66-27-402 - Powers of unit owners' association. - Tennessee Statutes

66-27-402. Powers of unit owners' association.

(a)  Except as provided in subsection (b), and subject to the provisions of 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.]