Community Association Law

The firm represents numerous condominium and homeowner’s associations. For these nonprofit corporate entities, firm attorneys provide counsel regarding virtually every legal issue which arises for these clients. Legal matters include the formation, interpretation and amendment of governing documents, enforcement of restrictive covenants (in court if necessary) and issues related to corporate governance such as members’ voting rights and elections of directors. After the May 2010 flood, the firm actively worked with many affected associations, advising them on a myriad of issues including the obligation to repair flood damaged property, insurance issues and funding options presented by FEMA and the SBA. The firm also advises condominium association clients on the impact and application of the Tennessee Condominium Act of 2008 (which became effective January 1, 2009).

 

Real Estate Development

Firm attorneys draft restrictive covenants and HOA governing documents for real estate developers which are developing new real estate subdivisions in the Middle Tennessee area. The firm also works with developers on the annexation of additional phases into existing developments, the conveyance of common area from developers to homeowners associations and the transfer of control of homeowners associations from developers to homeowners.

 

Non-Profits, Associations and Charities

The firm has extensive experience representing non-profit associations, charitable organizations and their members.  Firm lawyers assist these organizations with formation, governance and relationships with federal, state and local government. The firm has experience representing charities organized for educational, religious, health, and scientific purposes as well as trade associations.  All firm lawyers have experience serving on non-profit boards and are familiar with the fiduciary duties required of board members.