(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.

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Terms Used In Tennessee Code 66-27-106

  • apartment: includes the private element. See Tennessee Code 66-27-102
  • Co-owner: means a person, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof, which owns an apartment or apartments within the building. See Tennessee Code 66-27-102
  • Condominium: means the ownership of single units in a multiple unit structure or structures with common elements. See Tennessee Code 66-27-102
  • Council of co-owners: means all the co-owners as defined in subdivision (a)(4). See Tennessee Code 66-27-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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
  • 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) 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.