty percent (80%) of owners of units that are assigned limited common elements that will not be rebuilt, vote not to rebuild. (2) The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense. If the entire condominium is not repaired or replaced: (A) The insurance proceeds attributable to the damaged common elements must be used to restore the damaged area to a condition compatible with the remainder of the condominium; (B) The insurance proceeds attributable to units and limited common elements that are not rebuilt must be distributed to the owners of those units and the owners of the units to which those limited common elements were allocated, or to lienholders, as their interests may appear; and (C) The remainder of the proceeds must be distributed to all the unit owners or lienholders, as their interests may appear, in proportion to the common element interests of all the units. (3) If the unit owners vote not to rebuild any unit, that unit's allocated interests are automatically reallocated upon the vote as if the unit had been condemned under § 66-27-207(a) , and the association promptly shall prepare, execute, and record an amendment to the declaration reflecting the reallocations. Notwithstanding this subsection (h), § 66-27-318 governs the distribution of insurance proceeds if the condominium is terminated. This section may be varied or waived in the case of a condominium all of whose units are restricted to nonresidential use.
(1) Any portion of the condominium for which insurance is required under this section that is damaged or destroyed shall be repaired or replaced promptly by the association unless: (A) The condominium is terminated; (B) Repair or replacement would be illegal under any state or local health or safety statute or ordinance; or (C) Eighty percent (80%) of the unit owners, together with eighty percent (80%) of owners of units that are assigned limited common elements that will not be rebuilt, vote not to rebuild.
(A) The condominium is terminated;
(B) Repair or replacement would be illegal under any state or local health or safety statute or ordinance; or
(C) Eighty percent (80%) of the unit owners, together with eighty percent (80%) of owners of units that are assigned limited common elements that will not be rebuilt, vote not to rebuild.
(2) The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense. If the entire condominium is not repaired or replaced: (A) The insurance proceeds attributable to the damaged common elements must be used to restore the damaged area to a condition compatible with the remainder of the condominium; (B) The insurance proceeds attributable to units and limited common elements that are not rebuilt must be distributed to the owners of those units and the owners of the units to which those limited common elements were allocated, or to lienholders, as their interests may appear; and (C) The remainder of the proceeds must be distributed to all the unit owners or lienholders, as their interests may appear, in proportion to the common element interests of all the units.
(A) The insurance proceeds attributable to the damaged common elements must be used to restore the damaged area to a condition compatible with the remainder of the condominium;
(B) The insurance proceeds attributable to units and limited common elements that are not rebuilt must be distributed to the owners of those units and the owners of the units to which those limited common elements were allocated, or to lienholders, as their interests may appear; and
(C) The remainder of the proceeds must be distributed to all the unit owners or lienholders, as their interests may appear, in proportion to the common element interests of all the units.
(3) If the unit owners vote not to rebuild any unit, that unit's allocated interests are automatically reallocated upon the vote as if the unit had been condemned under § 66-27-207(a) , and the association promptly shall prepare, execute, and record an amendment to the declaration reflecting the reallocations. Notwithstanding this subsection (h), § 66-27-318 governs the distribution of insurance proceeds if the condominium is terminated. This section may be varied or waived in the case of a condominium all of whose units are restricted to nonresidential use.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-20-107 — TN Code / Title 66 / Chapter 20 / Section 66-20-107
Lien on female and offspring for artificial insemination
Status: in_force

(a) When any female animal is inseminated by artificial means for a fee, the person providing the service shall have for a charge a lien on the female and on any offspring resulting from such service. (b) The duration of the lien on offspring shall be for twelve (12) months from the date of birth of such offspring. Acts 1965, ch. 102, § 1; T.C.A., § 64-2007.
(a) When any female animal is inseminated by artificial means for a fee, the person providing the service shall have for a charge a lien on the female and on any offspring resulting from such service.
(b) The duration of the lien on offspring shall be for twelve (12) months from the date of birth of such offspring.
Acts 1965, ch. 102, § 1; T.C.A., § 64-2007.
Tenn. Code Ann. § 66-19-211 — TN Code / Title 66 / Chapter 19 / Section 66-19-211
Wharfage lien
Status: in_force

The owners and/or proprietors of wharves and landings, where wharfage is allowed by law, have a lien on boats, rafts, and other water crafts, and their loading, for the payment of their wharfage fees, and the same may be enforced by attachment within three (3) months after the lien accrued. Code 1858, § 1993; Shan., § 3549; Code 1932, § 7972; T.C.A. (orig. ed.), § 64-1914.
The owners and/or proprietors of wharves and landings, where wharfage is allowed by law, have a lien on boats, rafts, and other water crafts, and their loading, for the payment of their wharfage fees, and the same may be enforced by attachment within three (3) months after the lien accrued.
Code 1858, § 1993; Shan., § 3549; Code 1932, § 7972; T.C.A. (orig. ed.), § 64-1914.
Tenn. Code Ann. § 66-27-107 — TN Code / Title 66 / Chapter 27 / Section 66-27-107
Recordation and contents of master deed, lease or declaration
Status: in_force

(a) A master deed, or lease or declaration shall be recorded in the same manner and subject to the same law as are deeds. Plats may likewise be recorded as in the case of recordation of plats as provided by law. (b) A master deed, or lease or declaration or the plat, or any combination of them, to which § 66-27-103 refers shall express the following particulars: (1) The description of the land, whether leased or in fee simple, and the building, expressing their respective areas; (2) The general description and number of each apartment, expressing its area, location and any other data necessary for its identification; (3) The description of the general common elements of the building, and the limited common elements of the building, and the private elements of the property; and (4) Bylaws for the administration of the building as in §§ 66-27-111 and 66-27-112 provided. (c) The common elements, both general and limited, shall remain undivided and shall not be the object of an action for partition or division of co-ownership. (d) The declaration shall provide that each owner of a private element shall own a pro rata share of the total membership in the townhouse corporation. Acts 1963, ch. 124, § 7; T.C.A., § 64-2707; Acts 1990, ch. 823, §§ 8-10.
(a) A master deed, or lease or declaration shall be recorded in the same manner and subject to the same law as are deeds. Plats may likewise be recorded as in the case of recordation of plats as provided by law.
(b) A master deed, or lease or declaration or the plat, or any combination of them, to which § 66-27-103 refers shall express the following particulars: (1) The description of the land, whether leased or in fee simple, and the building, expressing their respective areas; (2) The general description and number of each apartment, expressing its area, location and any other data necessary for its identification; (3) The description of the general common elements of the building, and the limited common elements of the building, and the private elements of the property; and (4) Bylaws for the administration of the building as in §§ 66-27-111 and 66-27-112 provided.
(1) The description of the land, whether leased or in fee simple, and the building, expressing their respective areas;
(2) The general description and number of each apartment, expressing its area, location and any other data necessary for its identification;
(3) The description of the general common elements of the building, and the limited common elements of the building, and the private elements of the property; and
(4) Bylaws for the administration of the building as in §§ 66-27-111 and 66-27-112 provided.
(c) The common elements, both general and limited, shall remain undivided and shall not be the object of an action for partition or division of co-ownership.
(d) The declaration shall provide that each owner of a private element shall own a pro rata share of the total membership in the townhouse corporation.
Acts 1963, ch. 124, § 7; T.C.A., § 64-2707; Acts 1990, ch. 823, §§ 8-10.
Tenn. Code Ann. § 66-27-118 — TN Code / Title 66 / Chapter 27 / Section 66-27-118
Reconstruction of damaged building
Status: in_force

(a) In case of fire or any other disaster, the insurance indemnity shall, except as provided in subsection (b), be applied to reconstruct the building. (b) Reconstruction shall not be compulsory where it comprises the whole or more than two-thirds (2/3) of the building. In such case, and unless otherwise unanimously agreed upon by the co-owners, the indemnity shall be delivered pro rata to the co-owners entitled to it in accordance with provision made in the bylaws or in accordance with a decision of three-fourths (¾) of the co-owners if there are no bylaw provisions. (c) Should it be proper to proceed with the reconstruction, the provisions for such eventuality made in the bylaws shall be observed, or in lieu thereof, the decision of the council of co-owners shall prevail. Acts 1963, ch. 124, § 18; T.C.A., § 64-2718.
(a) In case of fire or any other disaster, the insurance indemnity shall, except as provided in subsection (b), be applied to reconstruct the building.
(b) Reconstruction shall not be compulsory where it comprises the whole or more than two-thirds (2/3) of the building. In such case, and unless otherwise unanimously agreed upon by the co-owners, the indemnity shall be delivered pro rata to the co-owners entitled to it in accordance with provision made in the bylaws or in accordance with a decision of three-fourths (¾) of the co-owners if there are no bylaw provisions.
(c) Should it be proper to proceed with the reconstruction, the provisions for such eventuality made in the bylaws shall be observed, or in lieu thereof, the decision of the council of co-owners shall prevail.
Acts 1963, ch. 124, § 18; T.C.A., § 64-2718.
Tenn. Code Ann. § 66-22-112 — TN Code / Title 66 / Chapter 22 / Section 66-22-112
Fees of clerk
Status: in_force

For the clerk's services in this behalf, the clerk shall have the following fees: (1) For issuing a subpoena for each witness required to be summoned to prove the execution of a writing .................... $ .25 (2) For filing and entering the date of the presentation of a deed or other instrument, when its authentication is not completed at the time of presentation, in addition to the fees allowed by law for taking probates and acknowledgments of deeds and other instruments, and certifying the same .................... $ .10 Code 1858, § 2088 (deriv. Acts 1833, ch. 92, § 17); impl. am. Acts 1899, ch. 323, § 1; Shan., § 3768; Code 1932, § 7679; T.C.A. (orig. ed.), § 64-2212.
For the clerk's services in this behalf, the clerk shall have the following fees:
(1) For issuing a subpoena for each witness required to be summoned to prove the execution of a writing .................... $ .25
(2) For filing and entering the date of the presentation of a deed or other instrument, when its authentication is not completed at the time of presentation, in addition to the fees allowed by law for taking probates and acknowledgments of deeds and other instruments, and certifying the same .................... $ .10
Code 1858, § 2088 (deriv. Acts 1833, ch. 92, § 17); impl. am. Acts 1899, ch. 323, § 1; Shan., § 3768; Code 1932, § 7679; T.C.A. (orig. ed.), § 64-2212.
Tenn. Code Ann. § 66-37-101 — TN Code / Title 66 / Chapter 37 / Section 66-37-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Prohibition of Covenants Providing for Transfer Fees Act of 2011." Acts 2011, ch. 462, § 2.
This chapter shall be known and may be cited as the "Prohibition of Covenants Providing for Transfer Fees Act of 2011."
Acts 2011, ch. 462, § 2.
Tenn. Code Ann. § 66-32-110 — TN Code / Title 66 / Chapter 32 / Section 66-32-110
Time-share use management
Status: in_force

The time-share instruments for a time-share use program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair and furnishing of units which shall ordinarily include, but need not be limited to, provisions for the following: (1) Standards and procedures for upkeep, repair and interior furnishings of units and for providing maid, cleaning, linen and similar services to the units during use periods; (2) Adoption of standards and rules of conduct governing the use and occupancy of units by owners; (3) Payment of the costs and expenses of operating the time-share program and owning and maintaining the units; (4) Selection of a managing agent to act on behalf of the developer; (5) Preparation and dissemination to owners of an annual budget and of operating statements and other financial information concerning the time-share program; (6) Procedures for establishing the rights of owners to the use of units by prearrangement or under a first-reserved first-served priority system; (7) Organization of a management advisory board consisting of time-share use owners including an enumeration of rights and responsibilities of the board; (8) Procedures for imposing and collecting assessments or use fees from time-share use owners as necessary to defray costs of management of the time-share program and in providing materials and services to the units; (9) Comprehensive general liability insurance for death, bodily injury and property damage arising out of, or in connection with, the use of units by time-share use owners, their guests and other users; (10) Methods for providing compensating use periods or monetary compensation to an owner if a unit cannot be made available for the period to which the owner is entitled by schedule or a confirmed reservation; (11) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share program for failure of the owner to comply with the provisions of the time-share instruments or the rules established by the developer with respect to the use of the units. The owners shall be given notice and the opportunity to refute or explain the charges in person or in writing to the management advisory board before a decision to impose discipline is rendered; and (12) Annual dissemination to all time-share use owners by the developer, or by the managing agent, of a list of the name and mailing addresses of all current time-share use owners in the time-share program. Acts 1981, ch. 372, § 11; T.C.A., § 64-3211.
The time-share instruments for a time-share use program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair and furnishing of units which shall ordinarily include, but need not be limited to, provisions for the following:
(1) Standards and procedures for upkeep, repair and interior furnishings of units and for providing maid, cleaning, linen and similar services to the units during use periods;
(2) Adoption of standards and rules of conduct governing the use and occupancy of units by owners;
(3) Payment of the costs and expenses of operating the time-share program and owning and maintaining the units;
(4) Selection of a managing agent to act on behalf of the developer;
(5) Preparation and dissemination to owners of an annual budget and of operating statements and other financial information concerning the time-share program;
(6) Procedures for establishing the rights of owners to the use of units by prearrangement or under a first-reserved first-served priority system;
(7) Organization of a management advisory board consisting of time-share use owners including an enumeration of rights and responsibilities of the board;
(8) Procedures for imposing and collecting assessments or use fees from time-share use owners as necessary to defray costs of management of the time-share program and in providing materials and services to the units;
(9) Comprehensive general liability insurance for death, bodily injury and property damage arising out of, or in connection with, the use of units by time-share use owners, their guests and other users;
(10) Methods for providing compensating use periods or monetary compensation to an owner if a unit cannot be made available for the period to which the owner is entitled by schedule or a confirmed reservation;
(11) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share program for failure of the owner to comply with the provisions of the time-share instruments or the rules established by the developer with respect to the use of the units. The owners shall be given notice and the opportunity to refute or explain the charges in person or in writing to the management advisory board before a decision to impose discipline is rendered; and
(12) Annual dissemination to all time-share use owners by the developer, or by the managing agent, of a list of the name and mailing addresses of all current time-share use owners in the time-share program.
Acts 1981, ch. 372, § 11; T.C.A., § 64-3211.
Tenn. Code Ann. § 66-25-203 — TN Code / Title 66 / Chapter 25 / Section 66-25-203
Execution of marginal release - Fee
Status: in_force

The entry, except the signature of the person making the release and the attesting signature of the register or the register's deputy, shall be either in the handwriting of the register or the register's deputy or by stamp or both; provided, that the register may charge and collect for the register's services in making the entry, and officially authenticating the same, the sum of three dollars ($3.00). Acts 1990, ch. 902, § 8.
The entry, except the signature of the person making the release and the attesting signature of the register or the register's deputy, shall be either in the handwriting of the register or the register's deputy or by stamp or both; provided, that the register may charge and collect for the register's services in making the entry, and officially authenticating the same, the sum of three dollars ($3.00).
Acts 1990, ch. 902, § 8.
Tenn. Code Ann. § 66-7-109 — TN Code / Title 66 / Chapter 7 / Section 66-7-109
Notice of termination by landlord - Testimony of manager against tenant
Status: in_force

