reglab/housing_qa huggingface dataset:
TN Code § 66-27-202 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 2 - Tennessee Condominium Act of 2008 — General Provisions|§ 66-27-202. Applicability

  This part and parts 3-5 of this chapter apply to all condominiums created within this state after January 1, 2009. Sections 66-27-205 — 66-27-207; 66-27-303; 66-27-304; 66-27-402(a)(1)-(6) and (11)-(16); 66-27-411; 66-27-414(g); 66-27-415; 66-27-417; part 5 of this chapter; and § 66-27-203, to the extent necessary in construing any of the sections listed in this subsection (a), apply to all condominiums created in this state before January 1, 2009; but those sections apply only with respect to events and circumstances occurring after January 1, 2009, and, with the exception of § 66-27-414(g), do not invalidate or supersede existing provisions of the master deed, master lease, declaration, bylaws or plats of those condominiums existing on January 1, 2009.   Part 1 of this chapter does not apply to condominiums created after January 1, 2009, and does not invalidate any amendment adopted after January 1, 2009, to the master deed, bylaws, or plats of any condominium created before January 1, 2009, if the amendment would be permitted by this part and parts 3-5 of this chapter. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by part 1 of this chapter. If the amendment grants to any person any rights, powers, or privileges permitted by this part and parts 3-5 of this chapter, all correlative obligations, liabilities, and restrictions in this part and parts 3-5 of this chapter also apply to that person.   Condominiums existing before January 1, 2009, may elect to be governed by this part and parts 3-5 of this chapter in their entirety by amending and restating their then existing master deed, bylaws, and plat or plats in a manner that satisfies the requirements of subsection (b) and any additional requirements applicable to a condominium created under this part and parts 3-5 of this chapter. Condominiums created before January 1, 2009, may elect to be governed by this part and parts 3-5 of this chapter by specifically electing to do so in their master deed, master lease, or declaration and by satisfying all requirements applicable to a condominium created under this part and parts 3-5 of this chapter.   This part and parts 3-5 of this chapter do not apply to condominiums or units located outside this state.
TN Code § 66-27-204 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 2 - Tennessee Condominium Act of 2008 — General Provisions|§ 66-27-204. Variation by Agreement

 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.
TN Code § 66-27-205 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 2 - Tennessee Condominium Act of 2008 — General Provisions|§ 66-27-205. Separate Titles and Taxation

  If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate.   If there is any unit owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements.   If there is no unit owner other than a declarant, the real estate comprising the condominium may be taxed and assessed in any manner provided by law.
TN Code § 66-27-206 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 2 - Tennessee Condominium Act of 2008 — General Provisions|§ 66-27-206. Applicability of Local Ordinances, Regulations, and Building Codes

 A zoning, subdivision, building code, or other real estate use law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium that it would not impose upon a physically identical development under a different form of ownership. Otherwise, no provision of this part and parts 3-5 of this chapter invalidates or modifies any zoning, subdivision, building code, or other real estate use law, ordinance, or regulation.
TN Code § 66-27-207 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 2 - Tennessee Condominium Act of 2008 — General Provisions|§ 66-27-207. Eminent Domain

  If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant that may not practically or lawfully be used for all purposes permitted by the declaration, the award must compensate the unit owner for the unit owner's unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection (a) is thereafter a common element.   Except as provided in subsection (a), if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides that a unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration, the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.   If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.   The court decree shall be recorded in every county in which any portion of the condominium is located.
TN Code § 66-27-208 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 2 - Tennessee Condominium Act of 2008 — General Provisions|§ 66-27-208. Supplemental General Principles of Law Applicable

 The principles of law and equity, including the law of corporations and unincorporated associations and limited liability companies, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement this part and parts 3-5 of this chapter, except to the extent inconsistent with this part and parts 3-5 of this chapter.
TN Code § 66-27-209 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 2 - Tennessee Condominium Act of 2008 — General Provisions|§ 66-27-209. Construction Against Implicit Repeal

 This part and parts 3-5, being general parts intended as a unified coverage of their subject matter, no part of them shall be construed to be implicitly repealed by subsequent legislation if that construction can reasonably be avoided.
TN Code § 66-27-210 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 2 - Tennessee Condominium Act of 2008 — General Provisions|§ 66-27-210. Severability

