Tennessee HOA & Condominium Law
26 active Tennessee statutes govern homeowners associations and condominiums in the state. The corpus encodes 88 specific requirements across governance, finance, reserves, disclosure, and enforcement.
Resale Certificate Compliance
9 disclosures required
TN
Every common interest community in Tennessee
is governed by
Tenn. Code Ann. §66-27-502
(TN Condominium Disclosure (2008 Act)).
Tennessee law requires 9 specific disclosures when a unit is sold.
The certificate must be delivered within 10 days of request.
- Name and principal address of declarant, association, and condominium Tenn. Code Ann. §66-27-502(1)
- Recorded master deed/declaration, bylaws, charter/articles, and all amendments Tenn. Code Ann. §66-27-502(2)
- Current rules and regulations of the association Tenn. Code Ann. §66-27-502(3)
- Most recent balance sheet, income statement, and approved budget Tenn. Code Ann. §66-27-502(4)
- Statement of insurance coverage maintained by the association Tenn. Code Ann. §66-27-502(5)
- Unsatisfied judgments and pending suits against the association Tenn. Code Ann. §66-27-502(6)
- Pending suits filed by the association (other than collection suits) Tenn. Code Ann. §66-27-502(7)
- Total amount of current assessments more than 60 days past due Tenn. Code Ann. §66-27-502(8)
- Whether the board is still under declarant control Tenn. Code Ann. §66-27-502(9)
Industry incumbents (HomeWiseDocs, CondoCerts) charge residents $250–$400 per resale certificate.
Under Tenn. Code Ann. §66-27-502, the fee must reflect actual cost — preparation, procurement, reproduction, and delivery — itemized, with no padding permitted. With CommunityPay, the board issues the certificate directly from live ledger data, so the actual cost is near zero. Residents typically save $250–$400 per closing.
What Tennessee Law Requires
Governance (41)
- Tennessee also has a right to repair law (§§66-36-101 et seq.) requiring homeowners to provide written notice to contractors before filing litigation, giving contractors an opportunity to inspect and cure. Tenn. Code Ann. §28-3-202
- Covers formation, board of directors and officers, meetings and voting, records, dissolution, and member rights. Tenn. Code Ann. §48-51-101
- The Tennessee Nonprofit Corporation Act (Title 48, Chapters 51-68) is the primary governance framework for HOAs incorporated as nonprofit corporations. Tenn. Code Ann. §48-51-101
- HOA bylaws and declarations fill the gaps that the Nonprofit Corporation Act does not address. Tenn. Code Ann. §48-51-101
- Since Tennessee has no comprehensive HOA-specific statute, this Act provides the default rules for HOA governance including meeting notice, quorum, proxy voting, director duties, and member inspection rights. Tenn. Code Ann. §48-51-101
- The original Tennessee condominium statute (enacted 1963). Tenn. Code Ann. §66-27-101
- Governs condominiums created before January 1, 2009. Tenn. Code Ann. §66-27-101
- Part 1 (§§66-27-101 through 66-27-123) covers: establishment of horizontal property regimes and planned unit developments (§66-27-102), ownership and building codes (§66-27-103), co-owner rights (§66-27-105), master deed recording (§66-27-106), bylaws (§66-27-110-111), prorated expenses (§66-27-113), expense liens (§66-27-115), building insurance (§66-27-116), reconstruction (§66-27-117-118), and notice to tenants of conversion (§66-27-122-123). Tenn. Code Ann. §66-27-101
- For pre-2009 condominiums, several provisions of the 2008 Act apply retroactively (see §66-27-202(a)). Tenn. Code Ann. §66-27-101
- Defines the applicability of the Tennessee Condominium Act of 2008 (Parts 2-5). Tenn. Code Ann. §66-27-202
- The full Act applies to all condominiums created after January 1, 2009. Tenn. Code Ann. §66-27-202
- Pre-2009 condominiums may opt in to the full Act by amending their master deed and bylaws. Tenn. Code Ann. §66-27-202
- Certain powers (subsections (a)(1)-(6) and (11)-(16)) apply retroactively to pre-2009 condominiums per §66-27-202(a). Tenn. Code Ann. §66-27-402
- Enumerates the powers of the unit owners' association. Tenn. Code Ann. §66-27-402
- Board members appointed by the declarant must exercise the care required of fiduciaries; elected board members must exercise ordinary and reasonable care. Tenn. Code Ann. §66-27-403
- The board may fill vacancies for unexpired terms. Tenn. Code Ann. §66-27-403
- Establishes board structure, duties, and the declarant control transition. Tenn. Code Ann. §66-27-403