(a) (1) Except as provided in this section, fourteen (14) days' notice by a landlord shall be sufficient notice of termination of tenancy for the purpose of eviction of a residential tenant, if the termination of tenancy is for one of the following reasons: (A) Tenant neglect or refusal to pay rent that is due and is in arrears, upon demand; (B) Damage beyond normal wear and tear to the premises by the tenant, members of the household, or guests; or (C) The tenant or any other person on the premises with the tenant's consent willfully or intentionally commits a violent act or behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants, the landlord, the landlord's representatives or other persons on the premises. (2) If the notice of termination of tenancy is given for one of the reasons set out in subdivision (a)(1)(A) or (a)(1)(B) and the breach is remediable by repairs or the payment of rent or damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice from the landlord, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination of the rental agreement. (b) For all other defaults in the lease agreement, a thirty-day termination notice from the date such notice is given by the landlord shall be required for the purpose of eviction of a residential tenant. (c) This section shall not apply to a tenancy where the rental period is for less than fourteen (14) days. (d) Notwithstanding § 66-7-107 or this section to the contrary, three (3) days' notice by a landlord is sufficient notice of termination of tenancy to evict a residential tenant in a housing authority created pursuant to title 13, chapter 20, part 4 or 5, or a residential tenant, who is not mentally or physically disabled, in a rental property located in any county not governed by the Uniform Residential Landlord and Tenant Act, compiled in chapter 28 of this title, if the tenant, in either case, or any other person on the premises with the tenant's consent, willfully or intentionally: (1) Commits a violent act; (2) Engages in any drug-related criminal activity; or (3) Behaves in a manner that constitutes or threatens to be a real and present danger to the health, safety, or welfare of the life or property of other tenants, the landlord, the landlord's representatives, or other persons on the premises. (e) (1) If domestic abuse, as defined in § 36-3-601 , is the underlying offense for which a tenancy is terminated, only the perpetrator may be evicted. The landlord shall not evict the victims, minor children under eighteen (18) years of age, or innocent occupants, any of whom occupy the subject premises under a lease agreement, based solely on the domestic abuse. Even if evicted or removed from the lease, the perpetrator shall remain financially liable for all amounts due under all terms and conditions of the present lease agreement. (2) If a lease agreement is in effect, the landlord may remove the perpetrator from the lease agreement and require the remaining adult tenants to qualify for and enter into a new agreement for the remainder of the present lease term. The landlord shall not be responsible for any and all damages suffered by the perpetrator due to the bifurcation and termination of the lease agreement in accordance with this section. (3) If domestic abuse, as defined in § 36-3-601 , is the underlying offense for which tenancy could be terminated, the victim and all adult tenants shall agree, in writing, not to allow the perpetrator to return to the subject premises or any part of the community property, and to immediately report the perpetrator's return to the proper authority, for the remainder of the tenancy. A violation of such agreement shall be cause to terminate tenancy as to the victim and all other tenants. (4) The rights under this section shall not apply until the victim has been judicially granted an order of protection against the perpetrator for the specific incident for which tenancy is being terminated, a copy of such order has been provided to the landlord, and the order: (A) Provides for the perpetrator to move out or vacate immediately; (B) Prohibits the perpetrator from coming by or to a shared residence; (C) Requires that the perpetrator stay away from the victim's residence; or (D) Finds that the perpetrator's continuing to reside in the rented or leased premises may jeopardize the life, health, and safety of the victim or the victim's minor children. (5) Failure to comply with this section, or dismissal of an order of protection that allows application of this section, abrogates the rights provided to the victim, minor children, and innocent occupants under this section. (6) The rights granted in this section shall not apply in any situation where the perpetrator is a child or dependent of any tenant. (7) Nothing in this section shall prohibit the eviction of a victim of domestic abuse for non-payment of rent, a lease violation, or any violation of this chapter. (f) Three (3) days' notice by a landlord is sufficient notice of termination of tenancy for the purpose of eviction of an unauthorized subtenant or other unauthorized occupant, if the termination of tenancy is for refusal by the unauthorized subtenant or other unauthorized occupant to vacate the premises. (g) Nothing in this section shall apply to rental property located in any county governed by the Uniform Residential Landlord and Tenant Act. (h) Notwithstanding a rental agreement to the contrary, a manager may testify against a tenant under this chapter in the same manner as a landlord or owner. (i) (1) As used in this subsection (i): (A) "Facility" means a facility that: (i) Provides housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; and (ii) Receives federal financial assistance that subjects it to Section 504 of the federal Rehabilitation Act of 1973 ( 29 U.S.C. § 794 ); (B) "New property development" means: (i) Razing a facility to use the real property on which the facility is located for purposes other than to provide housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; or (ii) Renovating a facility in a manner that requires the tenants of the facility to vacate the facility in order to turn the facility into residential housing offered at a market rate; and (C) "Residential tenant" means a residential tenant who has a lease or other agreement to live in a facility and who is fifty-five (55) years of age or older. (2) A landlord shall provide sixty (60) days' notice of termination of tenancy for the purpose of eviction of a residential tenant of a facility if: (A) The tenant has paid the tenant's rent due and is not in arrears on rent payments; and (B) The termination and eviction are to allow for new property development. (3) This subsection (i) does not abrogate a landlord's right to terminate a tenancy for a violation of another law or of the lease or tenancy agreement. Amended by 2023 Tenn. Acts, ch. 400, s 2, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 100, s 3, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 528, s 2, eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 236, s 2, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 960, s 1, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 895, s 2, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 172, Secs.s 1, s 2eff. 4/17/2015. Acts 1999, ch. 451, §§1, 2; 2007 , ch. 75, § 1.
(a) (1) Except as provided in this section, fourteen (14) days' notice by a landlord shall be sufficient notice of termination of tenancy for the purpose of eviction of a residential tenant, if the termination of tenancy is for one of the following reasons: (A) Tenant neglect or refusal to pay rent that is due and is in arrears, upon demand; (B) Damage beyond normal wear and tear to the premises by the tenant, members of the household, or guests; or (C) The tenant or any other person on the premises with the tenant's consent willfully or intentionally commits a violent act or behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants, the landlord, the landlord's representatives or other persons on the premises. (2) If the notice of termination of tenancy is given for one of the reasons set out in subdivision (a)(1)(A) or (a)(1)(B) and the breach is remediable by repairs or the payment of rent or damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice from the landlord, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination of the rental agreement.
(1) Except as provided in this section, fourteen (14) days' notice by a landlord shall be sufficient notice of termination of tenancy for the purpose of eviction of a residential tenant, if the termination of tenancy is for one of the following reasons: (A) Tenant neglect or refusal to pay rent that is due and is in arrears, upon demand; (B) Damage beyond normal wear and tear to the premises by the tenant, members of the household, or guests; or (C) The tenant or any other person on the premises with the tenant's consent willfully or intentionally commits a violent act or behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants, the landlord, the landlord's representatives or other persons on the premises.
(A) Tenant neglect or refusal to pay rent that is due and is in arrears, upon demand;
(B) Damage beyond normal wear and tear to the premises by the tenant, members of the household, or guests; or
(C) The tenant or any other person on the premises with the tenant's consent willfully or intentionally commits a violent act or behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants, the landlord, the landlord's representatives or other persons on the premises.
(2) If the notice of termination of tenancy is given for one of the reasons set out in subdivision (a)(1)(A) or (a)(1)(B) and the breach is remediable by repairs or the payment of rent or damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice from the landlord, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination of the rental agreement.
(b) For all other defaults in the lease agreement, a thirty-day termination notice from the date such notice is given by the landlord shall be required for the purpose of eviction of a residential tenant.
(c) This section shall not apply to a tenancy where the rental period is for less than fourteen (14) days.
(d) Notwithstanding § 66-7-107 or this section to the contrary, three (3) days' notice by a landlord is sufficient notice of termination of tenancy to evict a residential tenant in a housing authority created pursuant to title 13, chapter 20, part 4 or 5, or a residential tenant, who is not mentally or physically disabled, in a rental property located in any county not governed by the Uniform Residential Landlord and Tenant Act, compiled in chapter 28 of this title, if the tenant, in either case, or any other person on the premises with the tenant's consent, willfully or intentionally: (1) Commits a violent act; (2) Engages in any drug-related criminal activity; or (3) Behaves in a manner that constitutes or threatens to be a real and present danger to the health, safety, or welfare of the life or property of other tenants, the landlord, the landlord's representatives, or other persons on the premises.
(1) Commits a violent act;
(2) Engages in any drug-related criminal activity; or
(3) Behaves in a manner that constitutes or threatens to be a real and present danger to the health, safety, or welfare of the life or property of other tenants, the landlord, the landlord's representatives, or other persons on the premises.
(e) (1) If domestic abuse, as defined in § 36-3-601 , is the underlying offense for which a tenancy is terminated, only the perpetrator may be evicted. The landlord shall not evict the victims, minor children under eighteen (18) years of age, or innocent occupants, any of whom occupy the subject premises under a lease agreement, based solely on the domestic abuse. Even if evicted or removed from the lease, the perpetrator shall remain financially liable for all amounts due under all terms and conditions of the present lease agreement. (2) If a lease agreement is in effect, the landlord may remove the perpetrator from the lease agreement and require the remaining adult tenants to qualify for and enter into a new agreement for the remainder of the present lease term. The landlord shall not be responsible for any and all damages suffered by the perpetrator due to the bifurcation and termination of the lease agreement in accordance with this section. (3) If domestic abuse, as defined in § 36-3-601 , is the underlying offense for which tenancy could be terminated, the victim and all adult tenants shall agree, in writing, not to allow the perpetrator to return to the subject premises or any part of the community property, and to immediately report the perpetrator's return to the proper authority, for the remainder of the tenancy. A violation of such agreement shall be cause to terminate tenancy as to the victim and all other tenants. (4) The rights under this section shall not apply until the victim has been judicially granted an order of protection against the perpetrator for the specific incident for which tenancy is being terminated, a copy of such order has been provided to the landlord, and the order: (A) Provides for the perpetrator to move out or vacate immediately; (B) Prohibits the perpetrator from coming by or to a shared residence; (C) Requires that the perpetrator stay away from the victim's residence; or (D) Finds that the perpetrator's continuing to reside in the rented or leased premises may jeopardize the life, health, and safety of the victim or the victim's minor children. (5) Failure to comply with this section, or dismissal of an order of protection that allows application of this section, abrogates the rights provided to the victim, minor children, and innocent occupants under this section. (6) The rights granted in this section shall not apply in any situation where the perpetrator is a child or dependent of any tenant. (7) Nothing in this section shall prohibit the eviction of a victim of domestic abuse for non-payment of rent, a lease violation, or any violation of this chapter.
(1) If domestic abuse, as defined in § 36-3-601 , is the underlying offense for which a tenancy is terminated, only the perpetrator may be evicted. The landlord shall not evict the victims, minor children under eighteen (18) years of age, or innocent occupants, any of whom occupy the subject premises under a lease agreement, based solely on the domestic abuse. Even if evicted or removed from the lease, the perpetrator shall remain financially liable for all amounts due under all terms and conditions of the present lease agreement.
(2) If a lease agreement is in effect, the landlord may remove the perpetrator from the lease agreement and require the remaining adult tenants to qualify for and enter into a new agreement for the remainder of the present lease term. The landlord shall not be responsible for any and all damages suffered by the perpetrator due to the bifurcation and termination of the lease agreement in accordance with this section.
(3) If domestic abuse, as defined in § 36-3-601 , is the underlying offense for which tenancy could be terminated, the victim and all adult tenants shall agree, in writing, not to allow the perpetrator to return to the subject premises or any part of the community property, and to immediately report the perpetrator's return to the proper authority, for the remainder of the tenancy. A violation of such agreement shall be cause to terminate tenancy as to the victim and all other tenants.
(4) The rights under this section shall not apply until the victim has been judicially granted an order of protection against the perpetrator for the specific incident for which tenancy is being terminated, a copy of such order has been provided to the landlord, and the order: (A) Provides for the perpetrator to move out or vacate immediately; (B) Prohibits the perpetrator from coming by or to a shared residence; (C) Requires that the perpetrator stay away from the victim's residence; or (D) Finds that the perpetrator's continuing to reside in the rented or leased premises may jeopardize the life, health, and safety of the victim or the victim's minor children.
(A) Provides for the perpetrator to move out or vacate immediately;
(B) Prohibits the perpetrator from coming by or to a shared residence;
(C) Requires that the perpetrator stay away from the victim's residence; or
(D) Finds that the perpetrator's continuing to reside in the rented or leased premises may jeopardize the life, health, and safety of the victim or the victim's minor children.
(5) Failure to comply with this section, or dismissal of an order of protection that allows application of this section, abrogates the rights provided to the victim, minor children, and innocent occupants under this section.
(6) The rights granted in this section shall not apply in any situation where the perpetrator is a child or dependent of any tenant.
(7) Nothing in this section shall prohibit the eviction of a victim of domestic abuse for non-payment of rent, a lease violation, or any violation of this chapter.
(f) Three (3) days' notice by a landlord is sufficient notice of termination of tenancy for the purpose of eviction of an unauthorized subtenant or other unauthorized occupant, if the termination of tenancy is for refusal by the unauthorized subtenant or other unauthorized occupant to vacate the premises.
(g) Nothing in this section shall apply to rental property located in any county governed by the Uniform Residential Landlord and Tenant Act.
(h) Notwithstanding a rental agreement to the contrary, a manager may testify against a tenant under this chapter in the same manner as a landlord or owner.
(i) (1) As used in this subsection (i): (A) "Facility" means a facility that: (i) Provides housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; and (ii) Receives federal financial assistance that subjects it to Section 504 of the federal Rehabilitation Act of 1973 ( 29 U.S.C. § 794 ); (B) "New property development" means: (i) Razing a facility to use the real property on which the facility is located for purposes other than to provide housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; or (ii) Renovating a facility in a manner that requires the tenants of the facility to vacate the facility in order to turn the facility into residential housing offered at a market rate; and (C) "Residential tenant" means a residential tenant who has a lease or other agreement to live in a facility and who is fifty-five (55) years of age or older. (2) A landlord shall provide sixty (60) days' notice of termination of tenancy for the purpose of eviction of a residential tenant of a facility if: (A) The tenant has paid the tenant's rent due and is not in arrears on rent payments; and (B) The termination and eviction are to allow for new property development. (3) This subsection (i) does not abrogate a landlord's right to terminate a tenancy for a violation of another law or of the lease or tenancy agreement.
(1) As used in this subsection (i): (A) "Facility" means a facility that: (i) Provides housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; and (ii) Receives federal financial assistance that subjects it to Section 504 of the federal Rehabilitation Act of 1973 ( 29 U.S.C. § 794 ); (B) "New property development" means: (i) Razing a facility to use the real property on which the facility is located for purposes other than to provide housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; or (ii) Renovating a facility in a manner that requires the tenants of the facility to vacate the facility in order to turn the facility into residential housing offered at a market rate; and (C) "Residential tenant" means a residential tenant who has a lease or other agreement to live in a facility and who is fifty-five (55) years of age or older.
(A) "Facility" means a facility that: (i) Provides housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; and (ii) Receives federal financial assistance that subjects it to Section 504 of the federal Rehabilitation Act of 1973 ( 29 U.S.C. § 794 );
(i) Provides housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; and
(ii) Receives federal financial assistance that subjects it to Section 504 of the federal Rehabilitation Act of 1973 ( 29 U.S.C. § 794 );
(B) "New property development" means: (i) Razing a facility to use the real property on which the facility is located for purposes other than to provide housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; or (ii) Renovating a facility in a manner that requires the tenants of the facility to vacate the facility in order to turn the facility into residential housing offered at a market rate; and
(i) Razing a facility to use the real property on which the facility is located for purposes other than to provide housing for older persons, as defined in 42 U.S.C. § 3607(b)(2)(C) ; or
(ii) Renovating a facility in a manner that requires the tenants of the facility to vacate the facility in order to turn the facility into residential housing offered at a market rate; and
(C) "Residential tenant" means a residential tenant who has a lease or other agreement to live in a facility and who is fifty-five (55) years of age or older.
(2) A landlord shall provide sixty (60) days' notice of termination of tenancy for the purpose of eviction of a residential tenant of a facility if: (A) The tenant has paid the tenant's rent due and is not in arrears on rent payments; and (B) The termination and eviction are to allow for new property development.
(A) The tenant has paid the tenant's rent due and is not in arrears on rent payments; and
(B) The termination and eviction are to allow for new property development.
(3) This subsection (i) does not abrogate a landlord's right to terminate a tenancy for a violation of another law or of the lease or tenancy agreement.
Amended by 2023 Tenn. Acts, ch. 400, s 2, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 100, s 3, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 528, s 2, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 236, s 2, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 960, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 895, s 2, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 172, Secs.s 1, s 2eff. 4/17/2015.
Acts 1999, ch. 451, §§1, 2; 2007 , ch. 75, § 1.
Tenn. Code Ann. § 66-11-115 — TN Code / Title 66 / Chapter 11 / Section 66-11-115
Liens by remote contractors
Status: in_force

(a) Every remote contractor shall have the lien provided by this part for work or labor performed or materials, services, equipment, or machinery furnished by the remote contractor in furtherance of the improvement; provided, that the remote contractor: (1) Satisfies all of the requirements set forth in § 66-11-145 , if applicable; and (2) Within the time provided for recording sworn statements set out in § 66-11-112(a) , serves a notice of lien, in writing, on the owner of the property on which the improvement is being made. (b) The lien shall continue for the period of ninety (90) days from the date of service of notice in favor of the remote contractor, and until the final termination of any suit for its enforcement properly brought pursuant to § 66-11-126 within that period. (c) The notice of lien may be in substantially the form provided in § 66-11-112(d) . Code 1858, § 1986 (deriv. Acts 1845-1846, ch. 118, § 2); Acts 1881, ch. 67, § 2; 1889, ch. 103, § 1; Shan., § 3540; Acts 1927, ch. 35, §§ 1, 2; mod. Code 1932, § 7927; T.C.A. (orig. ed.), § 64-1115; Acts 1990, ch. 854, § 4; 2007, ch. 189, § 15.
(a) Every remote contractor shall have the lien provided by this part for work or labor performed or materials, services, equipment, or machinery furnished by the remote contractor in furtherance of the improvement; provided, that the remote contractor: (1) Satisfies all of the requirements set forth in § 66-11-145 , if applicable; and (2) Within the time provided for recording sworn statements set out in § 66-11-112(a) , serves a notice of lien, in writing, on the owner of the property on which the improvement is being made.
(1) Satisfies all of the requirements set forth in § 66-11-145 , if applicable; and
(2) Within the time provided for recording sworn statements set out in § 66-11-112(a) , serves a notice of lien, in writing, on the owner of the property on which the improvement is being made.
(b) The lien shall continue for the period of ninety (90) days from the date of service of notice in favor of the remote contractor, and until the final termination of any suit for its enforcement properly brought pursuant to § 66-11-126 within that period.
(c) The notice of lien may be in substantially the form provided in § 66-11-112(d) .
Code 1858, § 1986 (deriv. Acts 1845-1846, ch. 118, § 2); Acts 1881, ch. 67, § 2; 1889, ch. 103, § 1; Shan., § 3540; Acts 1927, ch. 35, §§ 1, 2; mod. Code 1932, § 7927; T.C.A. (orig. ed.), § 64-1115; Acts 1990, ch. 854, § 4; 2007, ch. 189, § 15.
Tenn. Code Ann. § 66-27-211 — TN Code / Title 66 / Chapter 27 / Section 66-27-211
Enforcement
Status: in_force

