Supreme Court issues ruling on Center Hill Lake short term rentals

October 18, 2023
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The Tennessee Supreme Court held Tuesday that a property owner using his home on Center Hill Lake as a short-term rental did not violate homeowner association restrictions requiring that homes be used for “residential and no other purposes.” However, the Court also held that the property owner’s short-term rentals did violate later amendments to the restrictions that impose a minimum lease term of 30 days.

The ruling affects Four Seasons, a housing development on Center Hill Lake in DeKalb County. FSD Corporation operates the Four Seasons homeowners’ association.

Pratik Pandharipande purchased a property in Four Seasons in 2015. The property was subject to restrictive covenants that stated the property must be used for “residential and no other purposes.” Pandharipande began leasing his property to third-parties exclusively on a short-term basis. His leases lasted between two and 28 days. In 2018, a majority of FSD’s shareholders amended the restrictive covenants by a majority vote. The amendments provided that property owners could lease their properties but imposed a minimum lease term of 30 days. Pandharipande continued to lease his property for terms of fewer than 30 days.

Pandharipande sued FSD and sought declaratory and injunctive relief. FSD counterclaimed and also sought declaratory and injunctive relief. Pandharipande argued that no restrictive covenant prohibited him from using his property for short-term rentals. FSD, by contrast, argued that both the original restrictive covenants and the 2018 amendments prohibited such use. The trial court granted summary judgment in favor of FSD, holding that Pandharipande’s short-term rentals violated the residential-purposes provision of the original restrictive covenants as well as the 2018 amendments. The Court of Appeals affirmed.

The Supreme Court granted Pandharipande’s application for permission to appeal.

The Court first considered whether the residential-purposes provision of the original covenants prohibited Pandharipande’s short-term rentals. The Court examined the text of the provision and concluded that, at best for FSD, the provision is ambiguous as to whether short-term rentals are allowed. Because restrictions on property use must be clear and unambiguous, the Court held that the residential-purposes provision does not prohibit Pandharipande from leasing his property for short terms.

The Court next considered the 2018 amendments. Pandharipande did not dispute that his short-term rentals would violate the provision imposing a minimum lease term of 30 days. He instead argued that his short-term rentals were permitted under the amendments’ grandfather clause, that amendments to restrictive covenants may not impose additional restrictions on property use, and that the amendments were arbitrary and capricious. The Court rejected those arguments and held that the 2018 amendments prohibited Pandharipande’s short-term rentals. The Court therefore affirmed the Court of Appeals in part, reversed in part, and remanded for further proceedings.

October 18, 2023
By: Dwayne Page

Heavens to Betsy!

How is it a sweet cuddlebug like “Betsy” doesn’t yet have a forever home?

Make her day and yours too by adopting “Betsy” at the DeKalb Animal Shelter. Her adoption fee has been reduced to only $80.

“Betsy is a 7-month-old Lab mix and she is super sweet,” said Shelter Director Emmaly Bennett. “Betsy came in here with her brother Justice and both are still here. We have had them since summer. We really want to find them a good home. Betsy has been spayed, micro-chipped, and is up to date on everything. She is just a sweet puppy. Betsy gets along well with kids and everyone else and she loves to walk and play”.

“If you are interested in adopting Betsy please check out the adoptable pet’s link on our website to fill out an application at https://www.dekalbanimalsheltertn.com/ and we will call you to come in and meet her,” she said.

The shelter is open Monday-Friday from 8 to 4 and Saturday from 8 to 12 at 186 Transfer Station Road. Phone 615-597-3647.

October 18, 2023
By:

The DeKalb Animal Coalition had an Italian night themed dinner and fundraiser, Thursday, October 12, at the beautiful Evins Mill Inn. Local businesses and residents came together to sponsor tables…C&S Farms/Realty Firm; DeKalb Animal Clinic, Dr. Amanda Dempsey; Market on Main; Sarah J. Cripps; Gayla Hendrix; Center Hill Realty; Hilton and Cathy Conger; First Bank; Sue Puckett and Jackie Vickers; Ken and Linda Coggins; Crede and Corina Colgan; Jeff and Daryl Moore. Music by Mack Garner, set the mood.

After an amazing Italian dinner, Charles Atnip led the live auction, with his wit, humor and enthusiasm, boosting sales! Honky Tonk National Golf provided golf packages, with the winners, Crede Colgan (who sold his hat for $500!), Hilton Conger, Tecia Puckett-Pryor, John Pryor, Tony Bishop. Linda Bishop and Melissa Knowles, each bought trips to Florida. Clark Adcock, C&S farms/the realty firm bought a diamond pendant and Todd Bates, Bates Construction, bought diamond earrings. Jewelry was donated by Jewelry Emporium, Cookeville. Many other winners from the silent auctions.

It was a great time for locals to get together for a very important cause. The Coalition wishes to express gratitude to Evins Mill for a wonderful dinner, warm hospitality, and generosity.

The shelter is filled to capacity, with expenses sky-rocketing. Just year-to-date the spay/neuter expense has been $26,000. The shelter needs several fundraisers a year to cover the expenses that are over and above the annual funding. DeKalb County has a serious animal welfare problem, eventually an expansion will be necessary; as well as, a replacement for their 2006 animal control truck. That’s where the generosity of our community fills those voids. If you would like to donate, please go to dekalbanimalsheltertn.com.

Next, will be the Haunted History Walking Tour, by Sarah J. Cripps. Come along if you dare Thursday and Saturday, October 26 & 28 starting at 6:30 p.m. each night. The cost is only $10 for adults and $7 for children 10 years of age and younger and all proceeds raised will be donated to the DeKalb Animal Coalition for the continued operation of the DeKalb Animal Shelter. The starting point of the tour each night is the Smithville First United Methodist Church Christian Fellowship Center, 100 West Church Street. Ticket sales start at 5:30 p.m. with complimentary refreshments. The tour begins at 6:30 p.m. Advance ticket sales are the at the law office of Sarah J. Cripps at 201 West Main Street Smithville.

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