reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 2 - TENNESSEE CONDOMINIUM ACT OF 2008 - GENERAL PROVISIONS (§§ 66-27-201 — 66-27-211) › Section 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.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 2 - TENNESSEE CONDOMINIUM ACT OF 2008 - GENERAL PROVISIONS (§§ 66-27-201 — 66-27-211) › Section 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.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-301 - Creation of condominium

(a)
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
.
(b)
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.
Amended by 2015 Tenn. Acts, ch. 356,s 3, eff. 5/4/2015.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-302 - Unit boundaries

Except as provided by the declaration:
(1)
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;
(2)
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;
(3)
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
(4)
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.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-303 - Construction and validity of declaration and bylaws

(a)
All provisions of the declaration and bylaws are severable.
(b)
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)
.
(c)
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.
(d)
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.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 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.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-305 - Contents of declaration

(a)
The declaration for a condominium must contain:
(1)
The name of the condominium, which must include the word "condominium" or be followed by the words "a condominium", and the association;
(2)
The name of every county in which any part of the condominium is situated;
(3)
A legally sufficient description of the real estate included in the condominium, including a recital pursuant to §
66-24-110
;
(4)
A description of the boundaries of each unit created by the declaration, including the unit's identifying number;
(5)
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)
;
(6)
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;
(7)
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;
(8)
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;
(9)
Any conditions or limitations under which the rights described in subdivision (a)(7) may be exercised or will lapse;
(10)
An allocation to each unit of the allocated interests in the manner described in §
66-27-307
;
(11)
Any restrictions on use, occupancy, and alienation of the units; and
(12)
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)
.
(b)
The declaration may contain any other matters the declarant deems appropriate.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-306 - Leasehold condominiums

(a)
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:
(1)
The recording data;
(2)
The date on which the lease is scheduled to expire;
(3)
A legally sufficient description of the real estate subject to the lease;
(4)
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;
(5)
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
(6)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-307 - Allocation of common element interests, votes, and common expense liabilities

(a)
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.
(b)
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.
(c)
(1)
The declaration may provide:
(A)
That different allocations of votes shall be made to the units on particular matters specified in the declaration;
(B)
For cumulative voting only for the purpose of electing members of the board of directors; and
(C)
For class voting on specified issues affecting the class if necessary to protect valid interests of the class.
(2)
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.
(d)
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.
(e)
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.
(f)
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
.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-308 - Allocation of limited common elements

(a)
(1)
Except for the limited common elements described in §
66-27-302(2) and (4)
, the declaration shall specify either:
(A)
To which unit or units each limited common element is allocated; or
(B)
Which common elements or limited common elements may be allocated or licensed by conveyance from the declarant.
(2)
The allocation may not be altered without the consent of the unit owners whose units are affected.
(b)
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.
(c)
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.
(d)
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
.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-310 - Exercise of development rights

(a)
To exercise any development right reserved under §
66-27-305(a)(7)
, the declarant shall prepare, execute, and record an amendment to the declaration pursuant to §
66-27-317
and comply with §
66-27-309
. The declarant is the unit owner of any units thereby created. The amendment to the declaration must assign an identifying number to each new unit created, and, except in the case of subdivision or conversion of units described in subsection (b), reallocate the allocated interests among all units. The amendment must describe any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by §
66-27-308
.
(b)
Development rights may be reserved within any real estate added to the condominium if the amendment adding that real estate includes all matters required by §
66-27-305
or §
66-27-306
, as the case may be, and the plats and plans include all matters required by §
66-27-309
. This subsection (b) does not extend any time limit on the exercise of development rights imposed by the declaration.
(c)
Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units or common elements, or both:
(1)
If the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain pursuant to §
66-27-207
;
(2)
If the declarant subdivides the unit into two (2) or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.
(d)
If the declaration provides, pursuant to §
66-27-305(a)(7)
, that all or a portion of the real estate is subject to the development right of withdrawal:
(1)
If all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and
(2)
If a portion or portions are subject to withdrawal, no portion may be withdrawn after a unit in that portion has been conveyed to a purchaser.
Acts 2008 , ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-311 - Alterations of units

Subject to the declaration and other law, a unit owner:
(1)
May make any improvements or alterations to the unit owner's unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium;
(2)
May not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without permission of the association; and
(3)
After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures in the intervening partition, even if the partition, in whole or in part, is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this subdivision (3) is not an alteration of boundaries. The owner of any adjoining unit affected by the removal of partitions or creation of apertures shall have the right to restore the removed partitions to their original condition or to close any apertures created.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-312 - Relocation of boundaries between adjoining units

