354 S.W.3d 296
Tenn. Ct. App.2011Background
- HOA of Windsor Tower sued Harris for violations of Master Deed and Bylaws due to grossly unsanitary conditions in Harris's unit and offensive odor affecting common areas.
- HOA sought injunction, possession, unit sale, and attorney's fees; trial court ordered sale and awarded fees.
- Complaints began in summer 2008 after repeated resident odor complaints and manager observations of unsanitary conditions in Harris's unit.
- Biohazard cleanup firmCleaned Harris's unit; multiple experts concluded odor originated from the unit; substantial cleanup efforts followed.
- Odor and conditions recurred in 2009; Board obtained inspection access, implemented further remediation, and Harris contested access and remedies.
- Jury/bench trial in January 2010; court found violations, terminated Harris's right to occupy, and ordered judicial sale; fees affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether judicial sale is an unconstitutional taking | Harris argues sale constitutes eminent domain taking | HOA contends contract-based remedy under Master Deed, not a taking | Not a taking; remedy authorized by Master Deed under contract |
| Whether the Master Deed allows judicial sale as remedy for violations | Sale is permitted to cure violations and recover costs | Sale is appropriate given repeated violations and nuisance | Judicial sale authorized; proper remedy under Paragraph 20 |
| Whether trial court erred in recusal and summary judgment rulings | Recusal denied; summary judgment untimely | No abuse of discretion; local rules supported timing | No reversible error; rulings within trial court's discretion |
| Whether attorneys' fees were properly awarded post-settlement offer | Fees should be limited by settlement offer | Prevailing party entitlement under Master Deed; fees reasonable | Fees award affirmed; appeal on post-offer fees remanded for appellate costs |
Key Cases Cited
- Harris v. 4215 Harding Road Homeowners Ass'n, 74 S.W.3d 359 (Tenn. Ct. App. 2001) (association remedies under master deed; encumbrance on unit)
- Regency Park Ass'n v. Thomasson, 878 S.W.2d 560 (Tenn. Ct. App. 1994) (covenants/maintenance obligations; enforceability in property associations)
- Brooks v. Brooks, 992 S.W.2d 403 (Tenn. Ct. App. 1999) (credibility and deference to trial court findings; independent review when no findings)
- Estate of Walton v. Young, 950 S.W.2d 956 (Tenn. 1997) (credibility/deference; standard of review for factual findings)