- The board may act on behalf of the association except: amending the declaration, terminating the condominium, or determining board composition/terms. Tenn. Code Ann. §66-27-403
- Not later than one hundred twenty (120) days after conveyance of twenty-five percent (25%) of the units Tenn. Code Ann. §66-27-403 (c)
- One hundred twenty (120) days after conveyance of seventy-five percent (75%) of the units to unit owners other than a declarant Tenn. Code Ann. §66-27-403 (d)
- Five (5) years after the conveyance of the first unit to a purchaser Tenn. Code Ann. §66-27-403 (d)
- Governs the transfer of special declarant rights. Tenn. Code Ann. §66-27-404
- Relevant to the developer transition process for new condominiums. Tenn. Code Ann. §66-27-404
- Provides for termination of contracts and leases entered into by the declarant or the association during the period of declarant control. Tenn. Code Ann. §66-27-405
- Notice must include time, place, method of attendance, and agenda items including the general nature of any proposed amendment, budget changes, or proposal to remove a director or officer. Tenn. Code Ann. §66-27-408
- Special meetings may be called by the president, a majority of the board, or by unit owners holding 20% of the votes (or lower percentage specified in bylaws). Tenn. Code Ann. §66-27-408
- Notice of any meeting (annual or special) must be given not less than 10 nor more than 60 days in advance by hand-delivery, prepaid US mail, facsimile, electronic means, or other method authorized by the declaration. Tenn. Code Ann. §66-27-408
- Not less than ten (10) nor more than sixty (60) days in advance of any meeting Tenn. Code Ann. §66-27-408 (a)
- Not less than ten (10) nor more than sixty (60) days in advance of any meeting Tenn. Code Ann. §66-27-408 (a)
- Unit owners having twenty percent (20%), or any lower percentage specified in the bylaws, of the votes in the association Tenn. Code Ann. §66-27-408 (b)
- Establishes quorum requirements for unit owners' meetings. Tenn. Code Ann. §66-27-409
- The lien may be foreclosed by judicial action; the declaration may also authorize non-judicial foreclosure (power of sale under Title 35, Chapter 5) with prior notice to the unit owner and all lienholders of record. Tenn. Code Ann. §66-27-415
- Applies retroactively to pre-2009 condominiums per §66-27-202(a). Tenn. Code Ann. §66-27-417
- Requires the association to keep financial records sufficiently detailed to comply with §§66-27-502 and 66-27-503 (resale disclosure requirements). Tenn. Code Ann. §66-27-417
- However, the association may adopt reasonable rules regarding placement and manner of display. Tenn. Code Ann. §66-27-602
- No homeowners' association may adopt or enforce a dedicatory instrument provision that prohibits a property owner from displaying the flag of the United States or an official or replica flag of any branch of the US armed forces. Tenn. Code Ann. §66-27-602
- Defines "homeowners' association" as an incorporated or unincorporated association owned by or whose members consist primarily of the owners of property covered by the dedicatory instrument, through which owners or the board manage or regulate the residential subdivision, planned unit development, or similar planned development. Tenn. Code Ann. §66-27-701
- There is NO comprehensive Tennessee HOA Act; HOAs incorporated as nonprofits are governed primarily by the Tennessee Nonprofit Corporation Act (Title 48). Tenn. Code Ann. §66-27-701
- Requires the homeowners' association to provide voting records upon request from a member. Tenn. Code Ann. §66-27-702
- Protects owner rental rights against retroactive restriction. Tenn. Code Ann. §66-27-703
- Establishes a vested right to lease residential property in HOA communities. Tenn. Code Ann. §66-27-703
Financial (8)
- Common elements with an aggregate replacement cost exceeding ten thousand dollars ($10,000) Tenn. Code Ann. §66-27-403(g) (g)
- SUPER-PRIORITY: the lien has priority over even a first mortgage/deed of trust for 6 months of regular common expense assessments preceding enforcement, capped at 1% of the maximum principal indebtedness of the first mortgage. Tenn. Code Ann. §66-27-415
- Noncompliance triggers penalties under §66-27-505: $250 fine after first request, $500 after second request (if still not provided within 10 business days), plus costs and reasonable attorney's fees. Tenn. Code Ann. §66-27-502
- The association may charge a reasonable fee for providing the information, which may be assessed against the unit if unpaid. Tenn. Code Ann. §66-27-502