In addition to any other remedy provided by the declaration, any right or obligation declared by this part and parts 3-5 of this chapter is enforceable by judicial proceeding. If any person subject to this part and parts 3-5 of this chapter fails to comply with this part and parts 3-5 of this chapter or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. The court, in an appropriate case involving willful failure to comply with this part and parts 3-5 of this chapter, or any provision of the declaration or bylaws, may award reasonable attorney's fees. Acts 2008, ch. 766, § 1.
In addition to any other remedy provided by the declaration, any right or obligation declared by this part and parts 3-5 of this chapter is enforceable by judicial proceeding. If any person subject to this part and parts 3-5 of this chapter fails to comply with this part and parts 3-5 of this chapter or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. The court, in an appropriate case involving willful failure to comply with this part and parts 3-5 of this chapter, or any provision of the declaration or bylaws, may award reasonable attorney's fees.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-5-104 — TN Code / Title 66 / Chapter 5 / Section 66-5-104
Execution by agent or attorney
Status: in_force

Instruments in relation to real or personal property, executed by an agent or attorney, may be signed by such agent or attorney for the principal, or by writing the name of the principal by that person as agent or attorney; or by simply writing the agent's or attorney's own name or the principal's name, if the instrument on its face shows the character in which it is intended to be executed. Code 1858, § 2012 (deriv. Acts 1841-1842, ch. 153, § 1); Shan., § 3679; Code 1932, § 7606; T.C.A. (orig. ed.), § 64-503.
Instruments in relation to real or personal property, executed by an agent or attorney, may be signed by such agent or attorney for the principal, or by writing the name of the principal by that person as agent or attorney; or by simply writing the agent's or attorney's own name or the principal's name, if the instrument on its face shows the character in which it is intended to be executed.
Code 1858, § 2012 (deriv. Acts 1841-1842, ch. 153, § 1); Shan., § 3679; Code 1932, § 7606; T.C.A. (orig. ed.), § 64-503.
Tenn. Code Ann. § 66-34-602 — TN Code / Title 66 / Chapter 34 / Section 66-34-602
Nonpayment - Notice of intent to seek relief under chapter - Remedies - Attorney's fees - Bond
Status: in_force

(a) (1) A prime contractor who has not received payment from an owner, or a remote contractor who has not received payment from a prime contractor or other remote contractor, in accordance with this chapter, or any prime contractor or remote contractor that intends to seek to recover funds as permitted by § 66-34-205 and this section, shall notify the party failing to make payment of the notifying party's intent to seek relief against that party as provided in this chapter. (2) The notification must be made by registered or certified mail, return receipt requested, or by another commercial delivery service that provides written confirmation of delivery. (3) If the notified party does not, within ten (10) calendar days after receipt of the notice, make payment or provide to the notifying party a response giving adequate legal reasons for failure of the notified party to make payment, then the notifying party may, in addition to all other remedies available at law or in equity, sue for equitable relief, including injunctive relief, for continuing violations of this chapter in the chancery court of the county in which the real property is located. (4) The failure to make the only payment due under the contract may be considered a continuing violation under this chapter. (5) The notification required by this part may be sent separately or as part of any notice of nonpayment or other notice required under the contract and may be in substantially the following form: This letter shall serve as notice pursuant to the Tennessee Prompt Pay Act, Tenn. Code Ann. §§ 66-34-101 et seq., of [prime contractor or remote contractor]'s intent to seek relief under the Prompt Pay Act. [Prime contractor or remote contractor] furnished [description of labor, materials, or services furnished] in furtherance of improvements to real property located at [property description] pursuant to its written contract with [lender, owner, prime contractor, or remote contractor]. [Prime contractor or remote contractor] first furnished labor, materials, or services on [insert first date] and ["is still continuing to perform" or "last furnished labor, materials, or services on (insert date)"]. If [owner, prime contractor, and/or remote contractor] fail(s) to make payment, arrange for payment, or provide a response setting forth adequate legal reasons for the failure to make payment to [prime contractor or remote contractor] within ten (10) days of your receipt of this letter, then [prime contractor or remote contractor] may, in addition to all other remedies at law or in equity, file a lawsuit for equitable relief, including injunctive relief, for continuing violations of this chapter. (b) (1) If an owner does not make payment to a prime contractor or furnish a response setting forth adequate legal reasons for the owner's failure to make payment within ten (10) days of receipt of the notice required by subsection (a), then the prime contractor may stop work until payment is received or until the owner provides a response setting forth adequate legal reasons for the owner's failure to make payment, as long as the prime contractor is not otherwise in default of the written contract. If, in accordance with subsection (a), the owner makes payment or provides a response setting forth adequate legal reasons for the failure to pay the prime contractor, then the prime contractor shall not stop work pursuant to this section. (2) If a prime contractor does not make payment to a remote contractor or furnish a response setting forth adequate legal reasons for the prime contractor's failure to make payment within ten (10) days of receipt of the notice required by subsection (a), then the remote contractor may stop work until payment is received or until the prime contractor provides a response setting forth adequate legal reasons for the prime contractor's failure to make payment, as long as the remote contractor is not otherwise in default of the written contract. If, in accordance with subsection (a), the prime contractor makes payment or provides a response setting forth adequate legal reasons for the failure to pay the remote contractor, then the remote contractor shall not stop work pursuant to this section. (c) Any work stoppage by a prime contractor or a remote contractor in accordance with this section entitles the prime contractor or remote contractor to an extension of the contract schedule, if any, equal to the length of the work stoppage. (d) Reasonable attorney's fees may be awarded against the nonprevailing party if the nonprevailing party acted in bad faith. (e) A bond in the amount claimed or ordered to be paid must be filed with good sureties to be approved by the clerk prior to the issuance of any injunctive relief. Amended by 2020 Tenn. Acts, ch. 749, s 30, eff. 7/1/2020. Acts 1991, ch. 45, § 1.
(a) (1) A prime contractor who has not received payment from an owner, or a remote contractor who has not received payment from a prime contractor or other remote contractor, in accordance with this chapter, or any prime contractor or remote contractor that intends to seek to recover funds as permitted by § 66-34-205 and this section, shall notify the party failing to make payment of the notifying party's intent to seek relief against that party as provided in this chapter. (2) The notification must be made by registered or certified mail, return receipt requested, or by another commercial delivery service that provides written confirmation of delivery. (3) If the notified party does not, within ten (10) calendar days after receipt of the notice, make payment or provide to the notifying party a response giving adequate legal reasons for failure of the notified party to make payment, then the notifying party may, in addition to all other remedies available at law or in equity, sue for equitable relief, including injunctive relief, for continuing violations of this chapter in the chancery court of the county in which the real property is located. (4) The failure to make the only payment due under the contract may be considered a continuing violation under this chapter. (5) The notification required by this part may be sent separately or as part of any notice of nonpayment or other notice required under the contract and may be in substantially the following form: This letter shall serve as notice pursuant to the Tennessee Prompt Pay Act, Tenn. Code Ann. §§ 66-34-101 et seq., of [prime contractor or remote contractor]'s intent to seek relief under the Prompt Pay Act. [Prime contractor or remote contractor] furnished [description of labor, materials, or services furnished] in furtherance of improvements to real property located at [property description] pursuant to its written contract with [lender, owner, prime contractor, or remote contractor]. [Prime contractor or remote contractor] first furnished labor, materials, or services on [insert first date] and ["is still continuing to perform" or "last furnished labor, materials, or services on (insert date)"]. If [owner, prime contractor, and/or remote contractor] fail(s) to make payment, arrange for payment, or provide a response setting forth adequate legal reasons for the failure to make payment to [prime contractor or remote contractor] within ten (10) days of your receipt of this letter, then [prime contractor or remote contractor] may, in addition to all other remedies at law or in equity, file a lawsuit for equitable relief, including injunctive relief, for continuing violations of this chapter.
(1) A prime contractor who has not received payment from an owner, or a remote contractor who has not received payment from a prime contractor or other remote contractor, in accordance with this chapter, or any prime contractor or remote contractor that intends to seek to recover funds as permitted by § 66-34-205 and this section, shall notify the party failing to make payment of the notifying party's intent to seek relief against that party as provided in this chapter.
(2) The notification must be made by registered or certified mail, return receipt requested, or by another commercial delivery service that provides written confirmation of delivery.
(3) If the notified party does not, within ten (10) calendar days after receipt of the notice, make payment or provide to the notifying party a response giving adequate legal reasons for failure of the notified party to make payment, then the notifying party may, in addition to all other remedies available at law or in equity, sue for equitable relief, including injunctive relief, for continuing violations of this chapter in the chancery court of the county in which the real property is located.
(4) The failure to make the only payment due under the contract may be considered a continuing violation under this chapter.
(5) The notification required by this part may be sent separately or as part of any notice of nonpayment or other notice required under the contract and may be in substantially the following form: This letter shall serve as notice pursuant to the Tennessee Prompt Pay Act, Tenn. Code Ann. §§ 66-34-101 et seq., of [prime contractor or remote contractor]'s intent to seek relief under the Prompt Pay Act. [Prime contractor or remote contractor] furnished [description of labor, materials, or services furnished] in furtherance of improvements to real property located at [property description] pursuant to its written contract with [lender, owner, prime contractor, or remote contractor]. [Prime contractor or remote contractor] first furnished labor, materials, or services on [insert first date] and ["is still continuing to perform" or "last furnished labor, materials, or services on (insert date)"]. If [owner, prime contractor, and/or remote contractor] fail(s) to make payment, arrange for payment, or provide a response setting forth adequate legal reasons for the failure to make payment to [prime contractor or remote contractor] within ten (10) days of your receipt of this letter, then [prime contractor or remote contractor] may, in addition to all other remedies at law or in equity, file a lawsuit for equitable relief, including injunctive relief, for continuing violations of this chapter.
This letter shall serve as notice pursuant to the Tennessee Prompt Pay Act, Tenn. Code Ann. §§ 66-34-101 et seq., of [prime contractor or remote contractor]'s intent to seek relief under the Prompt Pay Act. [Prime contractor or remote contractor] furnished [description of labor, materials, or services furnished] in furtherance of improvements to real property located at [property description] pursuant to its written contract with [lender, owner, prime contractor, or remote contractor]. [Prime contractor or remote contractor] first furnished labor, materials, or services on [insert first date] and ["is still continuing to perform" or "last furnished labor, materials, or services on (insert date)"]. If [owner, prime contractor, and/or remote contractor] fail(s) to make payment, arrange for payment, or provide a response setting forth adequate legal reasons for the failure to make payment to [prime contractor or remote contractor] within ten (10) days of your receipt of this letter, then [prime contractor or remote contractor] may, in addition to all other remedies at law or in equity, file a lawsuit for equitable relief, including injunctive relief, for continuing violations of this chapter.
(b) (1) If an owner does not make payment to a prime contractor or furnish a response setting forth adequate legal reasons for the owner's failure to make payment within ten (10) days of receipt of the notice required by subsection (a), then the prime contractor may stop work until payment is received or until the owner provides a response setting forth adequate legal reasons for the owner's failure to make payment, as long as the prime contractor is not otherwise in default of the written contract. If, in accordance with subsection (a), the owner makes payment or provides a response setting forth adequate legal reasons for the failure to pay the prime contractor, then the prime contractor shall not stop work pursuant to this section. (2) If a prime contractor does not make payment to a remote contractor or furnish a response setting forth adequate legal reasons for the prime contractor's failure to make payment within ten (10) days of receipt of the notice required by subsection (a), then the remote contractor may stop work until payment is received or until the prime contractor provides a response setting forth adequate legal reasons for the prime contractor's failure to make payment, as long as the remote contractor is not otherwise in default of the written contract. If, in accordance with subsection (a), the prime contractor makes payment or provides a response setting forth adequate legal reasons for the failure to pay the remote contractor, then the remote contractor shall not stop work pursuant to this section.
(1) If an owner does not make payment to a prime contractor or furnish a response setting forth adequate legal reasons for the owner's failure to make payment within ten (10) days of receipt of the notice required by subsection (a), then the prime contractor may stop work until payment is received or until the owner provides a response setting forth adequate legal reasons for the owner's failure to make payment, as long as the prime contractor is not otherwise in default of the written contract. If, in accordance with subsection (a), the owner makes payment or provides a response setting forth adequate legal reasons for the failure to pay the prime contractor, then the prime contractor shall not stop work pursuant to this section.
(2) If a prime contractor does not make payment to a remote contractor or furnish a response setting forth adequate legal reasons for the prime contractor's failure to make payment within ten (10) days of receipt of the notice required by subsection (a), then the remote contractor may stop work until payment is received or until the prime contractor provides a response setting forth adequate legal reasons for the prime contractor's failure to make payment, as long as the remote contractor is not otherwise in default of the written contract. If, in accordance with subsection (a), the prime contractor makes payment or provides a response setting forth adequate legal reasons for the failure to pay the remote contractor, then the remote contractor shall not stop work pursuant to this section.
(c) Any work stoppage by a prime contractor or a remote contractor in accordance with this section entitles the prime contractor or remote contractor to an extension of the contract schedule, if any, equal to the length of the work stoppage.
(d) Reasonable attorney's fees may be awarded against the nonprevailing party if the nonprevailing party acted in bad faith.
(e) A bond in the amount claimed or ordered to be paid must be filed with good sureties to be approved by the clerk prior to the issuance of any injunctive relief.
Amended by 2020 Tenn. Acts, ch. 749, s 30, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
Tenn. Code Ann. § 66-25-207 — TN Code / Title 66 / Chapter 25 / Section 66-25-207
Affidavit in lieu of production of instrument
Status: in_force

(a) In case the lawful owner or holder of the instrument secured, as provided in this part, shall be unable to produce same at the time of making application for such release, on account of same having been lost, destroyed or mislaid, the lawful owner or holder of the instrument secured shall subscribe and swear to an affidavit, before the register or deputy, hereby duly authorized to administer such oaths, stating that such person is the true and lawful owner or holder of the instrument thereby secured, and stating briefly the facts which account for the inability of the owner or holder to produce such instrument. (b) The affidavit, excusing production, shall be substantially in the following form: State of Tennessee County of ______________ I, ______________, do hereby solemnly swear (or affirm) that I am the true and lawful owner or holder of the note (or other instrument) secured by a lien created by an instrument which is of record in Deed (or Trust) Book ____________________, page ____________________, of the register's office of ____________________ County, Tennessee; that I desire to make a marginal release of the lien securing the instrument (in whole or in part, as the case may be - specifying the extent); that the same has been fully paid (wholly or in part, as the case may be - specifying the extent) to me as such lawful owner and holder, and that I am unable to produce the original note (or other instrument) for the following reasons: (Here state briefly the facts showing why the secured instrument cannot be produced for cancellation, and that its loss, etc., was unintentional). ______________ Owner or Holder of Note Sworn to and subscribed before me, this the ____________________ day of ____________________, 20____________________. ______________ Register or Deputy (c) Any person who shall willfully swear falsely in the affidavit is guilty of perjury, and liable to the penalty for perjury upon conviction. (d) The affidavit shall be filed with the register, and shall be recorded by the register in a well-bound book to be kept by the register in the register's office, and the original affidavit shall be filed and preserved as a record of the register's office. (e) In case the affidavit is made, the register shall charge a fee of one dollar ($1.00) for filing and recording the same, in addition to the register's fee for attesting the marginal release, these fees to be paid by the party making the release. (f) Upon the making of the affidavit, the register or the register's deputy shall permit a party to make the marginal release upon the record, where the original secured instrument is not produced, this release to be duly attested by the register or the register's deputy. Acts 1990, ch. 902, § 12.
(a) In case the lawful owner or holder of the instrument secured, as provided in this part, shall be unable to produce same at the time of making application for such release, on account of same having been lost, destroyed or mislaid, the lawful owner or holder of the instrument secured shall subscribe and swear to an affidavit, before the register or deputy, hereby duly authorized to administer such oaths, stating that such person is the true and lawful owner or holder of the instrument thereby secured, and stating briefly the facts which account for the inability of the owner or holder to produce such instrument.
(b) The affidavit, excusing production, shall be substantially in the following form: State of Tennessee County of ______________ I, ______________, do hereby solemnly swear (or affirm) that I am the true and lawful owner or holder of the note (or other instrument) secured by a lien created by an instrument which is of record in Deed (or Trust) Book ____________________, page ____________________, of the register's office of ____________________ County, Tennessee; that I desire to make a marginal release of the lien securing the instrument (in whole or in part, as the case may be - specifying the extent); that the same has been fully paid (wholly or in part, as the case may be - specifying the extent) to me as such lawful owner and holder, and that I am unable to produce the original note (or other instrument) for the following reasons: (Here state briefly the facts showing why the secured instrument cannot be produced for cancellation, and that its loss, etc., was unintentional). ______________ Owner or Holder of Note Sworn to and subscribed before me, this the ____________________ day of ____________________, 20____________________. ______________ Register or Deputy
State of Tennessee
County of ______________
I, ______________, do hereby solemnly swear (or affirm) that I am the true and lawful owner or holder of the note (or other instrument) secured by a lien created by an instrument which is of record in Deed (or Trust) Book ____________________, page ____________________, of the register's office of ____________________ County, Tennessee; that I desire to make a marginal release of the lien securing the instrument (in whole or in part, as the case may be - specifying the extent); that the same has been fully paid (wholly or in part, as the case may be - specifying the extent) to me as such lawful owner and holder, and that I am unable to produce the original note (or other instrument) for the following reasons: (Here state briefly the facts showing why the secured instrument cannot be produced for cancellation, and that its loss, etc., was unintentional).
______________ Owner or Holder of Note
Sworn to and subscribed before me, this the ____________________ day of ____________________, 20____________________.
______________ Register or Deputy
(c) Any person who shall willfully swear falsely in the affidavit is guilty of perjury, and liable to the penalty for perjury upon conviction.
(d) The affidavit shall be filed with the register, and shall be recorded by the register in a well-bound book to be kept by the register in the register's office, and the original affidavit shall be filed and preserved as a record of the register's office.
(e) In case the affidavit is made, the register shall charge a fee of one dollar ($1.00) for filing and recording the same, in addition to the register's fee for attesting the marginal release, these fees to be paid by the party making the release.
(f) Upon the making of the affidavit, the register or the register's deputy shall permit a party to make the marginal release upon the record, where the original secured instrument is not produced, this release to be duly attested by the register or the register's deputy.
Acts 1990, ch. 902, § 12.
Tenn. Code Ann. § 66-11-149 — TN Code / Title 66 / Chapter 11 / Section 66-11-149
Presumption of correctness of information on building permit - Service on listed agents or owners - Method of service - Presumption of complete service
Status: in_force