(a)
Subject to the declaration and other law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the board of directors determines within thirty (30) days that the reallocations are unreasonable, the association shall prepare an amendment, at the expense of the affected unit owners, that identifies the units involved, states the reallocations, is executed by those unit owners and the association, to evidence compliance with this subsection (a), contains words of conveyance between the affected unit owners, and upon recordation, is indexed in the name of the grantor and the grantee.
(b)
The association shall prepare and record plats or plans necessary to show the altered boundaries between adjoining units, and their dimensions and identifying numbers, at the expense of the applicant owners.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-313 - Subdivision of units

(a)
In addition to any development rights relating to the subdivision of units that may be reserved to the declarant, if the declaration expressly so permits, a unit owner may subdivide a unit into two (2) or more units. Subject to the declaration and other law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute, and record an amendment to the declaration, including the plats and plans, subdividing that unit, at the expense of the owner of the unit to be subdivided.
(b)
The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-314 - Monuments as boundaries

The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the original plats and plans of the unit become its boundaries rather than the metes and bounds expressed in the deed or plat or plan, regardless of settling or lateral movement of the building, or minor variance between boundaries shown on the plats or plans or in the deed and those of the building. This section does not relieve a unit owner of liability in case of the owner's willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to the plats and plans.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-315 - Use for sales purposes

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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-316 - Easement rights

Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging the declarant's obligations or exercising special declarant rights, whether arising under part 1, this part and parts 4 and 5 of this chapter or reserved in the declaration.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-317 - Amendment of declaration

(a)
Except in cases of amendments that may be executed by a declarant under §
66-27-309(f)
or §
66-27-310
, the association under §
66-27-207
, §
66-27-306(d)
, §
66-27-308(c)
, §
66-27-312(a)
, or §
66-27-313
, or certain unit owners under §
66-27-308(b)
, §
66-27-312(a)
, §
66-27-313(b)
, or §
66-27-318(b)
, and except as limited by subsections (d) or (e) of this section, the declaration, including the plats and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent (67%) of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.
(b)
No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one (1) year after the amendment is recorded.
(c)
Every amendment to the declaration must be recorded in every county in which any portion of the condominium is located, and is effective only upon recordation. An amendment 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 the parties executing the amendment.
(d)
Except to the extent expressly permitted or required by part 1, this part and parts 4 and 5 of this chapter, no amendment may change the boundaries of any unit, or the allocated interests of a unit, or prohibit the leasing of any unit, in the absence of the consent of all affected unit owners.
(e)
Except to the extent expressly permitted or required by part 1, this part and parts 4 and 5 of this chapter, no amendment may increase special declarant rights without the consent of sixty-seven percent (67%) of the votes of the association other than the declarant.
(f)
Amendments to the declaration required by part 1, this part and parts 4 and 5 of this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-319 - Rights of secured lenders

The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to deny or delegate control over the general administrative affairs of the association by the unit owners or the board of directors, or prevent the association or the board of directors from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds except pursuant to §
66-27-413
.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-320 - Obligation to complete or restore

The declarant or unit owner or owners, as applicable, shall promptly repair and restore, to a condition compatible with the remainder of the condominium, any portion of the condominium affected by the exercise of rights reserved or created by §§
66-27-310
- 66-27-313, 66-27-315 and 66-27-316.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-321 - Master associations

(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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-322 - Submission of a unit to an additional declaration

