Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Holloway v. Tanasi Shores Owners Association

Court of Appeals of Tennessee, Nashville

May 6, 2019

WAYNE HOLLOWAY, ET AL.
v.
TANASI SHORES OWNERS ASSOCIATION, ET AL.

          Assigned on Briefs March 1, 2019

          Appeal from the Chancery Court for Sumner County No. 2014-CV-107 Joe H. Thompson, Judge Sitting By Interchange

         Wayne Holloway and Jerry Brewington ("Plaintiffs") appeal the April 20, 2018 order of the Chancery Court for Sumner County ("the Trial Court") finding and holding, inter alia, that Plaintiffs, not Tanasi Shores Owners Association and Timmons Property, Inc. ("Defendants"), are responsible for maintenance and repair of decks connected to their respective condominium units. We find and hold that Tenn. Code Ann. § 66-27-303 applies and that, pursuant to the declaration, decks and porches are part of the condominium unit, not common areas, making Plaintiffs responsible for maintenance and repair of the decks connected to their respective condominium units. We affirm the Trial Court's April 20, 2018 order.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed Case Remanded

          Bruce N. Oldham, Gallatin, Tennessee, for the appellants, Wayne Holloway and Jerry Brewington.

          Karl M. Braun and Nathaniel T. Gorman, Nashville, Tennessee, for the appellees, Tanasi Shores Owners Association and Timmons Property, Inc.

          D. MICHAEL SWINEY, C.J., delivered the opinion of the court, in which FRANK G. CLEMENT, JR., P.J., M.S. and KENNY W. ARMSTRONG, J, joined.

          OPINION

          D. MICHAEL SWINEY, CHIEF JUDGE

         Background

         Tanasi Shores condominium community was created in April of 1984 via a Master Deed of Tanasi Shores Phase I ("Master Deed") in accordance with Tenn. Code Ann. § 66-27-101, et seq. In pertinent part, the Master Deed provides: "Additionally, each Family Unit has a two car garage, a deck and porch, and Building #2 will feature a small courtyard." In August of 1984, a second phase of Tanasi Shores was created via Master Deed of Tanasi Shores, Phase II, which also contains the language "each Family Unit has a two car garage, a deck and porch." The Phase II Master Deed was incorporated into the Master Deed of Tanasi Shores Phase I in September of 1990, by language stating, in pertinent part: "The independent existence of the Phase II Master Deed shall hereby terminate in accordance with Grantor's original intent, so that the only remaining effective Master Deed with respect to the entire Tanasi Shores development shall be the Phase I Master Deed, as previously amended and as expanded by this instrument."

         In 2006, the bylaws for Tanasi Shores were amended via a document titled Tanasi Shores Owners Association Amendment to By-Laws and Restatement of Entire Bylaws as Amended ("2006 Bylaws"), which provides, as pertinent: "Additionally, while driveways, porches, decks, and appurtenances to a Unit shall remain 'common areas', each Owner of a unit shall have an exclusive easement to use the driveways, porches, decks and other similar appurtenances to his/her Unit for as long as his/her ownership is retained." The 2006 Bylaws defined decks as "wooden structures with floors attached to Single Family Units used for outdoor activities whether they are screened or covered." Porches were defined as "the exposed aggregate or wooden area immediately surrounding the Front Entrance to a Single Family Unit."

         For many years both before and after the enactment of the 2006 Bylaws, Defendants repaired and maintained the decks and porches of the Tanasi Shores condominium units ("Units" or "Unit"). In 2012, however, Defendants reevaluated the pertinent documents and determined that decks and porches were part of the Unit and that the maintenance and repair of decks and porches was the responsibility of the Unit owner. Upon a petition from the Unit owners, Defendants called a special meeting to discuss the issue of deck and porch maintenance. Ultimately, Defendants maintained the position that such maintenance and repairs were the responsibility of the Unit owner.

         In April of 2013, letters were sent to some Unit owners including Plaintiffs informing them of work needed on their decks and advising them of their obligation to have the repair work performed. In July of 2014, Plaintiffs[1] sued Defendants alleging that the policy change requiring owners to maintain and repair the decks connected to their respective condominium units violated the Master Deed and 2006 Bylaws. Plaintiffs sought, among other things, compensatory damages for costs incurred in repairing their respective decks.

         After a trial without a jury, the Trial Court entered its order on April 20, 2018 finding and holding, inter alia:

The court notes that there is an apparent conflict between the 2006 Bylaws, which provide that decks and porches are common areas to which unit owners have an exclusive easement, and the Master Deed, which provides that decks and porches are part of the Family Unit. The court finds that this conflict is governed by Section 303 of the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.