(a) For purposes of § 66-11-145 , the name of any owner, the owner's agent, any prime contractor, any remote contractor, or any other person, their addresses, and the real property description stated in a building permit authorizing the improvement shall be presumed to be correct and, in the case of property description, sufficient to identify the real property. (b) If one (1) or more agents are specified on the building permit, service on a listed agent shall be deemed to be service on all of the agent's principals, including those who have not separately listed an agent. If one (1) or more owners are specified on the building permit, service on the listed owner or owners shall be deemed to be service on all owners, including those not listed. (c) For the purposes of this chapter, except as provided in § 66-11-108 , any notice or other document required or permitted to be served shall be served by one (1) or more of the following means: (1) Registered or certified mail, return receipt requested; (2) Hand delivery, evidenced by a sworn statement, properly notarized, confirming delivery; or (3) Any other commercial delivery service that provides written confirmation of delivery. (d) For purposes of this chapter, there is a rebuttable presumption that service is complete: (1) Upon receipt by the party being served by hand delivery; (2) Within three (3) business days of mailing if served by registered or certified mail, return receipt requested; or (3) One (1) business day after commercial, overnight delivery if served by that means. Acts 2007, ch. 189, § 48; 2008, ch. 811, § 7.
(a) For purposes of § 66-11-145 , the name of any owner, the owner's agent, any prime contractor, any remote contractor, or any other person, their addresses, and the real property description stated in a building permit authorizing the improvement shall be presumed to be correct and, in the case of property description, sufficient to identify the real property.
(b) If one (1) or more agents are specified on the building permit, service on a listed agent shall be deemed to be service on all of the agent's principals, including those who have not separately listed an agent. If one (1) or more owners are specified on the building permit, service on the listed owner or owners shall be deemed to be service on all owners, including those not listed.
(c) For the purposes of this chapter, except as provided in § 66-11-108 , any notice or other document required or permitted to be served shall be served by one (1) or more of the following means: (1) Registered or certified mail, return receipt requested; (2) Hand delivery, evidenced by a sworn statement, properly notarized, confirming delivery; or (3) Any other commercial delivery service that provides written confirmation of delivery.
(1) Registered or certified mail, return receipt requested;
(2) Hand delivery, evidenced by a sworn statement, properly notarized, confirming delivery; or
(3) Any other commercial delivery service that provides written confirmation of delivery.
(d) For purposes of this chapter, there is a rebuttable presumption that service is complete: (1) Upon receipt by the party being served by hand delivery; (2) Within three (3) business days of mailing if served by registered or certified mail, return receipt requested; or (3) One (1) business day after commercial, overnight delivery if served by that means.
(1) Upon receipt by the party being served by hand delivery;
(2) Within three (3) business days of mailing if served by registered or certified mail, return receipt requested; or
(3) One (1) business day after commercial, overnight delivery if served by that means.
Acts 2007, ch. 189, § 48; 2008, ch. 811, § 7.
Tenn. Code Ann. § 66-29-173 — TN Code / Title 66 / Chapter 29 / Section 66-29-173
Civil penalty for failure to report, pay, or deliver property within prescribed time
Status: in_force

Except as otherwise provided in §§ 66-29-174 and 66-29-175 , the treasurer may assess against a holder who fails to report, pay, or deliver property within the time prescribed by this part a civil penalty of two hundred dollars ($200) for each day the duty is not performed, up to a cumulative maximum amount of five thousand dollars ($5,000). Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Except as otherwise provided in §§ 66-29-174 and 66-29-175 , the treasurer may assess against a holder who fails to report, pay, or deliver property within the time prescribed by this part a civil penalty of two hundred dollars ($200) for each day the duty is not performed, up to a cumulative maximum amount of five thousand dollars ($5,000).
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-3-313 — TN Code / Title 66 / Chapter 3 / Section 66-3-313
Official comments
Status: in_force

In any dispute as to the proper construction of one or more sections of this part, the official comments pertaining to the corresponding sections of the Uniform Fraudulent Transfers Act, official text, as adopted by the Uniform Law Commission and as in effect on July 1, 2003, shall constitute evidence of the purposes and policies underlying such sections, unless: (1) The sections of this part that are applicable to the dispute differ materially from the sections of the official text that would be applicable thereto; or (2) The official comments are inconsistent with the plain meaning of the applicable sections of this part. Amended by 2024 Tenn. Acts, ch. 494,s 12, eff. 2/21/2024. Acts 2003 , ch. 42, § 1.
In any dispute as to the proper construction of one or more sections of this part, the official comments pertaining to the corresponding sections of the Uniform Fraudulent Transfers Act, official text, as adopted by the Uniform Law Commission and as in effect on July 1, 2003, shall constitute evidence of the purposes and policies underlying such sections, unless:
(1) The sections of this part that are applicable to the dispute differ materially from the sections of the official text that would be applicable thereto; or
(2) The official comments are inconsistent with the plain meaning of the applicable sections of this part.
Amended by 2024 Tenn. Acts, ch. 494,s 12, eff. 2/21/2024.
Acts 2003 , ch. 42, § 1.
Tenn. Code Ann. § 66-29-204 — TN Code / Title 66 / Chapter 29 / Section 66-29-204
Exclusivity of provisions
Status: in_force

This part shall control the procedure and disposition of any property to which it applies in lieu of any other procedure prescribed by law including the Uniform Unclaimed Property Act, compiled in part 1 of this chapter. Acts 1984, ch. 862, § 4.
This part shall control the procedure and disposition of any property to which it applies in lieu of any other procedure prescribed by law including the Uniform Unclaimed Property Act, compiled in part 1 of this chapter.
Acts 1984, ch. 862, § 4.
Tenn. Code Ann. § 66-28-203 — TN Code / Title 66 / Chapter 28 / Section 66-28-203
Prohibited provisions
Status: in_force

(a) No rental agreement may provide that the tenant: (1) Authorizes any person to confess judgment on a claim arising out of the rental agreement; (2) Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or the costs connected with such liability. (b) A provision prohibited by subsection (a) included in an agreement is unenforceable. Should a landlord willfully provide a rental agreement containing provisions known by the landlord to be prohibited by this chapter, the tenant may recover actual damages sustained. The tenant cannot agree to waive or forego rights or remedies under this chapter. Acts 1975, ch. 245, § 1.403; T.C.A., § 64-2813.
(a) No rental agreement may provide that the tenant: (1) Authorizes any person to confess judgment on a claim arising out of the rental agreement; (2) Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or the costs connected with such liability.
(1) Authorizes any person to confess judgment on a claim arising out of the rental agreement;
(2) Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or the costs connected with such liability.
(b) A provision prohibited by subsection (a) included in an agreement is unenforceable. Should a landlord willfully provide a rental agreement containing provisions known by the landlord to be prohibited by this chapter, the tenant may recover actual damages sustained. The tenant cannot agree to waive or forego rights or remedies under this chapter.
Acts 1975, ch. 245, § 1.403; T.C.A., § 64-2813.
Tenn. Code Ann. § 66-23-106 — TN Code / Title 66 / Chapter 23 / Section 66-23-106
Witnesses outside country
Status: in_force

If the witnesses, or any of them, reside or are beyond the limits of the United States, the instrument may be proved by two (2) subscribing witnesses before the same officers and tribunals who have authority out of the state to take the acknowledgment of the person who executed the same. Code 1858, § 2052 (deriv. Acts 1839-1840, ch. 26, § 2); Shan., §3727; Code 1932, § 7642; T.C.A. (orig. ed.), § 64-2306.
If the witnesses, or any of them, reside or are beyond the limits of the United States, the instrument may be proved by two (2) subscribing witnesses before the same officers and tribunals who have authority out of the state to take the acknowledgment of the person who executed the same.
Code 1858, § 2052 (deriv. Acts 1839-1840, ch. 26, § 2); Shan., §3727; Code 1932, § 7642; T.C.A. (orig. ed.), § 64-2306.
Tenn. Code Ann. § 66-27-705 — TN Code / Title 66 / Chapter 27 / Section 66-27-705
Application of part
Status: in_force

Sections 66-27-702 , 66-27-703 , and 66-27-704 apply to declaration amendments that are enacted on or after May 1, 2021. Amended by 2024 Tenn. Acts, ch. 691,s 2, eff. 7/1/2024. Added by 2021 Tenn. Acts, ch. 151, s 1, eff. 5/1/2021.
Sections 66-27-702 , 66-27-703 , and 66-27-704 apply to declaration amendments that are enacted on or after May 1, 2021.
Amended by 2024 Tenn. Acts, ch. 691,s 2, eff. 7/1/2024.
Added by 2021 Tenn. Acts, ch. 151, s 1, eff. 5/1/2021.
Tenn. Code Ann. § 66-32-128 — TN Code / Title 66 / Chapter 32 / Section 66-32-128
Protection of nondefaulting purchasers
Status: in_force

The developer whose project is subject to an underlying blanket lien or encumbrance shall protect nondefaulting purchasers from foreclosure by the lienholder by obtaining from the lienholder a nondisturbance clause, subordination agreement or partial release of the lien as the time-share intervals are sold. In the alternative, the developer may obtain the agreement of the lienholder to take the project, in the event of default by the developer, subject to the rights of the nondefaulting purchasers by posting a bond, equal to fifty percent (50%) of the amount owed to the lienholder, making an assignment of receivables equal to one hundred twenty-five percent (125%) of the principal amounts due to the lienholder, pledging collateral security equal to one hundred percent (100%) of the amount owed to the lienholder or entering into any other financing plan or escrow agreement acceptable to the lienholder. Acts 1981, ch. 372, § 29; T.C.A., § 64-3229.
The developer whose project is subject to an underlying blanket lien or encumbrance shall protect nondefaulting purchasers from foreclosure by the lienholder by obtaining from the lienholder a nondisturbance clause, subordination agreement or partial release of the lien as the time-share intervals are sold. In the alternative, the developer may obtain the agreement of the lienholder to take the project, in the event of default by the developer, subject to the rights of the nondefaulting purchasers by posting a bond, equal to fifty percent (50%) of the amount owed to the lienholder, making an assignment of receivables equal to one hundred twenty-five percent (125%) of the principal amounts due to the lienholder, pledging collateral security equal to one hundred percent (100%) of the amount owed to the lienholder or entering into any other financing plan or escrow agreement acceptable to the lienholder.
Acts 1981, ch. 372, § 29; T.C.A., § 64-3229.
Tenn. Code Ann. § 66-32-126 — TN Code / Title 66 / Chapter 32 / Section 66-32-126
Exceptions from registration requirement
Status: in_force

No registration with the commission shall be required in the case of: (1) Any transfer of a time-share interval by any time-share interval owner other than the developer and/or the developer's agent; (2) Any disposition pursuant to court order; (3) A disposition by a government or governmental agency; (4) A disposition by foreclosure or deed in lieu of foreclosure; (5) A disposition of a time-share interval in a time-share project situated wholly outside this state; provided, that all solicitations, negotiations, and contacts took place wholly outside this state and the contract was executed wholly outside this state; (6) A gratuitous transfer of a time-share interval; or (7) Group reservations made for fifteen (15) or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations, where deposits are made and held for more than three (3) years in advance. Acts 1981, ch. 372, § 27; T.C.A., § 64-3227.
No registration with the commission shall be required in the case of:
(1) Any transfer of a time-share interval by any time-share interval owner other than the developer and/or the developer's agent;
(2) Any disposition pursuant to court order;
(3) A disposition by a government or governmental agency;
(4) A disposition by foreclosure or deed in lieu of foreclosure;
(5) A disposition of a time-share interval in a time-share project situated wholly outside this state; provided, that all solicitations, negotiations, and contacts took place wholly outside this state and the contract was executed wholly outside this state;
(6) A gratuitous transfer of a time-share interval; or
(7) Group reservations made for fifteen (15) or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations, where deposits are made and held for more than three (3) years in advance.
Acts 1981, ch. 372, § 27; T.C.A., § 64-3227.
Tenn. Code Ann. § 66-27-116 — TN Code / Title 66 / Chapter 27 / Section 66-27-116
Prorated expenses and taxes - Lien
Status: in_force

The sale or conveyance of an apartment shall in all cases be subject to all unpaid assessments against the owner thereof for such owner's pro rata share in the expenses to which § 66-27-114 refers and, if the same are not paid by the owner thereof prior to sale or conveyance, shall be a lien against the apartment and shall be paid by the new owner of the apartment. Likewise shall taxes and other levies and assessments by governmental taxing bodies be a lien against individual apartments. Acts 1963, ch. 124, § 16; T.C.A., § 64-2716.
The sale or conveyance of an apartment shall in all cases be subject to all unpaid assessments against the owner thereof for such owner's pro rata share in the expenses to which § 66-27-114 refers and, if the same are not paid by the owner thereof prior to sale or conveyance, shall be a lien against the apartment and shall be paid by the new owner of the apartment. Likewise shall taxes and other levies and assessments by governmental taxing bodies be a lien against individual apartments.
Acts 1963, ch. 124, § 16; T.C.A., § 64-2716.
Tenn. Code Ann. § 66-29-180 — TN Code / Title 66 / Chapter 29 / Section 66-29-180
Inclusion of confidential information in notice not required
Status: in_force

A holder is not required under this part to include confidential information in a notice the holder is required to provide to an apparent owner under this part. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
A holder is not required under this part to include confidential information in a notice the holder is required to provide to an apparent owner under this part.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-29-168 — TN Code / Title 66 / Chapter 29 / Section 66-29-168
Judicial review of determination
Status: in_force

A putative holder may seek relief from a determination under § 66-29-166 by seeking judicial review of the determination under § 66-29-169 . Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
A putative holder may seek relief from a determination under § 66-29-166 by seeking judicial review of the determination under § 66-29-169 .
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-32-138 — TN Code / Title 66 / Chapter 32 / Section 66-32-138
Delivery of required renewal documentation and fees
Status: in_force

Notwithstanding any other law to the contrary, all documentation and fees which are a prerequisite to the renewal of a license or registration shall be delivered to the commission no later than sixty (60) days prior to the expiration date of the license or registration. Acts 2000, ch. 861, § 1.
Notwithstanding any other law to the contrary, all documentation and fees which are a prerequisite to the renewal of a license or registration shall be delivered to the commission no later than sixty (60) days prior to the expiration date of the license or registration.
Acts 2000, ch. 861, § 1.
Tenn. Code Ann. § 66-29-139 — TN Code / Title 66 / Chapter 29 / Section 66-29-139
Disposition of property having no substantial value
Status: in_force

If the treasurer takes custody of property delivered under this part and later determines that the property has no substantial commercial value or that the cost of disposing of the property will exceed the value of the property, the treasurer may return the property to the holder or destroy or otherwise dispose of the property. No action or proceeding may be brought or maintained against the state or any officer thereof for or on account of any action taken by the treasurer pursuant to this part with respect to such property. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
If the treasurer takes custody of property delivered under this part and later determines that the property has no substantial commercial value or that the cost of disposing of the property will exceed the value of the property, the treasurer may return the property to the holder or destroy or otherwise dispose of the property. No action or proceeding may be brought or maintained against the state or any officer thereof for or on account of any action taken by the treasurer pursuant to this part with respect to such property.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-7-104 — TN Code / Title 66 / Chapter 7 / Section 66-7-104
Physically disabled persons' access to housing accommodations
Status: in_force