 If any provision of this part and parts 3-5 of this chapter or the application of any provision to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this part and parts 3-5 of this chapter that can be given effect without the invalid provisions or applications, and to this end the provisions of this part and parts 3-5 of this chapter are severable.
TN Code § 66-27-211 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 2 - Tennessee Condominium Act of 2008 — General Provisions|§ 66-27-211. Enforcement

 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.
TN Code § 66-27-301 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 3 - Tennessee Condominium Act of 2008 — Units and Allocation of Common and Limited Elements|§ 66-27-301. Creation of Condominium

  A condominium may be created pursuant to part 2, this part and parts 4 and 5 of this chapter only by recording a declaration executed in the same manner as a deed. The declaration shall be recorded in every county in which any portion of the condominium is located, and shall be indexed in the grantee's index in the name of the condominium and the association and in the grantor's index in the name of each person executing the declaration. The name and address of the preparer shall appear as required by § 66-24-115.   A residential unit that shares a horizontal boundary with another unit, other than a unit that is subject to retained development rights, may not be conveyed to a purchaser until all structural components and mechanical systems of all buildings containing or comprising the unit are substantially completed.
TN Code § 66-27-302 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 3 - Tennessee Condominium Act of 2008 — Units and Allocation of Common and Limited Elements|§ 66-27-302. Unit Boundaries

 Except as provided by the declaration:   If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces of the walls, floor or ceilings are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements;   If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion of the chute, flue, duct, wire, conduit, bearing wall, bearing column, or other fixture serving only that unit is a limited common element allocated solely to that unit, and any portion of the chute, flue, duct, wire, conduit, bearing wall, bearing column, or other fixture serving more than one (1) unit or any portion of the common elements is a part of the common elements;   Subject to subdivision (2), all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit; and   Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
TN Code § 66-27-303 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 3 - Tennessee Condominium Act of 2008 — Units and Allocation of Common and Limited Elements|§ 66-27-303. Construction and Validity of Declaration and Bylaws

  All provisions of the declaration and bylaws are severable.   The rule against perpetuities may not be applied to defeat any provision of the declaration, or the bylaws, rules, or regulations adopted pursuant to § 66-27-402(a)(1).   In the event of a conflict between the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with part 2, this part and parts 4 and 5 of this chapter.   Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with part 2, this part and parts 4 and 5 of this chapter. Whether a substantial failure impairs marketability is not affected by part 2, this part and parts 4 and 5 of this chapter.
TN Code § 66-27-304 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 3 - Tennessee Condominium Act of 2008 — Units and Allocation of Common and Limited Elements|§ 66-27-304. Description of Units

 A description of a unit that sets forth the name of the condominium, the recording data for the declaration, the county in which the condominium is located, and the identifying number of the unit, is a sufficient legal description of that unit and all rights, obligations, and interests appurtenant to that unit that were created by the declaration or bylaws.
TN Code § 66-27-305 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 3 - Tennessee Condominium Act of 2008 — Units and Allocation of Common and Limited Elements|§ 66-27-305. Contents of Declaration

  The declaration for a condominium must contain:  The name of the condominium, which must include the word “condominium” or be followed by the words “a condominium”, and the association;   The name of every county in which any part of the condominium is situated;   A legally sufficient description of the real estate included in the condominium, including a recital pursuant to § 66-24-110;   A description of the boundaries of each unit created by the declaration, including the unit's identifying number;   A description of any limited common elements, other than those specified in § 66-27-302(2) and (4), as provided in § 66-27-309(b)(10);   A description of any real estate, except real estate subject to development rights, that may be allocated subsequently as limited common elements, other than limited common elements specified in § 66-27-302(2) and (4), together with a statement that they may be so allocated;   A description of any development rights and other special declarant rights as defined by § 66-27-203, reserved by the declarant; provided, that, prior to the exercise of any such rights, no consent or joinder by the holder of the right to the termination of the condominium shall be required;   If any development right may be exercised with respect to different parcels of real estate, a statement to that effect, together with a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right; provided, that, if the declaration does not provide that the right must be exercised at a specific time, in a particular order, or with respect to all of the real estate, then the right may be exercised at any time, in any order, or with respect to any portion of the real estate;   Any conditions or limitations under which the rights described in subdivision (a)(7) may be exercised or will lapse;   An allocation to each unit of the allocated interests in the manner described in § 66-27-307;   Any restrictions on use, occupancy, and alienation of the units; and   All matters required by §§ 66-27-306, 66-27-307, 66-27-308, 66-27-309, 66-27-315, 66-27-316, and 66-27-403(c).     The declaration may contain any other matters the declarant deems appropriate.
TN Code § 66-27-306 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 3 - Tennessee Condominium Act of 2008 — Units and Allocation of Common and Limited Elements|§ 66-27-306. Leasehold Condominiums