(a)
A unit may be submitted to an additional declaration creating a new condominium if the submittal is permitted by the declaration creating the unit.
(b)
The submission of a unit to an additional declaration shall not be deemed a subdivision of a unit under §
66-27-313
.
(c)
Upon the submittal of a unit to an additional declaration, the following shall apply:
(1)
The appurtenant interest of the unit in the common elements shall be allocated to the units created under the additional declaration pursuant to the terms of the additional declaration;
(2)
The association under the additional declaration shall pay all assessments due with respect to the unit submitted to an additional declaration and may exercise any of the rights that may be exercised by the owner of the unit;
(3)
The lien for assessments in favor of the association created under the original declaration shall not attach to any unit created under an additional declaration if the owner of the unit has paid the unit's share of the assessment to either the association created under the original declaration or to the association created under the additional declaration;
(4)
The units created under an additional declaration shall be subject to the terms and conditions of the original declaration, as it may be supplemented by the additional declaration; and
(5)
Members of the board of directors of the association created under the original declaration may be elected in any of the following ways specified in the original declaration:
(A)
All unit owners of units created under the original declaration shall elect all members of the board of directors and the vote of any unit subject to an additional declaration shall be cast by a representative of the association created under the additional declaration;
(B)
The board of directors of any association created under an additional declaration may elect specified members of the board of directors under the original declaration;
(C)
Specified members of the board of directors or specified officers of the association created by the additional declaration may be deemed elected as specified members of the board of directors under the original declaration; or
(D)
Any other manner provided in the original declaration permitted under the laws applicable to nonprofit corporations.
(d)
Any unit created by submitting a unit to an additional declaration may be further submitted to an additional declaration subject to this section if permitted pursuant to all declarations applicable to the unit.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 3 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNITS AND ALLOCATION OF COMMON AND LIMITED ELEMENTS (§§ 66-27-301 — 66-27-323) › Section 66-27-323 - Merger or consolidation of condominiums

(a)
Any two (2) or more condominiums, by agreement of the unit owners as provided in subsection (b), may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium is, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association, which shall hold all powers, rights, obligations, assets and liabilities of all preexisting associations.
(b)
An agreement of two (2) or more condominiums to merge or consolidate pursuant to subsection (a) must be evidenced by an agreement prepared, executed, recorded and certified by the president of the association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium, or such other percentage of votes as may be required by the declarations of each of the merging condominiums. Any such agreement must be recorded in every county in which a portion of the condominium is located and is not effective until recorded.
(c)
Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium, either by stating the reallocations or the formulas upon which they are based or by stating the percentage of overall allocated interests of the new condominium that are allocated to all of the units comprising each of the preexisting condominiums, and providing that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting condominium must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominium.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 4 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNIT OWNERS' ASSOCIATION (§§ 66-27-401 — 66-27-418) › Section 66-27-401 - Organization of unit owners' association

A unit owners' association must be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of all former unit owners entitled to distributions of proceeds under §
66-27-318
, or their heirs, successors, or assigns. The association shall be organized as a profit or nonprofit corporation or limited liability company or, in the case of a condominium with four (4) or fewer units that is not a master association, the association may be organized as an unincorporated association.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 4 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNIT OWNERS' ASSOCIATION (§§ 66-27-401 — 66-27-418) › Section 66-27-402 - Powers of unit owners' association

(a)
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:
(1)
Adopt and amend bylaws, and rules and regulations;
(2)
Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners;
(3)
Hire and discharge managing agents and other employees, agents, and independent contractors;
(4)
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;
(5)
Make contracts and incur liabilities;
(6)
Regulate the use, maintenance, repair, replacement, and modification of common elements;
(7)
Cause additional improvements to be made as a part of the common elements;
(8)
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
;
(9)
Grant easements, leases, licenses, and concessions through or over the common elements;
(10)
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;
(11)
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;
(12)
Impose reasonable charges for the preparation and recordation of amendments to the declaration or the provision of information required by §
66-27-502
;
(13)
Impose reasonable charges for services rendered in connection with the transfer of a unit;
(14)
Provide for the indemnification of its officers and members of its board of directors and maintain directors' and officers' liability insurance;
(15)
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;
(16)
Exercise any other powers conferred by the declaration or bylaws;
(17)
Exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and
(18)
Exercise any other powers necessary and proper for the governance and operation of the association.
(b)
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.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 4 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNIT OWNERS' ASSOCIATION (§§ 66-27-401 — 66-27-418) › Section 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.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 4 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNIT OWNERS' ASSOCIATION (§§ 66-27-401 — 66-27-418) › Section 66-27-406 - Bylaws

(a)
The bylaws of the association must provide for:
(1)
The number of members of the board of directors and the titles of the officers of the association;
(2)
Election by the board of directors of a president, secretary, and any other officers of the association the bylaws specify;
(3)
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;
(4)
Which, if any, of its powers the board of directors or officers may delegate to other persons or to a managing agent;
(5)
Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and
(6)
The method of amending the bylaws.
(b)
Subject to the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 4 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNIT OWNERS' ASSOCIATION (§§ 66-27-401 — 66-27-418) › Section 66-27-407 - Upkeep of condominium

(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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 4 - TENNESSEE CONDOMINIUM ACT OF 2008 - UNIT OWNERS' ASSOCIATION (§§ 66-27-401 — 66-27-418) › Section 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.
Acts 2008, ch. 766, § 1.