Tennessee Code Annotated
Tenn. Code Ann. § 66-27-106 (2026)
Owner's rights - Exclusive and common
✓ current as of May 2026
- (a) An apartment owner shall have an exclusive ownership to the apartment and shall have a common right to share, with other co-owners, in the common elements of the property. Each co-owner may use the elements held in common in accordance with the purpose for which they are intended.
- (b) If a condominium owner is in compliance with the master deed and by-laws, the charter, and any rules and regulations of the horizontal property regime, then the council of co-owners may not deny that condominium owner use and enjoyment of the general common elements of the property.
Acts 1963, ch. 124, § 6; T.C.A., § 64-2706; Acts 2005, ch. 240, § 1.
Notes of Decisions
Cited in 2
cases, 1994–2004 · leading case: Ass'n of Owners of Regency Park Condos. v. Thomasson, 878 S.W.2d 560 (Tenn. Ct. App. 1994).
Ass'n of Owners of Regency Park Condos. v. Thomasson, 878 S.W.2d 560 (Tenn. Ct. App. 1994). “” Tenn.Code Ann. § 66-27-106 (1993). “The administration of every building constituted into horizontal property shall be governed by bylaws which shall be inserted in or appended to and recorded with the master deed or declaration, as the case may be.”
Donna Denton v. John Hahn, No. M2003-00342-COA-R3-CV (Tenn. Ct. App. Sept. 16, 2004). “17 Tenn. Code Ann. § 66-27-106 ; Master Deed § 1(r)-(s).”
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