(a) Totally or partially blind persons and other physically disabled persons shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease or compensation in this state, subject to the conditions and limitations established by law and applicable to all persons. (b) "Housing accommodations" means any real property or portion thereof which is used to occupy or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one (1) or more human beings, but does not include any single family residence, the occupants of which rent, lease or furnish for compensation not more than one (1) room in the residence. (c) (1) Nothing in this section shall require any person renting, leasing, or providing for compensation any real property to modify such property in any way or manner or to provide a higher degree of care for a totally blind or partially blind person or other physically disabled person than for a person who is not blind or disabled. (2) (A) Notwithstanding subdivision (c)(1), any person renting, leasing, or providing for compensation any real property that is three (3) or more stories tall shall give priority in access to housing units on floors one (1) and two (2) of such property to physically disabled persons whose disability would prevent such persons from having reasonable access to units located on higher floors; provided, that the person shall not be required to seek out physically disabled occupants or forego occupancy of the unit for any period of time if a physically disabled occupant is not available. Nothing in this subdivision (c)(2) shall prevent the lessor from using or applying other factors in determining whether or not to rent to a disabled person. (B) A violation of subdivision (c)(2)(A) is a Class C misdemeanor punishable only by a fine not to exceed fifty dollars ($50.00). (d) Every totally blind or partially blind person who has a guide dog, or who obtains a guide dog, shall be entitled to full and equal access to all housing accommodations included within subsection (a) or any accommodations provided for in §§ 71-4-201 , 71-4-202 and this section, and such person shall not be required to pay extra compensation for such guide dog, but shall be liable for any damages done to the premises by such animal. Acts 1972, ch. 480, § 3; T.C.A., § 64-705; Acts 2005, ch. 215, § 1.
(a) Totally or partially blind persons and other physically disabled persons shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease or compensation in this state, subject to the conditions and limitations established by law and applicable to all persons.
(b) "Housing accommodations" means any real property or portion thereof which is used to occupy or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one (1) or more human beings, but does not include any single family residence, the occupants of which rent, lease or furnish for compensation not more than one (1) room in the residence.
(c) (1) Nothing in this section shall require any person renting, leasing, or providing for compensation any real property to modify such property in any way or manner or to provide a higher degree of care for a totally blind or partially blind person or other physically disabled person than for a person who is not blind or disabled. (2) (A) Notwithstanding subdivision (c)(1), any person renting, leasing, or providing for compensation any real property that is three (3) or more stories tall shall give priority in access to housing units on floors one (1) and two (2) of such property to physically disabled persons whose disability would prevent such persons from having reasonable access to units located on higher floors; provided, that the person shall not be required to seek out physically disabled occupants or forego occupancy of the unit for any period of time if a physically disabled occupant is not available. Nothing in this subdivision (c)(2) shall prevent the lessor from using or applying other factors in determining whether or not to rent to a disabled person. (B) A violation of subdivision (c)(2)(A) is a Class C misdemeanor punishable only by a fine not to exceed fifty dollars ($50.00).
(1) Nothing in this section shall require any person renting, leasing, or providing for compensation any real property to modify such property in any way or manner or to provide a higher degree of care for a totally blind or partially blind person or other physically disabled person than for a person who is not blind or disabled.
(2) (A) Notwithstanding subdivision (c)(1), any person renting, leasing, or providing for compensation any real property that is three (3) or more stories tall shall give priority in access to housing units on floors one (1) and two (2) of such property to physically disabled persons whose disability would prevent such persons from having reasonable access to units located on higher floors; provided, that the person shall not be required to seek out physically disabled occupants or forego occupancy of the unit for any period of time if a physically disabled occupant is not available. Nothing in this subdivision (c)(2) shall prevent the lessor from using or applying other factors in determining whether or not to rent to a disabled person. (B) A violation of subdivision (c)(2)(A) is a Class C misdemeanor punishable only by a fine not to exceed fifty dollars ($50.00).
(A) Notwithstanding subdivision (c)(1), any person renting, leasing, or providing for compensation any real property that is three (3) or more stories tall shall give priority in access to housing units on floors one (1) and two (2) of such property to physically disabled persons whose disability would prevent such persons from having reasonable access to units located on higher floors; provided, that the person shall not be required to seek out physically disabled occupants or forego occupancy of the unit for any period of time if a physically disabled occupant is not available. Nothing in this subdivision (c)(2) shall prevent the lessor from using or applying other factors in determining whether or not to rent to a disabled person.
(B) A violation of subdivision (c)(2)(A) is a Class C misdemeanor punishable only by a fine not to exceed fifty dollars ($50.00).
(d) Every totally blind or partially blind person who has a guide dog, or who obtains a guide dog, shall be entitled to full and equal access to all housing accommodations included within subsection (a) or any accommodations provided for in §§ 71-4-201 , 71-4-202 and this section, and such person shall not be required to pay extra compensation for such guide dog, but shall be liable for any damages done to the premises by such animal.
Acts 1972, ch. 480, § 3; T.C.A., § 64-705; Acts 2005, ch. 215, § 1.
Tenn. Code Ann. § 66-11-128 — TN Code / Title 66 / Chapter 11 / Section 66-11-128
Enforcement against persons adjudicated incompetent
Status: in_force

(a) If the labor, improvements, materials, services, equipment, or machinery are furnished for work done on the lands of any infant, person adjudicated incompetent, or cestui que trust, and in excusable ignorance on the part of the prime contractors or remote contractors, of the person's lack of legal capacity, the prime contractors or remote contractors shall have the right, after serving ten (10) days' notice on any guardian, conservator or trustee of the person, within which period satisfaction may be made, to take and remove the parts of the property on which their labor was performed, or their materials, services, equipment, or machinery or other property was used, the removal to be only of enough to satisfy their true claim and to be without substantial injury to the property of the person as it stood prior to improvement. (b) As an alternative to the remedy under subsection (a), the court, in the enforcement of a lien provided by this chapter, may order the improvement to be separately sold and the purchaser may remove the improvement within such reasonable time as the court may fix. The purchase price for the improvement shall be paid into court. The owner of the land upon which the improvement was made may demand that the land be restored to substantially its condition before the improvement was commenced, in which case the court shall order its restoration, and the reasonable charge for the restoration shall be first paid out of the purchase price and the balance shall be paid to lienors and other encumbrancers in accordance with their respective rights. Acts 1889, ch. 103, § 2; Shan., § 3533; mod. Code 1932, § 7920; T.C.A. (orig. ed.), § 64-1128; Acts 2007, ch. 189, § 27; 2011, ch. 47, § 71.
(a) If the labor, improvements, materials, services, equipment, or machinery are furnished for work done on the lands of any infant, person adjudicated incompetent, or cestui que trust, and in excusable ignorance on the part of the prime contractors or remote contractors, of the person's lack of legal capacity, the prime contractors or remote contractors shall have the right, after serving ten (10) days' notice on any guardian, conservator or trustee of the person, within which period satisfaction may be made, to take and remove the parts of the property on which their labor was performed, or their materials, services, equipment, or machinery or other property was used, the removal to be only of enough to satisfy their true claim and to be without substantial injury to the property of the person as it stood prior to improvement.
(b) As an alternative to the remedy under subsection (a), the court, in the enforcement of a lien provided by this chapter, may order the improvement to be separately sold and the purchaser may remove the improvement within such reasonable time as the court may fix. The purchase price for the improvement shall be paid into court. The owner of the land upon which the improvement was made may demand that the land be restored to substantially its condition before the improvement was commenced, in which case the court shall order its restoration, and the reasonable charge for the restoration shall be first paid out of the purchase price and the balance shall be paid to lienors and other encumbrancers in accordance with their respective rights.
Acts 1889, ch. 103, § 2; Shan., § 3533; mod. Code 1932, § 7920; T.C.A. (orig. ed.), § 64-1128; Acts 2007, ch. 189, § 27; 2011, ch. 47, § 71.
Tenn. Code Ann. § 66-24-204 — TN Code / Title 66 / Chapter 24 / Section 66-24-204
Authority of county register
Status: in_force

(a) A county register: (1) Who implements any of the functions listed in this section shall do so in compliance with standards established by the information systems council established under § 4-3-5501 ; (2) May receive, index, store, archive, and transmit electronic documents; (3) May provide for access to, and for search and retrieval of, documents and information by electronic means; (4) Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index; (5) May convert paper documents accepted for recording into electronic form; (6) May convert into electronic form information recorded before the county register began to record electronic documents; (7) May accept electronically any fee or tax that the county register is authorized to collect; (8) May agree with other officials of a state or a political subdivision of a state, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes; and (9) May refuse to record any document transmitted electronically to the county register for recording under this part on and after July 1, 2007, that does not comply with § 66-24-101 . (b) Any electronic documents or digitized images accepted by the county register prior to July 1, 2007, are deemed to be recorded properly and to impart constructive notice. Acts 2007, ch. 420, § 2.
(a) A county register: (1) Who implements any of the functions listed in this section shall do so in compliance with standards established by the information systems council established under § 4-3-5501 ; (2) May receive, index, store, archive, and transmit electronic documents; (3) May provide for access to, and for search and retrieval of, documents and information by electronic means; (4) Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index; (5) May convert paper documents accepted for recording into electronic form; (6) May convert into electronic form information recorded before the county register began to record electronic documents; (7) May accept electronically any fee or tax that the county register is authorized to collect; (8) May agree with other officials of a state or a political subdivision of a state, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes; and (9) May refuse to record any document transmitted electronically to the county register for recording under this part on and after July 1, 2007, that does not comply with § 66-24-101 .
(1) Who implements any of the functions listed in this section shall do so in compliance with standards established by the information systems council established under § 4-3-5501 ;
(2) May receive, index, store, archive, and transmit electronic documents;
(3) May provide for access to, and for search and retrieval of, documents and information by electronic means;
(4) Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index;
(5) May convert paper documents accepted for recording into electronic form;
(6) May convert into electronic form information recorded before the county register began to record electronic documents;
(7) May accept electronically any fee or tax that the county register is authorized to collect;
(8) May agree with other officials of a state or a political subdivision of a state, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes; and
(9) May refuse to record any document transmitted electronically to the county register for recording under this part on and after July 1, 2007, that does not comply with § 66-24-101 .
(b) Any electronic documents or digitized images accepted by the county register prior to July 1, 2007, are deemed to be recorded properly and to impart constructive notice.
Acts 2007, ch. 420, § 2.
Tenn. Code Ann. § 66-28-507 — TN Code / Title 66 / Chapter 28 / Section 66-28-507
Absence, nonuse or abandonment by tenant
Status: in_force

(a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven (7) days as required in § 66-28-404 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant. (b) During any absence of the tenant in excess of seven (7) days, the landlord may enter the dwelling unit at times reasonably necessary. (c) If the tenant abandons the dwelling unit, the landlord shall use reasonable efforts to rerent the dwelling unit at a fair rental. If the landlord rents the dwelling unit for a term beginning prior to the expiration of the rental agreement, the rental agreement is terminated as of the date of the new tenancy. If the tenancy is from month-to-month, or week-to-week, the term of the rental agreement for this purpose shall be deemed to be a month or a week, as the case may be. Acts 1975, ch. 245, § 4.203; T.C.A., § 64-2847.
(a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven (7) days as required in § 66-28-404 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.
(b) During any absence of the tenant in excess of seven (7) days, the landlord may enter the dwelling unit at times reasonably necessary.
(c) If the tenant abandons the dwelling unit, the landlord shall use reasonable efforts to rerent the dwelling unit at a fair rental. If the landlord rents the dwelling unit for a term beginning prior to the expiration of the rental agreement, the rental agreement is terminated as of the date of the new tenancy. If the tenancy is from month-to-month, or week-to-week, the term of the rental agreement for this purpose shall be deemed to be a month or a week, as the case may be.
Acts 1975, ch. 245, § 4.203; T.C.A., § 64-2847.
Tenn. Code Ann. § 66-32-304 — TN Code / Title 66 / Chapter 32 / Section 66-32-304
Cancellation of contracts
Status: in_force

(a) Any membership camping contract may be cancelled at the option of the purchaser by personally delivering or sending written notice of the cancellation to the membership camping operator at the address shown in the contract. The notice must be posted not later than twelve o'clock midnight (12:00) of the fifteenth calendar day following the day on which the membership camping contract was signed, if the purchaser did not make an on-site inspection of the campground, or the tenth calendar day following the day on which the membership camping contract was signed, if the purchaser did make an on-site inspection of the campground. (b) The purchaser's cancellation right shall be set forth in bold type in the membership camping contract in close proximity to the purchaser's signature line. (c) Within thirty (30) days after the membership camping operator receives a notice of cancellation, and provided that the purchaser's check, if any, has been cleared by the purchaser's bank, the membership camping operator shall refund to the purchaser any deposit, down payment or other payment therefor. Acts 1985, ch. 303, § 4; T.C.A., § 47-18-404 .
(a) Any membership camping contract may be cancelled at the option of the purchaser by personally delivering or sending written notice of the cancellation to the membership camping operator at the address shown in the contract. The notice must be posted not later than twelve o'clock midnight (12:00) of the fifteenth calendar day following the day on which the membership camping contract was signed, if the purchaser did not make an on-site inspection of the campground, or the tenth calendar day following the day on which the membership camping contract was signed, if the purchaser did make an on-site inspection of the campground.
(b) The purchaser's cancellation right shall be set forth in bold type in the membership camping contract in close proximity to the purchaser's signature line.
(c) Within thirty (30) days after the membership camping operator receives a notice of cancellation, and provided that the purchaser's check, if any, has been cleared by the purchaser's bank, the membership camping operator shall refund to the purchaser any deposit, down payment or other payment therefor.
Acts 1985, ch. 303, § 4; T.C.A., § 47-18-404 .
Tenn. Code Ann. § 66-22-103 — TN Code / Title 66 / Chapter 22 / Section 66-22-103
Acknowledgment in other states or territories
Status: in_force

If the person executing the instrument resides or is beyond or without the limits of the state, but within the union or its territories or districts, the acknowledgment may be made: (1) Before any court of record, or before the clerk of any court of record; or, before a commissioner for Tennessee, appointed by the governor; or before a notary public authorized there to take proof or acknowledgments. If the acknowledgment is made before a court of record, a copy of the entry of the acknowledgment on the record shall be certified by the clerk, under the clerk's seal of office; and the judge, chief justice, or presiding magistrate of the court shall certify as to the official character of the clerk; or (2) Before any other officer of such state, territory or district, authorized by the laws there to take the proof and acknowledgment of deed. There shall in cases under this subdivision (2) be subjoined or attached to the certificate of proof or acknowledgment, signed by such other officer, a certificate of the secretary of state of the state or territory in which such officer resides, under the seal of such state, territory, or a certificate of the clerk of a court of record of such state, territory, or district, in the county in which the officer resides or in which the officer took such proof or acknowledgment under the seal of such court, stating that such officer was, at the time of taking such proof or acknowledgment duly authorized to take acknowledgments and proof of deeds of lands in the state, territory, or district, and that the secretary of state or clerk of court is well acquainted with the handwriting of such officer, and that the officer verily believes that the signature affixed to such certificate of proof or acknowledgment is genuine. Code 1858, § 2040 (deriv. Acts 1807, ch. 85, § 3); 1831, ch. 90, § 9; 1839-1840, ch. 26, §§ 2, 3, 5; 1855-1856, ch. 115, § 1; Shan., § 3715; Acts 1919, ch. 48, §§ 3, 4; Shan. Supp., §§ 3747a4, 3747a5; mod. Code 1932, § 7632; T.C.A. (orig. ed.), § 64-2203.
If the person executing the instrument resides or is beyond or without the limits of the state, but within the union or its territories or districts, the acknowledgment may be made:
(1) Before any court of record, or before the clerk of any court of record; or, before a commissioner for Tennessee, appointed by the governor; or before a notary public authorized there to take proof or acknowledgments. If the acknowledgment is made before a court of record, a copy of the entry of the acknowledgment on the record shall be certified by the clerk, under the clerk's seal of office; and the judge, chief justice, or presiding magistrate of the court shall certify as to the official character of the clerk; or
(2) Before any other officer of such state, territory or district, authorized by the laws there to take the proof and acknowledgment of deed. There shall in cases under this subdivision (2) be subjoined or attached to the certificate of proof or acknowledgment, signed by such other officer, a certificate of the secretary of state of the state or territory in which such officer resides, under the seal of such state, territory, or a certificate of the clerk of a court of record of such state, territory, or district, in the county in which the officer resides or in which the officer took such proof or acknowledgment under the seal of such court, stating that such officer was, at the time of taking such proof or acknowledgment duly authorized to take acknowledgments and proof of deeds of lands in the state, territory, or district, and that the secretary of state or clerk of court is well acquainted with the handwriting of such officer, and that the officer verily believes that the signature affixed to such certificate of proof or acknowledgment is genuine.
Code 1858, § 2040 (deriv. Acts 1807, ch. 85, § 3); 1831, ch. 90, § 9; 1839-1840, ch. 26, §§ 2, 3, 5; 1855-1856, ch. 115, § 1; Shan., § 3715; Acts 1919, ch. 48, §§ 3, 4; Shan. Supp., §§ 3747a4, 3747a5; mod. Code 1932, § 7632; T.C.A. (orig. ed.), § 64-2203.
Tenn. Code Ann. § 66-19-208 — TN Code / Title 66 / Chapter 19 / Section 66-19-208
Sale of boat
Status: in_force

If no bond has been given, the court shall, at the appearance term, order the boat, or such part of the furniture and tackle as may be sufficient, to be sold for the satisfaction of the judgment; and the sheriff shall accordingly sell the same, first advertising the time and place of sale at least ten (10) days prior to the sale. Code 1858, § 3560 (deriv. Acts 1833, ch. 35, § 6); Shan., § 5323; Code 1932, § 7969; T.C.A. (orig. ed.), § 64-1911.
If no bond has been given, the court shall, at the appearance term, order the boat, or such part of the furniture and tackle as may be sufficient, to be sold for the satisfaction of the judgment; and the sheriff shall accordingly sell the same, first advertising the time and place of sale at least ten (10) days prior to the sale.
Code 1858, § 3560 (deriv. Acts 1833, ch. 35, § 6); Shan., § 5323; Code 1932, § 7969; T.C.A. (orig. ed.), § 64-1911.
Tenn. Code Ann. § 66-22-108 — TN Code / Title 66 / Chapter 22 / Section 66-22-108
Acknowledgment for record of corporate or partnership instrument
Status: in_force

