THE PRESERVE AT FORREST CROSSING TOWNHOME ASSOCIATION, INC. v. MARSHA DEVAUGHN and KEENE PATTERSON - Articles

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Posted by: Tanja Trezise on Jan 31, 2013

Court: TN Court of Appeals

Attorneys 1:

Andrew Maloney, Nashville, Tennessee, for the appellants, Marsha DeVaughn and Keene Patterson.

Attorneys 2:

Keith H. Solomon, Brentwood, Tennessee, for the appellee, The Preserve at Forrest Crossing Townhome Association, Inc.

Judge(s): COTTRELL

A townhome owner and her tenant challenge an amendment adopted by the owner’s townhome association prohibiting the owner from leasing her unit to a third party. The owner purchased her unit before there were any restrictions on leasing individual units. The amendment was adopted in accordance with the Horizontal Property Act and in accordance with the documents governing the units where she lives. The trial court granted the association’s motion for summary judgment enjoining the owner from renting her townhome to a third party and requiring the tenant to vacate the unit. On appeal we conclude the amendment is enforceable and affirm the trial court’s judgment.

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