- A fine or penalty of two hundred fifty dollars ($250) to the party on whose behalf the request is made, following the first request Tenn. Code Ann. §66-27-502 §66-27-505
- A reasonable fee for providing the information Tenn. Code Ann. §66-27-502 (b)
- First failure: $250 fine. Tenn. Code Ann. §66-27-505
- Second failure (if still not supplied within 10 business days of second request): $500 fine, plus all costs including reasonable attorney's fees. Tenn. Code Ann. §66-27-505
Assessment (10)
- Requires assessments to be made at least annually based on a budget adopted at least annually by the board. Tenn. Code Ann. §66-27-414
- Common expenses are assessed against all units per the allocations in the declaration (§66-27-307). Tenn. Code Ann. §66-27-414
- Exceptions: limited common element expenses assessed to affected units; insurance by risk proportion; utilities by usage; judgment expenses to units existing at judgment date; misconduct expenses to the responsible unit. Tenn. Code Ann. §66-27-414
- Establishes the association's lien on a unit for assessments and fines from the time they become due. Tenn. Code Ann. §66-27-415
- But not exceeding one percent (1%) of the maximum principal indebtedness of a lien secured by the first mortgage or deed of trust Tenn. Code Ann. §66-27-415 (b)(2)
- The common expense assessments based on the periodic budget adopted by the association pursuant to § 66-27-414(a) which would have become due in the absence of acceleration during the six (6) months immediately preceding institution of an action to enforce the lien Tenn. Code Ann. §66-27-415 (b)(2)
- A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within six (6) years after the date the lien for the assessment becomes effective Tenn. Code Ann. §66-27-415 (e)
- The HOA must provide members with financing or a payment plan. Tenn. Code Ann. §66-27-706
- Requires a two-thirds (2/3) majority vote of total HOA members to levy a special assessment for a nonessential amenity (pools, tennis courts, clubhouses -- not roads, utilities, or amenities described in the declaration but not yet built). Tenn. Code Ann. §66-27-706
- At least a two-thirds (2/3) majority vote of the total members in the homeowners' association Tenn. Code Ann. §66-27-706 (b)(1)
Reserves (7)
- The board must review reserve funding annually for adequacy. Tenn. Code Ann. §66-27-403(g)
- The board must require a reserve study to be conducted on or before January 1, 2025, and must update the study every 5 years. Tenn. Code Ann. §66-27-403(g)
- Mandates a reserve study for condominium associations whose common elements have an aggregate replacement cost exceeding $10,000 and that have not had a reserve study conducted on or after January 1, 2020. Tenn. Code Ann. §66-27-403(g)
- The study must be made available to unit owners via email or community website. Tenn. Code Ann. §66-27-403(g)
- Shall update the study every five (5) years Tenn. Code Ann. §66-27-403(g) (g)
- Shall require that a reserve study be conducted on or before January 1, 2025 Tenn. Code Ann. §66-27-403(g) (g)
- Subsection (g) grants the board power to levy assessments to preserve the physical integrity of the condominium or comply with governmental requirements, even if the declaration is silent -- this applies retroactively to pre-2009 condominiums. Tenn. Code Ann. §66-27-414
Disclosure (6)
- Requires the association, upon request from a unit owner, purchaser, or lender (or their agents), to provide the information specified in §66-27-503 within ten (10) business days of receipt. Tenn. Code Ann. §66-27-502
- Applies to residential condominiums (Part 5). Tenn. Code Ann. §66-27-502
- Within ten (10) business days following the date of the association's receipt of the request Tenn. Code Ann. §66-27-502 (a)
- Specifies the information that must be provided upon request under §66-27-502. Tenn. Code Ann. §66-27-503
- Required disclosures include: (1) name and address of declarant (during declarant control only), association, and condominium; (2) recorded master deed/declaration, bylaws, charter, and all amendments; (3) current rules and regulations; (4) most recent balance sheet, income statement, and approved budget (or projected budget if none); (5) statement of insurance coverage maintained by the association; (6) unsatisfied judgments and pending suits against the association; (7) pending suits filed by the association (other than collection suits); (8) total amount of current assessments more than 60 days past due; (9) whether the board is still under declarant control. Tenn. Code Ann. §66-27-503