(a) The authentication or acknowledgment for record of a deed or other instrument in writing executed by a corporation, whether it has a seal or not, shall be good and sufficient, when made in substantially the following form: State of Tennessee ) County of ______________ ) Before me, ______________ of the state and county mentioned, personally appeared ______________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged such person to be president (or other officer authorized to execute the instrument) of ______________, the within named bargainor, a corporation, and that such president or officer as such ______________, executed the foregoing instrument for the purpose therein contained, by personally signing the name of the corporation as ____________________. Witness my hand and seal, at office in ______________, this ____________________ day of ______________. Or, alternatively as follows: State of Tennessee ) County of ______________ ) On this ____________________ day of ____________________, 20____________________, before me appear A. B. , to me personally known (or proved to me on the basis of satisfactory evidence), who, being by me duly sworn (or affirmed) did say that such person is the president (or other officer or agent of the corporation or association) of (describing the corporation or association), and that the seal affixed to the instrument is the corporate seal of the corporation (or association), and that the instrument was signed and sealed in behalf of the corporation (or association), by authority of its Board of Directors (or Trustees) and A. B. acknowledged the instrument to be the free act and deed of the corporation (or association). (In case the corporation or association has no corporate seal, omit the words "the seal affixed to the instrument is the corporate seal of the corporation or association and that," and add at the end of the affidavit clause, the words "and that the corporation (or association) has no corporate seal"). (In all cases add signature and title of officer taking the acknowledgment.) (b) (1) The authentication or acknowledgment for record of a deed or other instrument in writing executed by a partnership shall be good and sufficient when made in substantially the following form: State of Tennessee ) County of ______________ ) Before me, ______________, of the state and county aforementioned, personally appeared ______________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged such person to be a partner of ______________, the within named bargainor, a partnership, and that such person, as such partner, executed the foregoing instrument for the purpose therein contained, by signing the name of the partnership by such person as partner. Witness my hand and seal, this ______________ day of ______________, ______________. (2) The signing of a certificate of acknowledgment for a partnership will not change any requirement of the partnership agreement itself. Acts 1899, ch. 187, § 1; Shan., § 3747a1; Acts 1919, ch. 48, § 1; Shan. Supp., § 3747a2; Code 1932, § 7663; T.C.A. (orig. ed.), § 64-2208; Acts 1982, ch. 800, §§ 1, 2; 1983, ch. 158, §§ 4-8.
(a) The authentication or acknowledgment for record of a deed or other instrument in writing executed by a corporation, whether it has a seal or not, shall be good and sufficient, when made in substantially the following form: State of Tennessee ) County of ______________ ) Before me, ______________ of the state and county mentioned, personally appeared ______________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged such person to be president (or other officer authorized to execute the instrument) of ______________, the within named bargainor, a corporation, and that such president or officer as such ______________, executed the foregoing instrument for the purpose therein contained, by personally signing the name of the corporation as ____________________. Witness my hand and seal, at office in ______________, this ____________________ day of ______________. Or, alternatively as follows: State of Tennessee ) County of ______________ ) On this ____________________ day of ____________________, 20____________________, before me appear A. B. , to me personally known (or proved to me on the basis of satisfactory evidence), who, being by me duly sworn (or affirmed) did say that such person is the president (or other officer or agent of the corporation or association) of (describing the corporation or association), and that the seal affixed to the instrument is the corporate seal of the corporation (or association), and that the instrument was signed and sealed in behalf of the corporation (or association), by authority of its Board of Directors (or Trustees) and A. B. acknowledged the instrument to be the free act and deed of the corporation (or association). (In case the corporation or association has no corporate seal, omit the words "the seal affixed to the instrument is the corporate seal of the corporation or association and that," and add at the end of the affidavit clause, the words "and that the corporation (or association) has no corporate seal"). (In all cases add signature and title of officer taking the acknowledgment.)
State of Tennessee )
County of ______________ )
Before me, ______________ of the state and county mentioned, personally appeared ______________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged such person to be president (or other officer authorized to execute the instrument) of ______________, the within named bargainor, a corporation, and that such president or officer as such ______________, executed the foregoing instrument for the purpose therein contained, by personally signing the name of the corporation as ____________________.
Witness my hand and seal, at office in ______________, this ____________________ day of ______________.
Or, alternatively as follows:
State of Tennessee )
County of ______________ )
On this ____________________ day of ____________________, 20____________________, before me appear A. B. , to me personally known (or proved to me on the basis of satisfactory evidence), who, being by me duly sworn (or affirmed) did say that such person is the president (or other officer or agent of the corporation or association) of (describing the corporation or association), and that the seal affixed to the instrument is the corporate seal of the corporation (or association), and that the instrument was signed and sealed in behalf of the corporation (or association), by authority of its Board of Directors (or Trustees) and A. B. acknowledged the instrument to be the free act and deed of the corporation (or association).
(In case the corporation or association has no corporate seal, omit the words "the seal affixed to the instrument is the corporate seal of the corporation or association and that," and add at the end of the affidavit clause, the words "and that the corporation (or association) has no corporate seal"). (In all cases add signature and title of officer taking the acknowledgment.)
(b) (1) The authentication or acknowledgment for record of a deed or other instrument in writing executed by a partnership shall be good and sufficient when made in substantially the following form: State of Tennessee ) County of ______________ ) Before me, ______________, of the state and county aforementioned, personally appeared ______________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged such person to be a partner of ______________, the within named bargainor, a partnership, and that such person, as such partner, executed the foregoing instrument for the purpose therein contained, by signing the name of the partnership by such person as partner. Witness my hand and seal, this ______________ day of ______________, ______________. (2) The signing of a certificate of acknowledgment for a partnership will not change any requirement of the partnership agreement itself.
(1) The authentication or acknowledgment for record of a deed or other instrument in writing executed by a partnership shall be good and sufficient when made in substantially the following form: State of Tennessee ) County of ______________ ) Before me, ______________, of the state and county aforementioned, personally appeared ______________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged such person to be a partner of ______________, the within named bargainor, a partnership, and that such person, as such partner, executed the foregoing instrument for the purpose therein contained, by signing the name of the partnership by such person as partner. Witness my hand and seal, this ______________ day of ______________, ______________.
State of Tennessee )
County of ______________ )
Before me, ______________, of the state and county aforementioned, personally appeared ______________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged such person to be a partner of ______________, the within named bargainor, a partnership, and that such person, as such partner, executed the foregoing instrument for the purpose therein contained, by signing the name of the partnership by such person as partner.
Witness my hand and seal, this ______________ day of ______________, ______________.
(2) The signing of a certificate of acknowledgment for a partnership will not change any requirement of the partnership agreement itself.
Acts 1899, ch. 187, § 1; Shan., § 3747a1; Acts 1919, ch. 48, § 1; Shan. Supp., § 3747a2; Code 1932, § 7663; T.C.A. (orig. ed.), § 64-2208; Acts 1982, ch. 800, §§ 1, 2; 1983, ch. 158, §§ 4-8.
Tenn. Code Ann. § 66-11-201 — TN Code / Title 66 / Chapter 11 / Section 66-11-201
Short title
Status: in_force

This part shall be known and may be cited as the "Truth in Construction and Consumer Protection Act of 1975." Acts 1975, ch. 364, § 1; T.C.A., § 64-1152.
This part shall be known and may be cited as the "Truth in Construction and Consumer Protection Act of 1975."
Acts 1975, ch. 364, § 1; T.C.A., § 64-1152.
Tenn. Code Ann. § 66-27-321 — TN Code / Title 66 / Chapter 27 / Section 66-27-321
Master associations
Status: in_force

(a) If the declaration for a condominium provides that any of the powers described in § 66-27-402 are to be exercised by or may be delegated to a profit or nonprofit corporation, or unincorporated association, that exercises those or other powers on behalf of one (1) or more condominiums or for the benefit of the unit owners of one (1) or more condominiums, all provisions of part 1, this part and parts 4 and 5 of this chapter applicable to unit owners' associations apply to any such corporation, or unincorporated association, except as modified by this section. (b) Unless a master association is acting in the capacity of an association described in § 66-27-401 , it may exercise the powers set forth in § 66-27-402(a)(2) only to the extent expressly permitted in the declarations of condominiums that are part of the master association or expressly described in the delegations of power from those condominiums to the master association. (c) If the declaration of any condominium provides that the board of directors may delegate certain powers to a master association, the members of the board of directors have no liability for the acts or omissions of the master association with respect to those powers following delegation. (d) The rights and responsibilities of unit owners with respect to the unit owners' association set forth in §§ 66-27-403 , 66-27-408 - 66-27-410 and 66-27-412 apply in the conduct of the affairs of a master association only to those persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of part 1, this part, and parts 4 and 5 of this chapter. (e) Notwithstanding § 66-27-403(f) with respect to the election of the board of directors of an association, by all unit owners after the period of declarant control ends, and even if a master association is also an association described in § 66-27-401 , the certificate of incorporation or other instrument creating the master association and the declaration of each condominium, the powers of which are assigned by the declaration or delegated to the master association, may provide that the board of directors of the master association must be elected after the period of declarant control in any of the following ways: (1) All unit owners of all condominiums subject to the master association may elect all members of that board of directors; (2) All members of the board of directors of all condominiums subject to the master association may elect all members of that board of directors; (3) All unit owners of each condominium subject to the master association may elect specified members of that board of directors; or (4) All members of the board of directors of each condominium subject to the master association may elect specified members of that board of directors. Acts 2008, ch. 766, § 1.
(a) If the declaration for a condominium provides that any of the powers described in § 66-27-402 are to be exercised by or may be delegated to a profit or nonprofit corporation, or unincorporated association, that exercises those or other powers on behalf of one (1) or more condominiums or for the benefit of the unit owners of one (1) or more condominiums, all provisions of part 1, this part and parts 4 and 5 of this chapter applicable to unit owners' associations apply to any such corporation, or unincorporated association, except as modified by this section.
(b) Unless a master association is acting in the capacity of an association described in § 66-27-401 , it may exercise the powers set forth in § 66-27-402(a)(2) only to the extent expressly permitted in the declarations of condominiums that are part of the master association or expressly described in the delegations of power from those condominiums to the master association.
(c) If the declaration of any condominium provides that the board of directors may delegate certain powers to a master association, the members of the board of directors have no liability for the acts or omissions of the master association with respect to those powers following delegation.
(d) The rights and responsibilities of unit owners with respect to the unit owners' association set forth in §§ 66-27-403 , 66-27-408 - 66-27-410 and 66-27-412 apply in the conduct of the affairs of a master association only to those persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of part 1, this part, and parts 4 and 5 of this chapter.
(e) Notwithstanding § 66-27-403(f) with respect to the election of the board of directors of an association, by all unit owners after the period of declarant control ends, and even if a master association is also an association described in § 66-27-401 , the certificate of incorporation or other instrument creating the master association and the declaration of each condominium, the powers of which are assigned by the declaration or delegated to the master association, may provide that the board of directors of the master association must be elected after the period of declarant control in any of the following ways: (1) All unit owners of all condominiums subject to the master association may elect all members of that board of directors; (2) All members of the board of directors of all condominiums subject to the master association may elect all members of that board of directors; (3) All unit owners of each condominium subject to the master association may elect specified members of that board of directors; or (4) All members of the board of directors of each condominium subject to the master association may elect specified members of that board of directors.
(1) All unit owners of all condominiums subject to the master association may elect all members of that board of directors;
(2) All members of the board of directors of all condominiums subject to the master association may elect all members of that board of directors;
(3) All unit owners of each condominium subject to the master association may elect specified members of that board of directors; or
(4) All members of the board of directors of each condominium subject to the master association may elect specified members of that board of directors.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-5-205 — TN Code / Title 66 / Chapter 5 / Section 66-5-205
Liability for changed circumstances
Status: in_force

If information disclosed in accordance with this part is subsequently rendered or discovered to be inaccurate as a result of any act, occurrence, information received, circumstance or agreement subsequent to the delivery of the required disclosures, the inaccuracy resulting therefrom does not constitute a violation of this part; provided, however, that at or before closing, the owner shall be required to disclose any material change in the physical condition of the property or certify to the purchaser at closing that the condition of the property is substantially the same as it was when the disclosure form was provided. If, at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the owner, the owner may state that the information is unknown or may use an approximation of the information; provided, that the approximation is clearly identified as such, is reasonable, is based on the actual knowledge of the owner and is not used for the purpose of circumventing or evading this part. Acts 1994, ch. 828, § 5.
If information disclosed in accordance with this part is subsequently rendered or discovered to be inaccurate as a result of any act, occurrence, information received, circumstance or agreement subsequent to the delivery of the required disclosures, the inaccuracy resulting therefrom does not constitute a violation of this part; provided, however, that at or before closing, the owner shall be required to disclose any material change in the physical condition of the property or certify to the purchaser at closing that the condition of the property is substantially the same as it was when the disclosure form was provided. If, at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the owner, the owner may state that the information is unknown or may use an approximation of the information; provided, that the approximation is clearly identified as such, is reasonable, is based on the actual knowledge of the owner and is not used for the purpose of circumventing or evading this part.
Acts 1994, ch. 828, § 5.
Tenn. Code Ann. § 66-11-150 — TN Code / Title 66 / Chapter 11 / Section 66-11-150
Prohibited liens
Status: in_force

Notwithstanding any law in this chapter or any other law to the contrary, no lien, otherwise authorized pursuant to this chapter, shall be available on residential real property, as that term is defined by § 66-11-146(b)(1) , to any person, firm or corporation that performs residential construction, including home improvement as defined by § 62-6-501(4) , if: (1) The person, firm or corporation is not licensed pursuant to title 62, chapter 6; and (2) The jurisdiction in which the work is performed requires such person, firm or corporation to be licensed in accordance with such chapter. Acts 2010 , ch. 749, § 1.
Notwithstanding any law in this chapter or any other law to the contrary, no lien, otherwise authorized pursuant to this chapter, shall be available on residential real property, as that term is defined by § 66-11-146(b)(1) , to any person, firm or corporation that performs residential construction, including home improvement as defined by § 62-6-501(4) , if:
(1) The person, firm or corporation is not licensed pursuant to title 62, chapter 6; and
(2) The jurisdiction in which the work is performed requires such person, firm or corporation to be licensed in accordance with such chapter.
Acts 2010 , ch. 749, § 1.
Tenn. Code Ann. § 66-10-103 — TN Code / Title 66 / Chapter 10 / Section 66-10-103
Successive sales to meet installments
Status: in_force

The suit shall be retained in court, and, as each of the payments becomes due, the court shall direct a sufficient quantity of the land to be sold to satisfy the same. Code 1858, § 3564 (deriv. Acts 1857-1858, ch. 50, § 1); Shan., §5327; Code 1932, § 8038; T.C.A. (orig. ed.), § 64-1004.
The suit shall be retained in court, and, as each of the payments becomes due, the court shall direct a sufficient quantity of the land to be sold to satisfy the same.
Code 1858, § 3564 (deriv. Acts 1857-1858, ch. 50, § 1); Shan., §5327; Code 1932, § 8038; T.C.A. (orig. ed.), § 64-1004.
Tenn. Code Ann. § 66-27-407 — TN Code / Title 66 / Chapter 27 / Section 66-27-407
Upkeep of condominium
Status: in_force

(a) Except to the extent provided by the declaration, subsection (b), or § 66-27-413(h) , the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of the unit owner's unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access to and through the unit owner's unit that is reasonably necessary for those purposes. If damage is inflicted on the common elements, or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the cost of the prompt repair thereof, to the extent the cost of repair is not covered by property insurance required to be maintained by the declaration. (b) In addition to the liability that a declarant as a unit owner has under part 2, part 3, this part and part 5 of this chapter, the declarant alone is liable for all expenses in connection with real estate subject to development rights, to the extent the expenses exceed the benefit derived by the association or the other unit owners from the benefit. No other unit owner and no other portion of the condominium is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant. Acts 2008, ch. 766, § 1.
(a) Except to the extent provided by the declaration, subsection (b), or § 66-27-413(h) , the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of the unit owner's unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access to and through the unit owner's unit that is reasonably necessary for those purposes. If damage is inflicted on the common elements, or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the cost of the prompt repair thereof, to the extent the cost of repair is not covered by property insurance required to be maintained by the declaration.
(b) In addition to the liability that a declarant as a unit owner has under part 2, part 3, this part and part 5 of this chapter, the declarant alone is liable for all expenses in connection with real estate subject to development rights, to the extent the expenses exceed the benefit derived by the association or the other unit owners from the benefit. No other unit owner and no other portion of the condominium is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-24-112 — TN Code / Title 66 / Chapter 24 / Section 66-24-112
Validity of registration unaffected by noncompliance
Status: in_force

