Tennessee Amends Condominium Lien Law to Clarify Lack of Superpriority Right

On April 19, 2016, Tennessee Governor Bill Haslam signed HB 2401, amending Tennessee’s condominium statue to make it clear that condominium associations cannot acquire a “superpriority” lien that trumps a first security interest on the same property. As a result of the amendment, it is now clear that under Tennessee law a condominium only has a “payment priority” interest – that is, the right to receive six months’ worth of delinquent common expense assessments owed by a unit’s owner when the mortgagee forecloses on the property.   Read the article…….


Related Articles

HOA Winning $1,881 In Damages Against Homeowner Also Was Entitled To Attorney’s Fees Of $201,750 (CA)

We do not really need to get into the specifics of Mustafa v. Mountain View Park Homeownerss Assn., Inc., Case

U.S. Supreme Court ruling preserving second mortgages in Chap. 7 bankruptcies exposes flaw in bankruptcy code for community associations

The recent decision by the U.S. Supreme Court in the case of Bank of America v. Caulkett represents an important

Washington Court of Appeals Resolves Road Maintenance Agreement Dispute

The Court went on to consider the issue of whether the road maintenance agreement could be amended by majority vote.