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TOPIC:
#18652
TENNESSEE court upheld a judicial EXPULSION/ UNIT SALE for hoarding/ biohazards/obstruction 2016/12/21 11:30  
1- Even with America's 5th & 14th amendments addressing undue deprivation of property by government, condos & HOAs ain't hospices. 19th & 18th century legislators didn't share elevators . . . But sometimes disputes might -might- go into a Twilight Zone when 'state agency'/court orders etc are part of enforcement.

2 - Cited - as a not common USA condo expulsion & forced sale - in upcoming Osgoode Hall Law Journal article.

More details at http://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=18651&catid=2 )

“4215 Harding Road Homeowners Association v Stacy Harris, 354 SW (3d) 296 (Tenn Ct Appeal 2011) http://caselaw.findlaw.com/tn-court-of-appeals/1126132.html

( There had been earlier litigation over then-owner Stacy Harris' claim of over-assessment of fees based on alleged miscalculation of her Nashville unit’s area. She lost in Stacy Harris v Harding Road HOA Appeals Court 2001 : affirmed rejection of her claim alleging 20 prior years of overpayment. )

Flash forward 10 years to 3 Tennessee Appeals decisions including rejecting her appeal as SRL ousting her & ordering unit sale for hoarding & gross bio-hygienic dangers whose safe remedy she is held to have refused or obstructed. These appeal decisions include :

4215 HARDING ROAD HOMEOWNERS v. HARRIS (2011) TENN Ct of Appeals upholds lower court ordering the SRL’s unit sold & her expulsion
http://www.leagle.com/decision/In%20TNCO%2020110418301/4215%20HARDING%20ROAD%20HOMEOWNERS%20v.% 20HARRIS

summarized abstract : “ The Homeowners' Association of a high-rise condominium building filed this action against an owner/occupant of a condominium unit alleging she was in violation of the Master Deed and Bylaws due to grossly unsanitary conditions in the defendant's unit and extremely offensive odors that emanated from her unit into common areas.

The Association requested that the defendant's condominium unit be sold at a judicial sale and that it be awarded its attorneys' fees.

The trial court found the defendant's acts and omissions violated the Master Deed and Bylaws and that the Association was entitled to the relief it requested; accordingly, the court ordered that the unit be sold and awarded $116,037.77 in attorneys' fees against the defendant. We affirm the trial court in all respects.”

4215 HARDING ROAD HOMEOWNERS' ASSOCIATION v. HARRIS 2013 still SRL, fights costs . . .

http://www.leagle.com/decision/In%20TNCO%2020131001723/4215%20HARDING%20ROAD%20HOMEOWNERS'% 20ASSOCIATION%20v.%20HARRIS

Xcrpt 2013 :

“. . . former owner of condominium unit which was ordered sold after being determined to constitute a nuisance . .

. This is the third appeal in this case. In the first appeal, we affirmed the trial court's holding that grossly unsanitary conditions in Ms. Harris' condominium unit violated the Master Deed and By-Laws of the condominium and granted the Homeowner Association's request that her unit be sold. 4215 Harding Road Homeowners Association v. Harris, 354 S.W.3d 296 (Tenn. Ct. App. 2011) (Harris I).

In the second appeal, we affirmed the trial court's order enjoining Ms. Harris from purchasing another unit in the condominium complex. 4215 Harding Road Homeowners Association v. Harris, No. M2011-02763-COA-R3-CV, 2012 WL 6571040 (December 14, 2012) (Harris II). While Harris II was on appeal, Ms. Harris' unit was sold and the proceeds of $85,000 paid into court. . . ."
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