Nothing in this chapter shall be construed to prohibit the registration of instruments otherwise required by law to be registered, in the absence of a previously registered instrument respecting the property or subject matter embraced in the instrument delivered for registration; provided, that a failure of the record to show a compliance with the requirements of this chapter shall in nowise affect the validity of the registration of any registered instrument. Acts 1915, ch. 25, § 3; Shan., § 3704a7; mod. Code 1932, § 8087; T.C.A. (orig. ed.), § 64-2412; Acts 1983, ch. 475, § 2.
Nothing in this chapter shall be construed to prohibit the registration of instruments otherwise required by law to be registered, in the absence of a previously registered instrument respecting the property or subject matter embraced in the instrument delivered for registration; provided, that a failure of the record to show a compliance with the requirements of this chapter shall in nowise affect the validity of the registration of any registered instrument.
Acts 1915, ch. 25, § 3; Shan., § 3704a7; mod. Code 1932, § 8087; T.C.A. (orig. ed.), § 64-2412; Acts 1983, ch. 475, § 2.
Tenn. Code Ann. § 66-25-107 — TN Code / Title 66 / Chapter 25 / Section 66-25-107
Release or modification of lien by holder of indebtedness
Status: in_force

Notwithstanding any other provision of this code, any mortgage, deed of trust, deed, or other instrument securing a debt, may be released or modified by the legal holder of the debt secured thereby without the necessity of execution of the release instrument, marginal release, or modification instrument or joinder therein by the trustee under a deed of trust or by other party holding legal title similar to that of the trustee under a deed of trust. Acts 1996, ch. 670, § 1; T.C.A., § 66-25-116 .
Notwithstanding any other provision of this code, any mortgage, deed of trust, deed, or other instrument securing a debt, may be released or modified by the legal holder of the debt secured thereby without the necessity of execution of the release instrument, marginal release, or modification instrument or joinder therein by the trustee under a deed of trust or by other party holding legal title similar to that of the trustee under a deed of trust.
Acts 1996, ch. 670, § 1; T.C.A., § 66-25-116 .
Tenn. Code Ann. § 66-27-315 — TN Code / Title 66 / Chapter 27 / Section 66-27-315
Use for sales purposes
Status: in_force

A declarant may maintain sales offices, management offices, and models in units owned by the declarant. The declarant may maintain sales offices on common elements in the condominium only if the declaration so provides and specifies the rights of a declarant with regard to the sales offices. Any sales office, management office, or model not designated a unit by the declaration is a common element, and if a declarant ceases to be a unit owner or holder of a development right to create additional units, the declarant ceases to have any rights with regard to the units or in any personal property owned by the declarant and used in connection with the units, unless it is removed from the condominium after notice from the association specifying a reasonable period for the removal. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the condominium. Any rights reserved to the declarant under this section may be exercised by an agent of the declarant. This section is subject to other state law and local ordinances. Acts 2008, ch. 766, § 1.
A declarant may maintain sales offices, management offices, and models in units owned by the declarant. The declarant may maintain sales offices on common elements in the condominium only if the declaration so provides and specifies the rights of a declarant with regard to the sales offices. Any sales office, management office, or model not designated a unit by the declaration is a common element, and if a declarant ceases to be a unit owner or holder of a development right to create additional units, the declarant ceases to have any rights with regard to the units or in any personal property owned by the declarant and used in connection with the units, unless it is removed from the condominium after notice from the association specifying a reasonable period for the removal. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the condominium. Any rights reserved to the declarant under this section may be exercised by an agent of the declarant. This section is subject to other state law and local ordinances.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-21-206 — TN Code / Title 66 / Chapter 21 / Section 66-21-206
Uniformity of construction
Status: in_force

This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Acts 1927, ch. 56, § 6; Code 1932, § 8034; T.C.A. (orig. ed.), § 64-2115.
This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Acts 1927, ch. 56, § 6; Code 1932, § 8034; T.C.A. (orig. ed.), § 64-2115.
Tenn. Code Ann. § 66-27-204 — TN Code / Title 66 / Chapter 27 / Section 66-27-204
Variation by agreement
Status: in_force

Except as expressly provided in this part and parts 3-5 of this chapter, this part and parts 3-5 of this chapter may not be varied by agreement, and rights conferred by this part and parts 3-5 of this chapter may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this part and parts 3-5 of this chapter or the declaration. Acts 2008, ch. 766, § 1.
Except as expressly provided in this part and parts 3-5 of this chapter, this part and parts 3-5 of this chapter may not be varied by agreement, and rights conferred by this part and parts 3-5 of this chapter may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this part and parts 3-5 of this chapter or the declaration.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-6-105 — TN Code / Title 66 / Chapter 6 / Section 66-6-105
Description of location of survey stations or land boundary corners - Reliance on system not required
Status: in_force

(a) For purposes of describing the location of any survey station or land boundary corner in this state, it is considered a complete, legal, and satisfactory description of such location to give the position of such survey station or land boundary corner on any system of plane coordinates defined in this chapter; provided, that any person choosing to use a system of plane coordinates to describe any such survey station or land boundary after December 31, 1992, shall use the Tennessee Coordinate System of 1983 and after December 31, 2022, shall use the Tennessee State Plane Coordinate System. (b) Nothing contained in this chapter requires a purchaser or mortgagee of real property to rely wholly on a property description, any part of which depends exclusively upon any Tennessee coordinate system. Amended by 2019 Tenn. Acts, ch. 213,s 4, eff. 4/23/2019. Acts 1991, ch. 42, § 6.
(a) For purposes of describing the location of any survey station or land boundary corner in this state, it is considered a complete, legal, and satisfactory description of such location to give the position of such survey station or land boundary corner on any system of plane coordinates defined in this chapter; provided, that any person choosing to use a system of plane coordinates to describe any such survey station or land boundary after December 31, 1992, shall use the Tennessee Coordinate System of 1983 and after December 31, 2022, shall use the Tennessee State Plane Coordinate System.
(b) Nothing contained in this chapter requires a purchaser or mortgagee of real property to rely wholly on a property description, any part of which depends exclusively upon any Tennessee coordinate system.
Amended by 2019 Tenn. Acts, ch. 213,s 4, eff. 4/23/2019.
Acts 1991, ch. 42, § 6.
Tenn. Code Ann. § 66-11-142 — TN Code / Title 66 / Chapter 11 / Section 66-11-142
Bond to indemnify against recorded lien - Recording bond - Recording of contractor's payment bond
Status: in_force

(a) If a lien, other than a lien granted in a written contract, is fixed or is attempted to be fixed by a recorded instrument under this chapter, any person may record a bond to indemnify against the lien. The bond shall be recorded with the register of deeds of the county in which the lien was recorded. The bond shall be for the amount of the lien claimed and with sufficient corporate surety authorized and admitted to do business in the state and licensed by the state to execute bonds as surety, and the bond shall be conditioned upon the obligor or obligors on the bond satisfying any judgment that may be rendered in favor of the person asserting the lien. The bond shall state the book and page or other reference and the office where the lien is of record. The recording by the register of a bond to indemnify against a lien shall operate as a discharge of the lien. After recording the bond, the register shall return the original bond to the person providing the bond. The register shall index the recording of the bond to indemnify against the lien in the same manner as a release of lien. The person asserting the lien may make the obligors on the bond parties to any proceeding in which the person files a complaint, petition, or civil warrant to enforce the claim, and any judgment recovered may be against all or any of the obligors on the bond. (b) (1) When a prime contractor or remote contractor has provided a valid payment bond for the benefit of potential lien claimants, a copy of that bond may be recorded, in lieu of the recording of another bond, to discharge a lien asserted by the lien claimants. A copy of the bond may be recorded with the register of deeds in lieu of the bond provided in subsection (a) to discharge such a lien. Upon recording with the register of deeds, the prime contractor, remote contractor, or owner shall notify the surety executing the bond, and the lien on the property shall be discharged. The person asserting the lien may make the obligors on the bond parties to any proceeding in which the person files a complaint, petition, or civil warrant to enforce the claim, and any judgment recovered may be against all or any of the obligors on the bond. (2) The bond recorded pursuant to this subsection (b) shall: (A) Be in a penal sum at least equal to the total of the original contract amount; (B) Be in favor of the owner; (C) Be executed by: (i) The original prime contractor or remote contractor as principal; and (ii) A sufficient corporate surety authorized and admitted to do business in this state and licensed by this state to execute bonds as surety; and (D) Provide for payment of the lien claimant, whether the lien claimant was employed or contracted with by the person who originally contracted with the owner of the premises or by a remote contractor. (c) The register of deeds may record any bond recorded under this section and return the original to the person providing the bond. Amended by 2020 Tenn. Acts, ch. 749, s 11, eff. 7/1/2020. Amended by 2015 Tenn. Acts, ch. 117, s 2, eff. 4/10/2015. Acts 1974, ch. 580, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 64-1144; Acts 1990, ch. 854, § 7; 1994, ch. 664, § 1; 1995, ch. 30, §§ 4-6; 2007 , ch. 189, § 41.
(a) If a lien, other than a lien granted in a written contract, is fixed or is attempted to be fixed by a recorded instrument under this chapter, any person may record a bond to indemnify against the lien. The bond shall be recorded with the register of deeds of the county in which the lien was recorded. The bond shall be for the amount of the lien claimed and with sufficient corporate surety authorized and admitted to do business in the state and licensed by the state to execute bonds as surety, and the bond shall be conditioned upon the obligor or obligors on the bond satisfying any judgment that may be rendered in favor of the person asserting the lien. The bond shall state the book and page or other reference and the office where the lien is of record. The recording by the register of a bond to indemnify against a lien shall operate as a discharge of the lien. After recording the bond, the register shall return the original bond to the person providing the bond. The register shall index the recording of the bond to indemnify against the lien in the same manner as a release of lien. The person asserting the lien may make the obligors on the bond parties to any proceeding in which the person files a complaint, petition, or civil warrant to enforce the claim, and any judgment recovered may be against all or any of the obligors on the bond.
(b) (1) When a prime contractor or remote contractor has provided a valid payment bond for the benefit of potential lien claimants, a copy of that bond may be recorded, in lieu of the recording of another bond, to discharge a lien asserted by the lien claimants. A copy of the bond may be recorded with the register of deeds in lieu of the bond provided in subsection (a) to discharge such a lien. Upon recording with the register of deeds, the prime contractor, remote contractor, or owner shall notify the surety executing the bond, and the lien on the property shall be discharged. The person asserting the lien may make the obligors on the bond parties to any proceeding in which the person files a complaint, petition, or civil warrant to enforce the claim, and any judgment recovered may be against all or any of the obligors on the bond. (2) The bond recorded pursuant to this subsection (b) shall: (A) Be in a penal sum at least equal to the total of the original contract amount; (B) Be in favor of the owner; (C) Be executed by: (i) The original prime contractor or remote contractor as principal; and (ii) A sufficient corporate surety authorized and admitted to do business in this state and licensed by this state to execute bonds as surety; and (D) Provide for payment of the lien claimant, whether the lien claimant was employed or contracted with by the person who originally contracted with the owner of the premises or by a remote contractor.
(1) When a prime contractor or remote contractor has provided a valid payment bond for the benefit of potential lien claimants, a copy of that bond may be recorded, in lieu of the recording of another bond, to discharge a lien asserted by the lien claimants. A copy of the bond may be recorded with the register of deeds in lieu of the bond provided in subsection (a) to discharge such a lien. Upon recording with the register of deeds, the prime contractor, remote contractor, or owner shall notify the surety executing the bond, and the lien on the property shall be discharged. The person asserting the lien may make the obligors on the bond parties to any proceeding in which the person files a complaint, petition, or civil warrant to enforce the claim, and any judgment recovered may be against all or any of the obligors on the bond.
(2) The bond recorded pursuant to this subsection (b) shall: (A) Be in a penal sum at least equal to the total of the original contract amount; (B) Be in favor of the owner; (C) Be executed by: (i) The original prime contractor or remote contractor as principal; and (ii) A sufficient corporate surety authorized and admitted to do business in this state and licensed by this state to execute bonds as surety; and (D) Provide for payment of the lien claimant, whether the lien claimant was employed or contracted with by the person who originally contracted with the owner of the premises or by a remote contractor.
(A) Be in a penal sum at least equal to the total of the original contract amount;
(B) Be in favor of the owner;
(C) Be executed by: (i) The original prime contractor or remote contractor as principal; and (ii) A sufficient corporate surety authorized and admitted to do business in this state and licensed by this state to execute bonds as surety; and
(i) The original prime contractor or remote contractor as principal; and
(ii) A sufficient corporate surety authorized and admitted to do business in this state and licensed by this state to execute bonds as surety; and
(D) Provide for payment of the lien claimant, whether the lien claimant was employed or contracted with by the person who originally contracted with the owner of the premises or by a remote contractor.
(c) The register of deeds may record any bond recorded under this section and return the original to the person providing the bond.
Amended by 2020 Tenn. Acts, ch. 749, s 11, eff. 7/1/2020.
Amended by 2015 Tenn. Acts, ch. 117, s 2, eff. 4/10/2015.
Acts 1974, ch. 580, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 64-1144; Acts 1990, ch. 854, § 7; 1994, ch. 664, § 1; 1995, ch. 30, §§ 4-6; 2007 , ch. 189, § 41.
Tenn. Code Ann. § 66-22-113 — TN Code / Title 66 / Chapter 22 / Section 66-22-113
Liability of officer for failure to carry out duties
Status: in_force

If the clerk or other officer who takes the probate or acknowledgment of a deed or other instrument fails or refuses to comply with and discharge the duties required of the clerk or officer, the clerk or officer shall forfeit and pay the sum of one hundred dollars ($100) for the use of the county in which the clerk or officer resides, which may be recovered by action of debt, in the name of the trustee of the county, in the circuit or chancery court; and the clerk or officer shall, moreover, be liable to the party injured for all damages the clerk or officer may sustain by such failure or refusal, together with costs, to be recovered by action on the case in the circuit or chancery court. Code 1858, § 2089 (deriv. Acts 1833, ch. 92, § 18); Shan., §3769; mod. Code 1932, § 7680; T.C.A. (orig. ed.), § 64-2213.
If the clerk or other officer who takes the probate or acknowledgment of a deed or other instrument fails or refuses to comply with and discharge the duties required of the clerk or officer, the clerk or officer shall forfeit and pay the sum of one hundred dollars ($100) for the use of the county in which the clerk or officer resides, which may be recovered by action of debt, in the name of the trustee of the county, in the circuit or chancery court; and the clerk or officer shall, moreover, be liable to the party injured for all damages the clerk or officer may sustain by such failure or refusal, together with costs, to be recovered by action on the case in the circuit or chancery court.
Code 1858, § 2089 (deriv. Acts 1833, ch. 92, § 18); Shan., §3769; mod. Code 1932, § 7680; T.C.A. (orig. ed.), § 64-2213.
Tenn. Code Ann. § 66-15-102 — TN Code / Title 66 / Chapter 15 / Section 66-15-102
Textile processors' lien
Status: in_force