  Any lease, the expiration or termination of which may terminate the condominium or reduce its size, shall be recorded. The declaration for the condominium shall state:  The recording data;   The date on which the lease is scheduled to expire;   A legally sufficient description of the real estate subject to the lease;   Any right of the unit owners to acquire the fee simple estate and the manner whereby those rights may be exercised, or a statement that they do not have those rights;   Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and   Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.     After the declaration for a leasehold condominium is recorded, neither the lessor nor the lessor's successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of the unit owner’s share of the rent and otherwise complies with all covenants that, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant; provided, that, this subsection (b) shall not prohibit the lessor from acquiring the interest of the defaulting owner, subject to the declaration.   Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests, unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.   If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests shall be reallocated in accordance with § 66-27-207(a) as though those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association.   Unless the lease described in subsection (a) includes covenants for the benefit of unit owners as set forth in subsections (b) and (c), the lessor under the lease must sign the declaration for the limited purpose of affirming that the lease is subject to those covenants.
TN Code § 66-27-307 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 3 - Tennessee Condominium Act of 2008 — Units and Allocation of Common and Limited Elements|§ 66-27-307. Allocation of Common Element Interests, Votes, and Common Expense Liabilities

  The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit and state the formulas or methods used to establish those allocations. Those allocations may not discriminate in favor of units owned by the declarant.   If units may be added to or withdrawn from the condominium, the declaration must state the formulas or methods to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.    The declaration may provide:  That different allocations of votes shall be made to the units on particular matters specified in the declaration;   For cumulative voting only for the purpose of electing members of the board of directors; and   For class voting on specified issues affecting the class if necessary to protect valid interests of the class.     A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by part 2, this part and parts 4 and 5 of this chapter, nor may units constitute a class because they are owned by a declarant.     Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units must each equal one (1) if stated as fractions or one hundred percent (100%) if stated as percentages. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula or method, the allocated interest prevails.   The common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated, is void.   Any common elements that may be licensed by the declarant pursuant to § 66-27-203(12)(D) shall be described in the declaration. The declaration shall also provide a method of equitably allocating the common expenses attributable to the common elements to the declarant, and assessing the expenses to the declarant or the holder of such rights. The association shall have a lien on the rights to secure payment of the expenses in accordance with § 66-27-415.
TN Code § 66-27-308 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 3 - Tennessee Condominium Act of 2008 — Units and Allocation of Common and Limited Elements|§ 66-27-308. Allocation of Limited Common Elements

   Except for the limited common elements described in § 66-27-302(2) and (4), the declaration shall specify either:  To which unit or units each limited common element is allocated; or   Which common elements or limited common elements may be allocated or licensed by conveyance from the declarant.     The allocation may not be altered without the consent of the unit owners whose units are affected.     Except as the declaration otherwise provides, and subject to approval by the association, a limited common element may be reallocated by an instrument executed by the unit owners between or among whose units the reallocation is made, and by the association. The instrument shall be prepared and recorded by the association at the expense of the reallocating unit owners. The instrument shall be recorded in the names of the parties and the condominium.   A common element not previously allocated as a limited common element may not be so allocated except pursuant to provisions in the declaration made in accordance with § 66-27-305(a)(6). The allocations shall be made by amendments to the declaration.   Any limited common elements that may be licensed by the declarant pursuant to § 66-27-203(12)(D) shall be described in the declaration. The declaration shall also provide a method of equitably allocating the common expenses attributable to the limited common elements to the declarant, and assessing the expenses to the declarant or the holder of such rights. The association shall have a lien on the rights to secure payment of the expenses in accordance with § 66-27-415.