| 1 | 1 | | |
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| 2 | 2 | | <BillNo> <Sponsor> |
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| 3 | 3 | | |
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| 4 | 4 | | SENATE BILL 1013 |
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| 5 | 5 | | By Oliver |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | SB1013 |
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| 9 | 9 | | 001345 |
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| 10 | 10 | | - 1 - |
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| 11 | 11 | | |
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| 12 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 13 |
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| 13 | 13 | | and Title 66, relative to restrictions on the use of |
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| 14 | 14 | | property. |
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| 15 | 15 | | |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Title 66, Chapter 27, is amended by adding |
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| 18 | 18 | | the following as a new part: |
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| 19 | 19 | | 66-27-901. |
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| 20 | 20 | | As used in this part: |
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| 21 | 21 | | (1) "Declaration" means an instrument, however denominated, that |
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| 22 | 22 | | creates a homeowners' association, and amendments to that instrument, |
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| 23 | 23 | | including restrictive covenants, bylaws, and similar instruments governing the |
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| 24 | 24 | | administration or operation of a homeowners' association; |
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| 25 | 25 | | (2) "Family child care home" has the same meaning as defined in ยง 71-3- |
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| 26 | 26 | | 501; and |
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| 27 | 27 | | (3) "Homeowners' association" means an incorporated or unincorporated |
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| 28 | 28 | | association owned by, or whose members consist primarily of, the owners of the |
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| 29 | 29 | | residential property covered by the declaration and through which the owners, or |
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| 30 | 30 | | the board of directors or similar governing body, manage or regulate the |
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| 31 | 31 | | residential subdivision. |
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| 32 | 32 | | 66-27-902. |
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| 33 | 33 | | If a proposed family child care home obtains the necessary license from the |
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| 34 | 34 | | department of human services and any necessary permits or license from the local |
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| 35 | 35 | | government entities with jurisdiction over the location where the family child care home |
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| 36 | 36 | | |
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| 37 | 37 | | |
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| 38 | 38 | | - 2 - 001345 |
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| 39 | 39 | | |
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| 40 | 40 | | is proposed to be sited, then any restrictions on the operation of a family child care home |
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| 41 | 41 | | that may be in a declaration applicable to the property where the family child care home |
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| 42 | 42 | | is proposed to be sited are void, of no effect, and must not be enforced by the |
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| 43 | 43 | | homeowners' association. |
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| 44 | 44 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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