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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7238
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Where can I find a Tennessee law stating that HOA amenities

Customer Question

Where can I find a Tennessee law stating that HOA amenities must be provided for everyone, not just certain owners? My HOA fees are the same as everyone else's. I'm told that internet and phone are included in the HOA for everyone except me. Since the building is set up as a business account with Charter, it is not possible for me to even have internet and phone even by paying Charter for it on my own.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.
Actually, your situation is not one that involves any particular state law. It is a matter of general contract law. The CC&Rs (Organization Documents and By-laws) of the Condo, subdivision or whatever establishes what amenities are provided to the owners. They are legally enforceable contracts with the owners.A single owner cannot be denied those services while other members receive them. THe fact that the prior owner may have owed them money would be irrelevant, unless they had a valid lien filed before you bought your home. The remedy is a lawsuit against the HOA to compel it to live by the contract and provide the agreed upon services to all owners, including you. I hoope this answer is helpful and that you will post a positive rating for it. I will be away most of the weekend starting in about an hour, so if you have a follow up question, please be patient. I WILL get back to you by Sun. night.
Customer: replied 1 year ago.
But is there a law, federal or state, that says amenities are offered to all? A lawyer said it would costs thousands of dollars to sue. I've got to file a grievance with the HOA first. I'm assuming the board members who've already denied the service to me will decide the grievance. Just wanted to present everything I can. A lawyer in Alabama said there was a law in Alabama concerning this, but I need law that applies to Tennessee.
Expert:  Irwin Law replied 1 year ago.
But is there a law, federal or state, that says amenities are offered to all?
You're thinking of government programs which would require such equal treatment There is no such law governing private contracts. I'm sorry, but your only remedy is to either make peace with the HOA so that you get the service, or take them to court. You may try to file a claim with the Tennessee Attorney General Consumer Protection Division; however, I believe that they will confirm what I am telling you.
I know that this is not what you wanted to hear, but shooting the messenger, i.e. giving me a bad or poor service rating will not change the legal system in your favor.
Expert:  Irwin Law replied 1 year ago.
I have done some additional research and I find no specific Tenn. statute which deals with your precise complaint against the HOA. See: Tenn. Code § 66-27-605.
I hope that my Answer has been helpful. I hope that you will enter a positive rating for my Answer so that I can receive credit for assisting you. Thanks again for using JUST ANSWER.

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