(a) A master deed, or lease or declaration shall be recorded in the same manner and subject to the same law as are deeds. Plats may likewise be recorded as in the case of recordation of plats as provided by law.

Terms Used In Tennessee Code 66-27-107

  • apartment: includes the private element. See Tennessee Code 66-27-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • General common elements: means and includes:
    (A) The land, whether leased or in fee simple, on which the building stands. See Tennessee Code 66-27-102
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Limited common elements: means and includes those common elements which are agreed upon by all of the co-owners to be reserved for the use of a certain number of apartments to the exclusion of the other apartments, such as special corridors, stairways and elevators, sanitary services common to the apartments of a particular floor, and the like. See Tennessee Code 66-27-102
  • Private elements: means and includes the lot area upon which an apartment is located and the improvements located thereon, as described in the declaration, and for which fee simple ownership and exclusive use is reserved to that apartment only. See Tennessee Code 66-27-102
  • Property: means and includes the land whether leasehold or in fee simple and the building, all improvements and structures thereon and all easements, rights and appurtenances belonging to such land. See Tennessee Code 66-27-102
(b) A master deed, or lease or declaration or the plat, or any combination of them, to which § 66-27-103 refers shall express the following particulars:

(1) The description of the land, whether leased or in fee simple, and the building, expressing their respective areas;
(2) The general description and number of each apartment, expressing its area, location and any other data necessary for its identification;
(3) The description of the general common elements of the building, and the limited common elements of the building, and the private elements of the property; and
(4) Bylaws for the administration of the building as in §§ 66-27-111 and 66-27-112 provided.
(c) The common elements, both general and limited, shall remain undivided and shall not be the object of an action for partition or division of co-ownership.
(d) The declaration shall provide that each owner of a private element shall own a pro rata share of the total membership in the townhouse corporation.
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