(a) All persons or corporations engaged in the business of manufacturing, bleaching, mercerizing, dyeing, printing or finishing cotton, silk, artificial silk, wool, synthetic fibers or goods of which cotton, silk, artificial silk, wool or synthetic fibers form a component part, shall be entitled to a lien upon the goods and property of others that may come or may have come into their possession for the purpose of being manufactured, bleached, mercerized, dyed, printed or finished, or for any other purpose, for the amount that may be due them from the owners of such goods or other property, by reason of any freight advanced or any work or labor performed or materials furnished in and about the manufacturing, bleaching, mercerizing, dyeing, printing or finishing or otherwise treating or processing of the same or other goods of such owner or owners. (b) The lien shall not be waived, suspended or impaired by the recovery of any judgment, or the taking of any bill or note, for the money due, for such work, labor or materials and such lien may be enforced as though such judgment had not been recovered or such bill or note taken. (c) (1) When any person or corporation engaged in the business of manufacturing, bleaching, mercerizing, dyeing, printing or finishing cotton, silk, artificial silk, wool, synthetic fibers or goods of which cotton, silk, artificial silk, wool or synthetic fibers form a component part, may have a lien on the goods and property of others that may have come into the possession of such person or corporation for the purpose of being manufactured, bleached, mercerized, dyed, printed, or finished, or otherwise treated and processed, or for any other purpose, and the amount due on the goods or property shall remain due and unpaid either in whole or part for the space of two (2) months after the same becomes due and payable, it shall be lawful for the person or corporation having the lien to expose the cotton, silk, artificial silk, wool, synthetic fibers or goods and property for sale at public auction, upon a notice of sale being first published for the space of two (2) weeks, at least once in each week, preceding the day of sale, in some newspaper published in the county in which the goods or property are located, and also upon five (5) days' notice of sale set up in three (3) or more public places in the county, one (1) whereof shall be in the town or city, if any, in which the goods or property are located; and, if the residence of the owner or owners can be ascertained, a copy of the printed notice shall be mailed to the owner or owners at least five (5) days before the day of sale. (2) (A) The proceeds of the sale shall be applied to the payment of the lien and the expenses of the sale. (B) No more of the goods or property shall be sold, if they are easily separated or divided, than shall be necessary, as near as may be, to pay such lien and expense. (C) The balance of the proceeds of sale of the goods or property, if any, shall be paid or delivered to the owner or owners entitled to the proceeds. (3) Nothing in this section contained shall be construed to be in derogation of the right of the lienor to enforce the lien by any other lawful procedure. (4) The lien created by this section shall not continue after the property has been transferred from the lienor. Acts 1933, ch. 39, §§ 1-3; C. Supp. 1950, §§ 7983.1-7983.3; T.C.A. (orig. ed.), §§ 64-1504 -- 64-1506; Acts 1988, ch. 825, § 1.
(a) All persons or corporations engaged in the business of manufacturing, bleaching, mercerizing, dyeing, printing or finishing cotton, silk, artificial silk, wool, synthetic fibers or goods of which cotton, silk, artificial silk, wool or synthetic fibers form a component part, shall be entitled to a lien upon the goods and property of others that may come or may have come into their possession for the purpose of being manufactured, bleached, mercerized, dyed, printed or finished, or for any other purpose, for the amount that may be due them from the owners of such goods or other property, by reason of any freight advanced or any work or labor performed or materials furnished in and about the manufacturing, bleaching, mercerizing, dyeing, printing or finishing or otherwise treating or processing of the same or other goods of such owner or owners.
(b) The lien shall not be waived, suspended or impaired by the recovery of any judgment, or the taking of any bill or note, for the money due, for such work, labor or materials and such lien may be enforced as though such judgment had not been recovered or such bill or note taken.
(c) (1) When any person or corporation engaged in the business of manufacturing, bleaching, mercerizing, dyeing, printing or finishing cotton, silk, artificial silk, wool, synthetic fibers or goods of which cotton, silk, artificial silk, wool or synthetic fibers form a component part, may have a lien on the goods and property of others that may have come into the possession of such person or corporation for the purpose of being manufactured, bleached, mercerized, dyed, printed, or finished, or otherwise treated and processed, or for any other purpose, and the amount due on the goods or property shall remain due and unpaid either in whole or part for the space of two (2) months after the same becomes due and payable, it shall be lawful for the person or corporation having the lien to expose the cotton, silk, artificial silk, wool, synthetic fibers or goods and property for sale at public auction, upon a notice of sale being first published for the space of two (2) weeks, at least once in each week, preceding the day of sale, in some newspaper published in the county in which the goods or property are located, and also upon five (5) days' notice of sale set up in three (3) or more public places in the county, one (1) whereof shall be in the town or city, if any, in which the goods or property are located; and, if the residence of the owner or owners can be ascertained, a copy of the printed notice shall be mailed to the owner or owners at least five (5) days before the day of sale. (2) (A) The proceeds of the sale shall be applied to the payment of the lien and the expenses of the sale. (B) No more of the goods or property shall be sold, if they are easily separated or divided, than shall be necessary, as near as may be, to pay such lien and expense. (C) The balance of the proceeds of sale of the goods or property, if any, shall be paid or delivered to the owner or owners entitled to the proceeds. (3) Nothing in this section contained shall be construed to be in derogation of the right of the lienor to enforce the lien by any other lawful procedure. (4) The lien created by this section shall not continue after the property has been transferred from the lienor.
(1) When any person or corporation engaged in the business of manufacturing, bleaching, mercerizing, dyeing, printing or finishing cotton, silk, artificial silk, wool, synthetic fibers or goods of which cotton, silk, artificial silk, wool or synthetic fibers form a component part, may have a lien on the goods and property of others that may have come into the possession of such person or corporation for the purpose of being manufactured, bleached, mercerized, dyed, printed, or finished, or otherwise treated and processed, or for any other purpose, and the amount due on the goods or property shall remain due and unpaid either in whole or part for the space of two (2) months after the same becomes due and payable, it shall be lawful for the person or corporation having the lien to expose the cotton, silk, artificial silk, wool, synthetic fibers or goods and property for sale at public auction, upon a notice of sale being first published for the space of two (2) weeks, at least once in each week, preceding the day of sale, in some newspaper published in the county in which the goods or property are located, and also upon five (5) days' notice of sale set up in three (3) or more public places in the county, one (1) whereof shall be in the town or city, if any, in which the goods or property are located; and, if the residence of the owner or owners can be ascertained, a copy of the printed notice shall be mailed to the owner or owners at least five (5) days before the day of sale.
(2) (A) The proceeds of the sale shall be applied to the payment of the lien and the expenses of the sale. (B) No more of the goods or property shall be sold, if they are easily separated or divided, than shall be necessary, as near as may be, to pay such lien and expense. (C) The balance of the proceeds of sale of the goods or property, if any, shall be paid or delivered to the owner or owners entitled to the proceeds.
(A) The proceeds of the sale shall be applied to the payment of the lien and the expenses of the sale.
(B) No more of the goods or property shall be sold, if they are easily separated or divided, than shall be necessary, as near as may be, to pay such lien and expense.
(C) The balance of the proceeds of sale of the goods or property, if any, shall be paid or delivered to the owner or owners entitled to the proceeds.
(3) Nothing in this section contained shall be construed to be in derogation of the right of the lienor to enforce the lien by any other lawful procedure.
(4) The lien created by this section shall not continue after the property has been transferred from the lienor.
Acts 1933, ch. 39, §§ 1-3; C. Supp. 1950, §§ 7983.1-7983.3; T.C.A. (orig. ed.), §§ 64-1504 -- 64-1506; Acts 1988, ch. 825, § 1.
Tenn. Code Ann. § 66-29-203 — TN Code / Title 66 / Chapter 29 / Section 66-29-203
Abandonment - Notice - Vesting of title in museum
Status: in_force

(a) Any abandoned cultural property held by a museum to which no person has made claim shall be deemed to be abandoned. (b) A museum holding abandoned cultural property shall publish in at least one (1) newspaper of general circulation in the county in which the institution is located at least once a week for two (2) consecutive weeks a notice and listing of the property. The notice shall contain: (1) The name and last known address, if any, of the last known owner of the property; (2) A description of the property; and (3) A statement that if proof of claim is not presented by the owner to the museum and if the owner's right to receive that property is not established to the museum's satisfaction within sixty-five (65) days from the date of the second published notice, the property will be deemed abandoned and shall become the property of the museum. (c) If no claim has been made to the abandoned cultural property within sixty-five (65) days from the date of the second published notice, title to the property shall vest in the museum, free from all claims of the owner and of all persons claiming through or under the owner. Acts 1984, ch. 862, § 3.
(a) Any abandoned cultural property held by a museum to which no person has made claim shall be deemed to be abandoned.
(b) A museum holding abandoned cultural property shall publish in at least one (1) newspaper of general circulation in the county in which the institution is located at least once a week for two (2) consecutive weeks a notice and listing of the property. The notice shall contain: (1) The name and last known address, if any, of the last known owner of the property; (2) A description of the property; and (3) A statement that if proof of claim is not presented by the owner to the museum and if the owner's right to receive that property is not established to the museum's satisfaction within sixty-five (65) days from the date of the second published notice, the property will be deemed abandoned and shall become the property of the museum.
(1) The name and last known address, if any, of the last known owner of the property;
(2) A description of the property; and
(3) A statement that if proof of claim is not presented by the owner to the museum and if the owner's right to receive that property is not established to the museum's satisfaction within sixty-five (65) days from the date of the second published notice, the property will be deemed abandoned and shall become the property of the museum.
(c) If no claim has been made to the abandoned cultural property within sixty-five (65) days from the date of the second published notice, title to the property shall vest in the museum, free from all claims of the owner and of all persons claiming through or under the owner.
Acts 1984, ch. 862, § 3.
Tenn. Code Ann. § 66-27-122 — TN Code / Title 66 / Chapter 27 / Section 66-27-122
Construction with other laws
Status: in_force

This part shall be in addition to and supplemental to all other laws of the state; provided, that wherever the application of this part conflicts with the application of such other laws, this part shall prevail. Acts 1963, ch. 124, § 22; T.C.A., § 64-2722.
This part shall be in addition to and supplemental to all other laws of the state; provided, that wherever the application of this part conflicts with the application of such other laws, this part shall prevail.
Acts 1963, ch. 124, § 22; T.C.A., § 64-2722.
Tenn. Code Ann. § 66-27-112 — TN Code / Title 66 / Chapter 27 / Section 66-27-112
Contents of bylaws - Modification
Status: in_force

(a) The bylaws must necessarily provide for at least the following: (1) Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation of such administrator, board of administration, or otherwise; (2) Method of calling or summoning the co-owners to assembly; that a majority of co-owners is required to adopt decisions; who is to preside over the meeting and who will keep the minute book wherein the resolutions shall be recorded; (3) Care, upkeep and surveillance of the building and its general or limited common elements and services; (4) Manner of collecting from the co-owners for the payment of the common expenses; and (5) Designation and dismissal of the personnel necessary for the works and the general or limited common services of the building. (b) The sole owner of the building, or if there is more than one (1), the co-owners representing two-thirds (2/3) of the total apartments of the building, may at any time modify the system of administration, but each one (1) of the particulars set forth in this section shall always be embodied in the bylaws. No such modification may be operative until it is embodied in a recorded instrument which shall be recorded in the same office and in the same manner as was the master deed or lease or plat and original bylaws of the horizontal property regime involved. Acts 1963, ch. 124, § 12; T.C.A., § 64-2712.
(a) The bylaws must necessarily provide for at least the following: (1) Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation of such administrator, board of administration, or otherwise; (2) Method of calling or summoning the co-owners to assembly; that a majority of co-owners is required to adopt decisions; who is to preside over the meeting and who will keep the minute book wherein the resolutions shall be recorded; (3) Care, upkeep and surveillance of the building and its general or limited common elements and services; (4) Manner of collecting from the co-owners for the payment of the common expenses; and (5) Designation and dismissal of the personnel necessary for the works and the general or limited common services of the building.
(1) Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation of such administrator, board of administration, or otherwise;
(2) Method of calling or summoning the co-owners to assembly; that a majority of co-owners is required to adopt decisions; who is to preside over the meeting and who will keep the minute book wherein the resolutions shall be recorded;
(3) Care, upkeep and surveillance of the building and its general or limited common elements and services;
(4) Manner of collecting from the co-owners for the payment of the common expenses; and
(5) Designation and dismissal of the personnel necessary for the works and the general or limited common services of the building.
(b) The sole owner of the building, or if there is more than one (1), the co-owners representing two-thirds (2/3) of the total apartments of the building, may at any time modify the system of administration, but each one (1) of the particulars set forth in this section shall always be embodied in the bylaws. No such modification may be operative until it is embodied in a recorded instrument which shall be recorded in the same office and in the same manner as was the master deed or lease or plat and original bylaws of the horizontal property regime involved.
Acts 1963, ch. 124, § 12; T.C.A., § 64-2712.
Tenn. Code Ann. § 66-2-308 — TN Code / Title 66 / Chapter 2 / Section 66-2-308
Liability limitations - Exclusions
Status: in_force

(a) This part does not impose liability on a person licensed under the Tennessee Real Estate Broker License Act of 1973, compiled in title 62, chapter 13; an attorney licensed in this state or licensed in another state and handling a matter governed by the law of this state; a title insurance company or an agent licensed in this state; a state or national bank, bank holding company, or its affiliates or subsidiaries; a savings and loan association or savings bank; a credit union; an industrial loan or thrift company; or a mortgage lender licensed by the department of financial institutions who is involved in a transaction in which a prohibited foreign party or prohibited foreign-party-controlled business acquired or held an interest in property in violation of this part. (b) This part does not apply to a prohibited foreign party or prohibited foreign-party-controlled business that possesses an interest in agricultural land or non-agricultural land if such prohibited foreign party or prohibited foreign-party-controlled business is duly registered and in good standing with the secretary of state as of January 1, 2025, and has: (1) Been approved by the committee on foreign investment in the United States (CFIUS); or (2) Previously received a determination that there are no unresolved national security concerns or that pending actions under Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) are concluded with respect to a covered transaction, as defined in 31 C.F.R. § 800.213 ; provided, that such prohibited foreign party or prohibited foreign-party-controlled business has not undergone a change in control constituting a covered control transaction, as defined in 31 C.F.R. § 800.210 , since such determination. Added by 2024 Tenn. Acts, ch. 995,s 1, eff. 1/1/2025.
(a) This part does not impose liability on a person licensed under the Tennessee Real Estate Broker License Act of 1973, compiled in title 62, chapter 13; an attorney licensed in this state or licensed in another state and handling a matter governed by the law of this state; a title insurance company or an agent licensed in this state; a state or national bank, bank holding company, or its affiliates or subsidiaries; a savings and loan association or savings bank; a credit union; an industrial loan or thrift company; or a mortgage lender licensed by the department of financial institutions who is involved in a transaction in which a prohibited foreign party or prohibited foreign-party-controlled business acquired or held an interest in property in violation of this part.
(b) This part does not apply to a prohibited foreign party or prohibited foreign-party-controlled business that possesses an interest in agricultural land or non-agricultural land if such prohibited foreign party or prohibited foreign-party-controlled business is duly registered and in good standing with the secretary of state as of January 1, 2025, and has: (1) Been approved by the committee on foreign investment in the United States (CFIUS); or (2) Previously received a determination that there are no unresolved national security concerns or that pending actions under Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) are concluded with respect to a covered transaction, as defined in 31 C.F.R. § 800.213 ; provided, that such prohibited foreign party or prohibited foreign-party-controlled business has not undergone a change in control constituting a covered control transaction, as defined in 31 C.F.R. § 800.210 , since such determination.
(1) Been approved by the committee on foreign investment in the United States (CFIUS); or
(2) Previously received a determination that there are no unresolved national security concerns or that pending actions under Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) are concluded with respect to a covered transaction, as defined in 31 C.F.R. § 800.213 ; provided, that such prohibited foreign party or prohibited foreign-party-controlled business has not undergone a change in control constituting a covered control transaction, as defined in 31 C.F.R. § 800.210 , since such determination.
Added by 2024 Tenn. Acts, ch. 995,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 66-32-123 — TN Code / Title 66 / Chapter 32 / Section 66-32-123
Application and fees for registration
Status: in_force

(a) An application for registration must contain the public offering statement, a brief description of the property, copies of time-share instruments and any documents referred to therein other than tract maps, plats, plans, and such other information required by the commission's rules and regulations and be accompanied by any reasonable fees required by the commission. (b) Fee for registration of time-share interval plans; expenses for investigation and prosecution: (1) For the registration of all time-share interval plans and the accommodations and facilities affected thereby which are located within the state, there shall be paid to the commission the sum of one hundred dollars ($100), together with an annual renewal fee of fifty dollars ($50.00); (2) For the registration of all time-share interval plans and the accommodations and facilities affected thereby which are located outside the state, there shall be paid to the commission the sum of two hundred fifty dollars ($250), together with an annual renewal fee of one hundred dollars ($100); and (3) Notwithstanding subdivisions (b)(1) and (2), the fees charged and collected shall be sufficient to cover the cost of administering this part. Acts 1981, ch. 372, § 24; T.C.A., § 64-3224.
(a) An application for registration must contain the public offering statement, a brief description of the property, copies of time-share instruments and any documents referred to therein other than tract maps, plats, plans, and such other information required by the commission's rules and regulations and be accompanied by any reasonable fees required by the commission.
(b) Fee for registration of time-share interval plans; expenses for investigation and prosecution: (1) For the registration of all time-share interval plans and the accommodations and facilities affected thereby which are located within the state, there shall be paid to the commission the sum of one hundred dollars ($100), together with an annual renewal fee of fifty dollars ($50.00); (2) For the registration of all time-share interval plans and the accommodations and facilities affected thereby which are located outside the state, there shall be paid to the commission the sum of two hundred fifty dollars ($250), together with an annual renewal fee of one hundred dollars ($100); and (3) Notwithstanding subdivisions (b)(1) and (2), the fees charged and collected shall be sufficient to cover the cost of administering this part.
(1) For the registration of all time-share interval plans and the accommodations and facilities affected thereby which are located within the state, there shall be paid to the commission the sum of one hundred dollars ($100), together with an annual renewal fee of fifty dollars ($50.00);
(2) For the registration of all time-share interval plans and the accommodations and facilities affected thereby which are located outside the state, there shall be paid to the commission the sum of two hundred fifty dollars ($250), together with an annual renewal fee of one hundred dollars ($100); and
(3) Notwithstanding subdivisions (b)(1) and (2), the fees charged and collected shall be sufficient to cover the cost of administering this part.
Acts 1981, ch. 372, § 24; T.C.A., § 64-3224.
Tenn. Code Ann. § 66-1-204 — TN Code / Title 66 / Chapter 1 / Section 66-1-204
Judicial reformation of property disposition
Status: in_force

Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety (90) years allowed by §§ 66-1-202(a)(2), (b)(2) or (c)(2) if any of the following conditions is satisfied: (1) A nonvested property interest or a power of appointment becomes invalid under the statutory rule against perpetuities provided in § 66-1-202 ; (2) A class gift is not but might become invalid under the statutory rule against perpetuities provided in § 66-1-202 , and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or (3) A nonvested property interest that is not validated by § 66-1-202(a)(1) can vest but not within ninety (90) years after its creation. Acts 1994, ch. 654, § 4.
Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety (90) years allowed by §§ 66-1-202(a)(2), (b)(2) or (c)(2) if any of the following conditions is satisfied:
(1) A nonvested property interest or a power of appointment becomes invalid under the statutory rule against perpetuities provided in § 66-1-202 ;
(2) A class gift is not but might become invalid under the statutory rule against perpetuities provided in § 66-1-202 , and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3) A nonvested property interest that is not validated by § 66-1-202(a)(1) can vest but not within ninety (90) years after its creation.
Acts 1994, ch. 654, § 4.