- Provides penalties when the association or declarant fails to provide information required by §66-27-503 within the time provided in §66-27-502. Tenn. Code Ann. §66-27-505
Elections (1)
- Establishes voting and proxy rules for unit owners' association meetings. Tenn. Code Ann. §66-27-410
Enforcement (5)
- For condominiums created before that date, only enumerated provisions apply retroactively (including §66-27-415 lien for assessments, §66-27-414(g) assessment power to preserve physical integrity, §66-27-417 association records, and all of Part 5 resale disclosures), and only for events occurring after January 1, 2009. Tenn. Code Ann. §66-27-202
- The lien is prior to all liens except: (1) pre-declaration liens; (2) first mortgage/deed of trust recorded before delinquency; (3) governmental liens for taxes. Tenn. Code Ann. §66-27-415
- Also defines "restrictive covenant" and "declaration." This is the definitional foundation for Tennessee's thin HOA provisions. Tenn. Code Ann. §66-27-701
- Critically, the HOA may NOT foreclose on a property for failure to pay a special assessment for a nonessential amenity. Tenn. Code Ann. §66-27-706
- Any covenant, restriction, or condition in a deed or instrument affecting real property that effectively prohibits installation of a solar energy system is void and unenforceable. Tenn. Code Ann. §66-9-201
Insurance (2)
- Requires condominium associations to maintain: (1) property insurance on common elements against risks of direct physical loss, with coverage of no less than 80% of total replacement cost (exclusive of land, excavations, foundations); (2) liability insurance including medical payments, covering death, bodily injury, and property damage from common element use/ownership/maintenance; (3) each unit owner is an insured under the policy with respect to common element liability; (4) insurer waives subrogation against unit owners and household members unless loss was intentionally caused. Tenn. Code Ann. §66-27-413
- No less than eighty percent (80%) of the total replacement cost of the insured property Tenn. Code Ann. §66-27-413 (a)
Compliance (8)
- The implied warranty of workmanlike performance exists regardless of the written warranty. Tenn. Code Ann. §28-3-202
- Four-year statute of limitations for construction defect claims from the date of discovery, with a four-year statute of repose running from substantial completion of the improvement. Tenn. Code Ann. §28-3-202
- Industry standard: 1-year workmanship warranty, 10-year structural warranty. Tenn. Code Ann. §28-3-202
- Requires homeowners to provide written notice to contractors before filing litigation over construction defects, giving contractors an opportunity to inspect and offer a cure. Tenn. Code Ann. §66-36-101
- This is a mandatory pre-litigation step, not a limitation on homeowner rights. Tenn. Code Ann. §66-36-101
- Tennessee Solar Access Law of 1979 (§§66-9-201 through 66-9-208). Tenn. Code Ann. §66-9-201
- Establishes the legal framework for solar easements and protects the right to install solar energy collection systems. Tenn. Code Ann. §66-9-201
- HOAs may impose reasonable aesthetic and placement restrictions provided they do not make installation economically impractical. Tenn. Code Ann. §66-9-201
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Governance Documents
6
Assessment Collection
5
Enforcement and Fines
5
Elections and Voting
4
Meetings and Notice
4
Developer Transition
3
Foreclosure and Liens
3
Resale Disclosure
3
Architectural Review
2
Construction Defect
2
Insurance Requirements
2
Reserve Requirements
2
Fiduciary Duty
1
Records Access and Inspection
1
Rental & Leasing Restrictions
1
Solar & Sustainability Rights
1
Each chip links to the Tennessee statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
All Tennessee authorities →
Statute of Repose -- Construction Defects
Four-year statute of limitations for construction defect claims from the date of discovery, with a four-year statute of repose running from substantial completion of the improvement. Tennessee also has a right to repair law (§§66-36-101 et seq.) requiring homeowners to provide written notice to contractors before filing litigation, giving contractors an opportunity to inspect and cure. The implied warranty of workmanlike performance exists regardless of the written warranty. Industry standard: 1-year workmanship warranty, 10-year structural warranty.
