reglab/housing_qa huggingface dataset:
TN Code § 66-27-402 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 4 - Tennessee Condominium Act of 2008 — Unit Owners' Association|§ 66-27-402. Powers of Unit Owners' Association

  Except as provided in subsection (b), and subject to the declaration, the association, even if unincorporated, or if incorporated or a limited liability company even if subsequently dissolved administratively, may:  Adopt and amend bylaws, and rules and regulations;   Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners;   Hire and discharge managing agents and other employees, agents, and independent contractors;   Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two (2) or more unit owners on matters affecting the condominium;   Make contracts and incur liabilities;   Regulate the use, maintenance, repair, replacement, and modification of common elements;   Cause additional improvements to be made as a part of the common elements;   Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, but common elements may be conveyed or subjected to a security interest only pursuant to § 66-27-412;   Grant easements, leases, licenses, and concessions through or over the common elements;   Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements, other than limited common elements described in § 66-27-302(2) and (4), and for services provided to unit owners;   Impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association;   Impose reasonable charges for the preparation and recordation of amendments to the declaration or the provision of information required by § 66-27-502;   Impose reasonable charges for services rendered in connection with the transfer of a unit;   Provide for the indemnification of its officers and members of its board of directors and maintain directors' and officers' liability insurance;   Assign its right to future income, including the right to receive common expense assessments, but, except for assignments of income to finance common expenses of the association, only to the extent the declaration expressly so provides;   Exercise any other powers conferred by the declaration or bylaws;   Exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and   Exercise any other powers necessary and proper for the governance and operation of the association.     The declaration may not impose limitations on the power of the association to deal with the declarant, its agents or contractors, that are more restrictive than the limitations imposed on the power of the association to deal with other persons.
TN Code § 66-27-405 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 4 - Tennessee Condominium Act of 2008 — Unit Owners' Association|§ 66-27-405. Termination of Contracts and Leases of Declarant

 If entered into before the board of directors elected by the unit owners pursuant to § 66-27-403(e) takes office, any contract or lease between the association and a declarant or an affiliate of a declarant, unless the contract or lease exercises a development right or a special declarant right, or any other contract or lease that was not disclosed in the declaration or otherwise in writing prior to the first conveyance of a unit to a party other than the declarant, and at the time entered into was unconscionable to the unit owners under the circumstances then prevailing, may be terminated without penalty by the association at any time after the board of directors elected by the unit owners pursuant to § 66-27-403(e) takes office, upon not less than ninety (90) days notice to the other party. This section does not apply to any lease, the termination of which would terminate the condominium or reduce its size, unless the real estate subject to that lease was included in the condominium for the purpose of avoiding the right of the association to terminate a lease under this section. This section applies only to condominiums containing units restricted to residential purposes.
TN Code § 66-27-406 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 4 - Tennessee Condominium Act of 2008 — Unit Owners' Association|§ 66-27-406. Bylaws

  The bylaws of the association must provide for:  The number of members of the board of directors and the titles of the officers of the association;   Election by the board of directors of a president, secretary, and any other officers of the association the bylaws specify;   The qualifications, powers and duties, terms of office, and manner of electing and removing members of the board of directors and officers and filling vacancies;   Which, if any, of its powers the board of directors or officers may delegate to other persons or to a managing agent;   Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and   The method of amending the bylaws.     Subject to the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.
TN Code § 66-27-407 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 4 - Tennessee Condominium Act of 2008 — Unit Owners' Association|§ 66-27-407. Upkeep of Condominium

  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.   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.
TN Code § 66-27-408 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 4 - Tennessee Condominium Act of 2008 — Unit Owners' Association|§ 66-27-408. Meetings

 A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors or by unit owners having twenty percent (20%), or any lower percentage specified in the bylaws, of the votes in the association. Not less than ten (10) nor more than sixty (60) days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered, sent prepaid by United States mail, by facsimile, electronically, or by other means expressly authorized by the declaration, to the address of each unit or to any other physical or electronic address designated in writing or by electronic means by the unit owner. The notice of any meeting must state the time, place, and method of attendance of or at the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove a director or officer. Notice may be waived in writing signed by all unit owners.
TN Code § 66-27-409 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 4 - Tennessee Condominium Act of 2008 — Unit Owners' Association|§ 66-27-409. Quorums

  Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast twenty percent (20%) of the votes that may be cast for election of the board of directors are present in person or by proxy at the beginning of the meeting.   Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the board of directors if persons entitled to cast fifty percent (50%) of the votes on that board are present at the beginning of the meeting.   Attendance at a meeting may be in person, by telephone, or by any other means specified in the bylaws. Attendance at a meeting of the association may also be by proxy.
TN Code § 66-27-410 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 4 - Tennessee Condominium Act of 2008 — Unit Owners' Association|§ 66-27-410. Voting — Proxies

  If only one (1) of the multiple owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit. If more than one (1) of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners, unless the declaration expressly provides otherwise. There is majority agreement if any one (1) of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.   Votes allocated to a unit may be cast pursuant to proxy duly executed by a unit owner. If a unit is owned by more than one (1) person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section, except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. The duration of a proxy is governed by the Tennessee Nonprofit Corporation Act, compiled in title 48, Chapters 51 68, including, without limitation, § 48-57-205.   If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units:  Subsections (a) and (b) apply to lessees as if they were unit owners;   Unit owners who have leased their units to other persons may not cast votes on those specified matters; and   Lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners. Unit owners must also be given notice, in the manner provided in § 66-27-408, of all meetings at which lessees may be entitled to vote.     No votes allocated to a unit owned by the association may be cast.
TN Code § 66-27-411 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 4 - Tennessee Condominium Act of 2008 — Unit Owners' Association|§ 66-27-411. Tort and Contract Liability

 Any action alleging a wrong done by the association must be brought against the association and not against any unit owner. A unit owner is not precluded from bringing an action contemplated by this section because the unit owner is a unit owner or a member or officer of the association.
TN Code § 66-27-412 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 4 - Tennessee Condominium Act of 2008 — Unit Owners' Association|§ 66-27-412. Conveyance or Encumbrance of Common Elements

  Portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least eighty percent (80%) of the votes in the association, including, during any period of declarant control, eighty percent (80%) of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; and a like percentage vote by the owners of any units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association; provided, that proceeds of a sale of a limited common element shall be reserved for the benefit of the unit or units to which the limited common element is allocated.   An agreement to convey common elements or subject them to a security interest must be evidenced by the execution of an agreement, or ratifications of the agreement, in the same manner as a deed, by the requisite number of unit owners. The agreement may specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications of the agreement must be recorded in every county in which a portion of the condominium is situated, and is effective only upon recordation.   The association, on behalf of the unit owners, may contract to convey common elements, or subject them to a security interest, but the contract is not enforceable against the association until approved pursuant to subsections (a) and (b). Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.   Any purported conveyance, encumbrance, judicial sale or other voluntary transfer of common elements, unless made pursuant to this section, is voidable; provided, that no action challenging the validity of a conveyance or encumbrance made by the association pursuant to this section may be brought more than one (1) year following the conveyance or encumbrance.   A conveyance or encumbrance of common elements pursuant to this section does not deprive any unit of its rights of access to and support of the unit and the remaining common elements and essential services.   A conveyance or encumbrance of common elements pursuant to this section does not affect the priority or validity of preexisting encumbrances.
TN Code § 66-27-414 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 4 - Tennessee Condominium Act of 2008 — Unit Owners' Association|§ 66-27-414. Assessments for Common Expenses

  Until the board of directors makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the board of directors, assessments must be made at least annually, based on a budget adopted at least annually by the board of directors.   Except for assessments under subsections (c)-(e), all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to § 66-27-307(a). Any past due common expense assessment or installment of the common expense assessment bears interest at the rate established by the association not exceeding the maximum effective annual rate of interest as determined by the department of financial institutions.   To the extent permitted by the declaration:  Any common expense associated with the maintenance, repair, or replacement of a limited common element may be assessed against the units to which that limited common element is assigned, equally, or in any other proportion that the declaration provides;   Any common expense or portion of the common expense benefiting fewer than all of the units may be assessed exclusively against the units benefited; and   The costs of insurance may be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.     Assessments to pay a judgment against the association pursuant to § 66-27-416(a) may be made only against the units in the condominium at the time the judgment was entered, in proportion to their common expense liabilities.   If any common expense is caused by the misconduct of any unit owner, the association may assess that expense exclusively against the owner's unit.   If common expense liabilities are reallocated, common expense assessments and any installment of the common expense assessments not yet due shall be recalculated in accordance with the reallocated common expense liabilities.   With respect to residential units only, notwithstanding any provision to the contrary set forth in the declaration, the board of directors shall have the power at any time to levy assessments to preserve the physical integrity of the condominium or to comply with governmental requirements applicable to the condominium. The assessments may be in the form of a single assessment or an assessment for reserves to be paid in such installments as shall be determined by the board of directors.
TN Code § 66-27-416 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 4 - Tennessee Condominium Act of 2008 — Unit Owners' Association|§ 66-27-416. Liability for Judgments and Liens

