GarnettB (Tennessee)
Posts: 1
Posts: 1
Posted:
Does anyone in Tennessee know if a PUD falls under the Tennessee Horizontal Property Act Parts 2-5?
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Planned Unit Development (PUDs)
Started by GarnettB • 1 replies • 1624 views
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TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Hi Garnett.
Welcome to the forum.
PUDs is a term applied to both HOAs and COAs (single family homes and Condominiums).
The TN Horizontal Property Act, TN Code Title 66, Chapter 37, applies to Condominiums.
The Tennessee Nonprofit Corporation Act, TN Code Title 48, Chapter 51, applies to both HOAs and COAs, providing that they are incorporated as a nonprofit (most are but check to be sure).
The Prohibition of Covenants Providing for Transfer Fees Act of 2011, TN Code Title 66, Chapter 37, also applies to both HOAs and COAs.
You can obtain access to the TN Code via Lexis Nexis:
http://www.lexisnexis.com/hottopics/tncode/
Therefore, the answer to your question would be: If your PUD is a condominium, then the Horizontal Property Act would apply. If your PUD is not a condominium, it would not.
If you are in an HOA, depending on the actual issue, there may be something within the corporate code that may assist you.
Tim
Welcome to the forum.
PUDs is a term applied to both HOAs and COAs (single family homes and Condominiums).
The TN Horizontal Property Act, TN Code Title 66, Chapter 37, applies to Condominiums.
The Tennessee Nonprofit Corporation Act, TN Code Title 48, Chapter 51, applies to both HOAs and COAs, providing that they are incorporated as a nonprofit (most are but check to be sure).
The Prohibition of Covenants Providing for Transfer Fees Act of 2011, TN Code Title 66, Chapter 37, also applies to both HOAs and COAs.
You can obtain access to the TN Code via Lexis Nexis:
http://www.lexisnexis.com/hottopics/tncode/
Therefore, the answer to your question would be: If your PUD is a condominium, then the Horizontal Property Act would apply. If your PUD is not a condominium, it would not.
If you are in an HOA, depending on the actual issue, there may be something within the corporate code that may assist you.
Tim
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