Tennessee Nonprofit Corporation Act
The Tennessee Nonprofit Corporation Act (Title 48, Chapters 51-68) is the primary governance framework for HOAs incorporated as nonprofit corporations. Covers formation, board of directors and officers, meetings and voting, records, dissolution, and member rights. Since Tennessee has no comprehensive HOA-specific statute, this Act provides the default rules for HOA governance including meeting notice, quorum, proxy voting, director duties, and member inspection rights. HOA bylaws and declarations fill the gaps that the Nonprofit Corporation Act does not address.
Tennessee Horizontal Property Act -- Title
The original Tennessee condominium statute (enacted 1963). Governs condominiums created before January 1, 2009. Part 1 (§§66-27-101 through 66-27-123) covers: establishment of horizontal property regimes and planned unit developments (§66-27-102), ownership and building codes (§66-27-103), co-owner rights (§66-27-105), master deed recording (§66-27-106), bylaws (§66-27-110-111), prorated expenses (§66-27-113), expense liens (§66-27-115), building insurance (§66-27-116), reconstruction (§66-27-117-118), and notice to tenants of conversion (§66-27-122-123). For pre-2009 condominiums, several provisions of the 2008 Act apply retroactively (see §66-27-202(a)).
Tennessee Condominium Act of 2008 -- Applicability
Defines the applicability of the Tennessee Condominium Act of 2008 (Parts 2-5). The full Act applies to all condominiums created after January 1, 2009. For condominiums created before that date, only enumerated provisions apply retroactively (including §66-27-415 lien for assessments, §66-27-414(g) assessment power to preserve physical integrity, §66-27-417 association records, and all of Part 5 resale disclosures), and only for events occurring after January 1, 2009. Pre-2009 condominiums may opt in to the full Act by amending their master deed and bylaws.
Tennessee Condominium Act -- Powers of Unit Owners' Association
Enumerates the powers of the unit owners' association. Certain powers (subsections (a)(1)-(6) and (11)-(16)) apply retroactively to pre-2009 condominiums per §66-27-202(a).
Tennessee Condominium Act -- Board of Directors and Officers
Establishes board structure, duties, and the declarant control transition. Board members appointed by the declarant must exercise the care required of fiduciaries; elected board members must exercise ordinary and reasonable care. The board may act on behalf of the association except: amending the declaration, terminating the condominium, or determining board composition/terms. The board may fill vacancies for unexpired terms. Developer transition: at least one board member must be elected by unit owners (other than declarant) no later than 120 days after conveyance of 25% of units. Declarant control terminates no later than the earlier of: 120 days after conveyance of 75% of units to non-declarant purchasers, or 5 years after first conveyance to a non-declarant purchaser (7 years if more than 100 units may be created). After declarant control ends, unit owners elect a board of at least 3 members, at least a majority of whom must be unit owners. Also contains the reserve study mandate at subsection (g).
Tennessee Condominium Act -- Reserve Study Requirement
Mandates a reserve study for condominium associations whose common elements have an aggregate replacement cost exceeding $10,000 and that have not had a reserve study conducted on or after January 1, 2020. The board must require a reserve study to be conducted on or before January 1, 2025, and must update the study every 5 years. The board must review reserve funding annually for adequacy. The study must be made available to unit owners via email or community website. Exceptions: (A) boards controlled by a declarant; (B) condominiums titled to a single owner; (C) husband and wife who own the condominium as tenancy by the entirety.
Tennessee Condominium Act -- Transfer of Special Declarant Rights
Governs the transfer of special declarant rights. Relevant to the developer transition process for new condominiums.
Tennessee Condominium Act -- Termination of Contracts and Leases of Declarant
Provides for termination of contracts and leases entered into by the declarant or the association during the period of declarant control.
Tennessee Condominium Act -- Meetings
Notice of any meeting (annual or special) must be given not less than 10 nor more than 60 days in advance by hand-delivery, prepaid US mail, facsimile, electronic means, or other method authorized by the declaration. Notice must include time, place, method of attendance, and agenda items including the general nature of any proposed amendment, budget changes, or proposal to remove a director or officer. Special meetings may be called by the president, a majority of the board, or by unit owners holding 20% of the votes (or lower percentage specified in bylaws).
Tennessee Condominium Act -- Quorums
Establishes quorum requirements for unit owners' meetings.
Tennessee Condominium Act -- Voting; Proxies
Establishes voting and proxy rules for unit owners' association meetings.