  The liability of a unit owner in an unincorporated association for a judgment against the association shall be limited to the percentage of the judgment equal to the undivided percentage ownership of the unit owner in the common elements.   If the association has granted a security interest in the common elements to a creditor of the association pursuant to § 66-27-412, the holder of that security interest shall exercise its right against the common elements only.   Whether perfected before or after the creation of the condominium, if a lien other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied, becomes effective against two (2) or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to the owner's unit, and the lienholder, upon receipt of payment, shall promptly deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio that the unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.   A judgment against the association must be indexed in the name of the condominium and the association.
TN Code § 66-27-417 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 4 - Tennessee Condominium Act of 2008 — Unit Owners' Association|§ 66-27-417. Association Records

 The association shall keep financial records sufficiently detailed to enable the association to comply with §§ 66-27-502 and 66-27-503. All financial and other records shall be made reasonably available for examination by any unit owner, the holder of any mortgage or deed of trust encumbering a unit, and their respective authorized agents.
TN Code § 66-27-418 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 4 - Tennessee Condominium Act of 2008 — Unit Owners' Association|§ 66-27-418. Association as Trustee

 With respect to a third person dealing with the association in the association's capacity as a trustee, either under § 66-27-413 for insurance proceeds, or § 66-27-318 following termination, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.
TN Code § 66-27-501 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 5 - Tennessee Condominium Act of 2008 — Units Restricted to Residential Purposes|§ 66-27-501. Applicability — Waiver

 This part applies only to units restricted to residential purposes, unless expressly made applicable by the declaration.
TN Code § 66-27-502 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 5 - Tennessee Condominium Act of 2008 — Units Restricted to Residential Purposes|§ 66-27-502. Responsibility to Provide Information

  The association, upon request from a unit owner, a purchaser or any lender to either a unit owner or a purchaser, or their respective authorized agents, shall provide to the requesting party, within ten (10) business days following the date of the association's receipt of the request, the information specified in § 66-27-503, to the extent applicable. It shall be the responsibility of a unit owner to advise a purchaser or lender, upon request, how the association may be contacted. The association will be entitled to charge a reasonable fee for providing the information that, if not paid, may be assessed against the unit whose owner, lender, or purchaser requested the information.   When construction of a condominium is not yet complete, a declarant, prior to the first sale of any interest in a unit to a third-party purchaser, shall upon request, and within ten (10) business days following the date of the declarant's receipt of the request, provide the information specified in § 66-27-503, to the extent applicable and to the extent available, to any purchaser or prospective lender to a purchaser. If any of the information is not available within ten (10) business days following the date of the request, then it shall be provided at least ten (10) business days prior to closing of the sale of the unit.   The party requesting the information shall be entitled to rely on the information provided, unless the party has actual knowledge to the contrary.   Any request to be made or information to be provided under this part shall be provided in writing or by electronic means, which may include, without limitation, by email or posting to a web site and providing a link and access to the web site.
TN Code § 66-27-504 (2021)
2021 Tennessee Code|Title 66 - Property|Chapter 27 - Multiple Ownership of Property|Part 5 - Tennessee Condominium Act of 2008 — Units Restricted to Residential Purposes|§ 66-27-504. Declarant Liability

 If the declarant prepared or caused to be prepared all or a part of the information required by this part, the declarant may be held liable for any materially false or misleading statement, or for any material omission of any required information, with respect to that portion of the information that the declarant prepared. The declarant shall not be liable for:   Any false or misleading information or for any omission of material fact unless the declarant had actual knowledge of the statement or omission, or, in the exercise of reasonable care, should have known of the statement or omission; or   Following the end of the period of declarant control, failure of the association to provide information under § 66-27-503 that was prepared by the declarant.