NASHVILLE – A Tennessee legislator is questioning the legality of a controversial bill seeking to wade into a battle between Tennessee homeowner associations and absentee corporate landlords over short-term rentals.
Rep. Bob Freeman, D-Nashville, is formally asking state Attorney General Herbert Slatery to issue a legal opinion on whether state lawmakers can “impair or eliminate the contractual terms” among homeowners under the bill “without violating the protections afforded by the Tennessee and U.S. Constitutions.”
Freeman also is asking Slatery to weigh in on whether the Legislature can “impair or eliminate deed restrictions and conditions under the proposed legislation without violating the protections afforded by the Tennessee and U.S. Constitutions.”
At issue are efforts by some homeowners associations – nonprofit organizations in subdivisions and planned communities that set and enforce rules for properties and residents – to alter rules involving large corporations buying homes to rent. They say absentee corporations are harming the character of developments, creating situations where homes are unkept and renters violate HOA rules, even committing crimes.