Tennessee Condominium Act -- Insurance
Requires condominium associations to maintain: (1) property insurance on common elements against risks of direct physical loss, with coverage of no less than 80% of total replacement cost (exclusive of land, excavations, foundations); (2) liability insurance including medical payments, covering death, bodily injury, and property damage from common element use/ownership/maintenance; (3) each unit owner is an insured under the policy with respect to common element liability; (4) insurer waives subrogation against unit owners and household members unless loss was intentionally caused.
Tennessee Condominium Act -- Assessments for Common Expenses
Requires assessments to be made at least annually based on a budget adopted at least annually by the board. Common expenses are assessed against all units per the allocations in the declaration (§66-27-307). Exceptions: limited common element expenses assessed to affected units; insurance by risk proportion; utilities by usage; judgment expenses to units existing at judgment date; misconduct expenses to the responsible unit. Subsection (g) grants the board power to levy assessments to preserve the physical integrity of the condominium or comply with governmental requirements, even if the declaration is silent -- this applies retroactively to pre-2009 condominiums.
Tennessee Condominium Act -- Lien for Assessments
Establishes the association's lien on a unit for assessments and fines from the time they become due. The lien may be foreclosed by judicial action; the declaration may also authorize non-judicial foreclosure (power of sale under Title 35, Chapter 5) with prior notice to the unit owner and all lienholders of record. The lien is prior to all liens except: (1) pre-declaration liens; (2) first mortgage/deed of trust recorded before delinquency; (3) governmental liens for taxes. SUPER-PRIORITY: the lien has priority over even a first mortgage/deed of trust for 6 months of regular common expense assessments preceding enforcement, capped at 1% of the maximum principal indebtedness of the first mortgage. This super-priority is lost if the association fails to notify the mortgage holder within 30 days of 6 months' delinquency (if the holder provided its address to the association). Statute of limitations: lien is extinguished unless foreclosure is instituted within 6 years. Attorney's fees and costs awarded to prevailing party. Applies retroactively to pre-2009 condominiums per §66-27-202(a).
Tennessee Condominium Act -- Association Records
Requires the association to keep financial records sufficiently detailed to comply with §§66-27-502 and 66-27-503 (resale disclosure requirements). Applies retroactively to pre-2009 condominiums per §66-27-202(a).
Tennessee Condominium Act -- Responsibility to Provide Information
Requires the association, upon request from a unit owner, purchaser, or lender (or their agents), to provide the information specified in §66-27-503 within ten (10) business days of receipt. The association may charge a reasonable fee for providing the information, which may be assessed against the unit if unpaid. Noncompliance triggers penalties under §66-27-505: $250 fine after first request, $500 after second request (if still not provided within 10 business days), plus costs and reasonable attorney's fees. Applies to residential condominiums (Part 5).
Tennessee Condominium Act -- Information to Be Provided (General)
Specifies the information that must be provided upon request under §66-27-502. Required disclosures include: (1) name and address of declarant (during declarant control only), association, and condominium; (2) recorded master deed/declaration, bylaws, charter, and all amendments; (3) current rules and regulations; (4) most recent balance sheet, income statement, and approved budget (or projected budget if none); (5) statement of insurance coverage maintained by the association; (6) unsatisfied judgments and pending suits against the association; (7) pending suits filed by the association (other than collection suits); (8) total amount of current assessments more than 60 days past due; (9) whether the board is still under declarant control.
Tennessee Condominium Act -- Remedies for Noncompliance
Provides penalties when the association or declarant fails to provide information required by §66-27-503 within the time provided in §66-27-502. First failure: $250 fine. Second failure (if still not supplied within 10 business days of second request): $500 fine, plus all costs including reasonable attorney's fees.
Display of Flags by Property Owners
No homeowners' association may adopt or enforce a dedicatory instrument provision that prohibits a property owner from displaying the flag of the United States or an official or replica flag of any branch of the US armed forces. However, the association may adopt reasonable rules regarding placement and manner of display.
Homeowners' Association -- Part Definitions
Defines "homeowners' association" as an incorporated or unincorporated association owned by or whose members consist primarily of the owners of property covered by the dedicatory instrument, through which owners or the board manage or regulate the residential subdivision, planned unit development, or similar planned development. Also defines "restrictive covenant" and "declaration." This is the definitional foundation for Tennessee's thin HOA provisions. There is NO comprehensive Tennessee HOA Act; HOAs incorporated as nonprofits are governed primarily by the Tennessee Nonprofit Corporation Act (Title 48).
