HOA Laws in Tennessee

Tennessee does not have a single comprehensive homeowners association statute for single-family planned communities. Condominiums are governed by the Tennessee Condominium Act of 2008, found in Title 66, Chapter 27 of the Tennessee Code. Most other HOAs are governed by their recorded documents and by corporate law. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing framework

If your community is a condominium, the Tennessee Condominium Act of 2008 controls most operations, including creation, management, and termination. If your community is a single-family HOA, there is no detailed statewide HOA code, so your recorded declaration of covenants (CC&Rs) and bylaws carry significant weight. Most Tennessee HOAs are incorporated as nonprofit corporations, so the Tennessee Nonprofit Corporation Act (Section 48-51-101 and following) governs corporate matters such as member and board meetings, director duties, quorum, and voting.

Meetings and records

For single-family HOAs, meetings, notice, and records access are governed mainly by the bylaws and by the Nonprofit Corporation Act, which gives members certain inspection rights. Condominium associations follow the meeting and records provisions of the Condominium Act.

Elections and voting

Directors are elected by the members as provided by the bylaws and the corporation act, with notice, quorum, proxy, and ballot procedures following the governing documents.

Assessments, liens, and foreclosure

Condominium associations may place and enforce a lien for unpaid assessments under the Condominium Act. Single-family HOAs derive their assessment and lien authority mainly from their governing documents, enforced under general Tennessee law. Boards typically involve an attorney for liens and foreclosure.

Fines and enforcement

For most Tennessee HOAs, the authority to fine comes from the governing documents rather than a detailed state statute, and Tennessee does not set a statewide fine cap. Boards should confirm their documents authorize fines and should provide fair notice and an opportunity to be heard.

Reserves and budgets

Tennessee does not impose a statewide reserve-study or reserve-funding mandate on HOAs. Budgeting and reserve practices follow the community's documents, and funding reserves for major repairs remains a widely recommended practice.

Owner protections on common restrictions

Tennessee provides limited statutory owner protections, so the community's recorded restrictions largely control what owners may and may not do. Owners and boards should read the CC&Rs carefully and confirm any applicable state limits.

Where to get official help

The Tennessee Condominium Act appears in Title 66, and the Nonprofit Corporation Act appears in Title 48. Because Tennessee leaves much to the governing documents, consulting a Tennessee attorney experienced in community association law is especially valuable.