Tennessee Condo Purchaser BOD Attendance Rights

L.P. from Tennessee writes:

Dear Mister Condo,

I live in Tennessee and am thinking about purchasing a Condo. Are the Board of Director meetings open to the public?

Mister Condo replies:

L.P., thank you for writing. I am not an expert in Tennessee condo law nor am I an attorney so please consider my advice as friendly and not legal. For a legal opinion, kindly consult with a local attorney who is an expert is Tennessee condominium law. You can find a great list of such folks at the CAI Tennessee website at https://www.caitenn.org/business-partners/#!directory/tag=attorney .

That being said, Board of Director meetings are generally open only to existing unit owners unless an association’s governing documents say otherwise. Unless there is a specific time period for unit owners to speak, even they may only observe and not comment. Only Board members are allowed to vote at Board meetings. The Annual Homeowners meeting follows similar convention although there are more periods for unit owner comment and opportunity for all unit owners to vote. Again, unless the rules state elsewise, non-unit owners are not allowed at the Annual Homeowners meeting either.

Tennessee did pass an interesting law in 2008 called the Tennessee Condominium Act of 2008 which does give access to a great deal of association information to prospective unit owners like yourself, L.P.. The association can charge a “reasonable fee” for this information but there is no reason you can’t request whatever information you feel you need to make a good decision about your purchase. I wish you all the best!