Homeowners' Association -- Provision of Voting Record Upon Request
Requires the homeowners' association to provide voting records upon request from a member.
Homeowners' Association -- Vested Right to Lease Residential Property
Establishes a vested right to lease residential property in HOA communities. Protects owner rental rights against retroactive restriction.
Homeowners' Association -- Special Assessment Levies for Nonessential Amenities
Enacted 2024. Requires a two-thirds (2/3) majority vote of total HOA members to levy a special assessment for a nonessential amenity (pools, tennis courts, clubhouses -- not roads, utilities, or amenities described in the declaration but not yet built). The HOA must provide members with financing or a payment plan. Critically, the HOA may NOT foreclose on a property for failure to pay a special assessment for a nonessential amenity.
Tennessee Right to Repair Act
Requires homeowners to provide written notice to contractors before filing litigation over construction defects, giving contractors an opportunity to inspect and offer a cure. This is a mandatory pre-litigation step, not a limitation on homeowner rights.
Solar Access Law of 1979
Tennessee Solar Access Law of 1979 (§§66-9-201 through 66-9-208). Establishes the legal framework for solar easements and protects the right to install solar energy collection systems. Any covenant, restriction, or condition in a deed or instrument affecting real property that effectively prohibits installation of a solar energy system is void and unenforceable. HOAs may impose reasonable aesthetic and placement restrictions provided they do not make installation economically impractical. IMPORTANT: This is in Title 66 Chapter 9, not Chapter 27. Secondary sources citing §66-27-101 for solar access are incorrect.
Source: Tennessee state legislature. Statutes verified by CommunityPay. Last verified April 2026.
Pending & Recent Tennessee HOA Legislation
8 HOA-relevant bills tracked for Tennessee · refreshed Jun 2, 2026 · Source: LegiScan
Frequently Asked Questions — Tennessee HOA Law
How often must a Tennessee HOA conduct a reserve study?
Under Tenn. Code Ann. §66-27-403(g), Tennessee associations are required to commission a reserve study at intervals of approximately 5 years to identify the remaining useful life and replacement cost of major common-element components and to recommend a reserve funding plan. The study supports the annual reserve disclosure to owners and the reserve summary required in the resale certificate.
Source: Tenn. Code Ann. §66-27-403(g)
Does a Tennessee HOA assessment lien have priority over a first mortgage?
Yes — Tennessee is a 'super-priority' state. Under Tenn. Code Ann. §66-27-415, the association's lien for 6 months of unpaid assessments takes priority over a first-recorded mortgage. When the HOA forecloses, the first mortgage lender must either pay the 6 months of super-priority assessments or risk losing its lien — a significant collection tool for the association.
Source: Tenn. Code Ann. §66-27-415
Answers derived from the Tennessee legal corpus. Every numeric value (fee caps, deadlines, percentages) is pulled from a primary-source statutory threshold record verified by CommunityPay.
Tennessee HOA Fee Benchmark
$190
Avg Median Monthly Fee
$50 – $473
County Range
59441
Units Paying HOA Fees
Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 90 counties with data.
Communities by City
Memphis
8
Knoxville
6
Nashville
5
Collierville
3
Crossville
3
Jackson
3
Murfreesboro
3
Antioch
2
Brentwood
2
Cleveland
2
Smyrna
2
Alpine
1
Arlington
1
Athens
1
Bells
1
Chattanooga
1
Clarksville
1
Copperhill
1
Covington
1
Crab Orchard
1
Del Rio
1
Dickson
1
Dunlap
1
Eagleville
1
Elizabethton
1
Englewood
1
Franklin
1
Kingsport
1
Kingston
1
Lawrenceburg
1
Loudon
1
Madison
1
Mason
1
Mcminnville
1
Mooresburg
1
Mount Juliet
1
Ooltewah
1
Paris
1
Prospect
1
Seymour
1
Stanton
1
Sweetwater
1
Troy
1
Vonore
1
Free download · Email gated
Download the Tennessee HOA & Condo Compliance Checklist
One PDF — every active Tennessee statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
No spam. CommunityPay uses your email to send the checklist and one follow-up at most.
Data sourced from Tennessee Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
United States Payments and Accounting Governance Infrastructure for Community Associations