Asphalt shingle, metal, tile, or flat membrane roofs. Siding (wood, fiber cement, stucco, vinyl). Exterior paint. Soffits and fascia. Gutters and downspouts. Decks and balconies. Railings. Window and door frames in common areas.
Links Homeowners Association INC
Registered as a homeowners association in Tennessee, in 2013.
Legal Compliance Dashboard — Live Preview
Tennessee vs. Washington · 6 requirements tracked
3/6
| Requirement | TN | WA |
|---|---|---|
| RC delivery deadline | 10 bus. days | 10 days |
| RC fee cap | No cap | $275 |
| Lien super-priority | 6 months | 6 months |
Resale Certificate Compliance
9 disclosures required
TN
- 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)
Reserve study standards in Tennessee
Statutory requirements, board preparation checklist, the components a professional study covers, and the useful-life ranges that drive thirty-year funding plans. Generic reference. Not a substitute for a study calibrated to a specific association.
Tennessee does not currently encode a fixed reserve-study cadence in statute. The discipline still applies. Industry standard across the United States is below.
- Update the component register annually as assets are added, replaced, or retired.
- Commission a professional reserve study every three to five years. Update it when the component register changes materially.
- Maintain a thirty-year capital plan with explicit annual funding contributions tied to the study.
- Keep reserve funds segregated from operating cash. Disclose funding status in the annual budget.
- Document the board-approved funding policy — percent-funded, threshold, or baseline — in board minutes.
CommunityPay maintains a Reserve Funding Status Report (RSR) generator tied to the live ledger. It is a status report, not a substitute for a professional study with on-site inspection.
What a board should have organized before commissioning a reserve study, and what a study delivers back. Use this list to evaluate whether the association is ready, regardless of state.
- Component register Every asset the association is responsible for maintaining — roofs, asphalt, mechanical systems, plumbing risers, elevators, amenities. Freeze a current version before the study.
- Condition assessments Last inspection reports, photographs, observed wear, recent repairs. The analyst calibrates useful-life estimates against this evidence.
- Useful-life and replacement-cost estimates Per component, calibrated to local climate, construction, and use intensity. A study produces these; the board verifies them.
- Thirty-year capital plan When each component reaches end-of-life and what replacement will cost in nominal dollars at that year.
- Funding plan Percent-funded, threshold, or baseline approach with an explicit annual contribution. The board approves; the study models outcomes.
- Current reserve fund balance Separated from operating cash. Ideally in interest-bearing accounts with FDIC coverage on the full balance.
- Annual budget tied to the funding plan Reserve contribution as an explicit budget line, traceable to the study and the funding policy.
- Most recent reserve study Full study, update, or interim review. Author credentials and date of the most recent on-site inspection.
- Insurance schedule Replacement-cost coverage on insured components. Deductibles that may draw against reserves in a loss.
- Board minutes referencing reserve decisions Special assessments, deferred maintenance, funding-policy changes, scope deviations from the study.
Categories most reserve studies cover. The specific components depend on the association. High-rise condos track far more than single-family HOAs. Gated communities track infrastructure that condos never see.
HVAC chillers and cooling towers. Boilers and water heaters. Ventilation. Pumps. Fire suppression and sprinkler systems. Emergency generators. Elevators — cabs, controllers, jacks, and modernizations.
Parking lots: seal coat, overlay, full reconstruction. Concrete sidewalks and curbs. Site lighting. Storm drainage. Retaining walls. Fencing. Entry gates and signage.
Main water lines and risers. Sanitary and storm sewer lines. Backflow preventers. Common-area electrical panels and switchgear. Transformer pads. Distribution.
Pools, spas, and pool equipment. Clubhouse interiors. Fitness rooms. Playgrounds. Tennis and pickleball courts. Mailbox kiosks. Trash enclosures and dumpster pads.
Fire alarm panels. Emergency lighting. Smoke detectors in common areas. Fire-rated doors. Structural fireproofing. Sprinkler heads and inspection-required components.
A mid-size HOA typically tracks thirty to eighty components. A high-rise condo tracks two hundred or more. The categories above are illustrative. A professional reserve study identifies the components a specific association is responsible for.
Typical useful-life ranges for components common in reserve studies. Industry averages, not specific to any state, climate, or association. A professional study calibrates these to local conditions, construction quality, maintenance practice, and use intensity.
| Component | Typical useful life |
|---|---|
| Asphalt shingle roof | 20–25 years |
| Metal roof | 40–50 years |
| Tile or slate roof | 50+ years |
| Flat membrane roof (TPO/EPDM) | 15–25 years |
| Wood siding | 20–30 years |
| Fiber cement siding | 30–50 years |
| Stucco | 50+ years |
| Exterior paint cycle | 7–10 years |
| Gutters and downspouts | 20–30 years |
| Wood deck, pressure-treated | 15–20 years |
| Composite deck | 25–30 years |
| Asphalt parking — seal coat | 3–5 years |
| Asphalt parking — overlay | 12–15 years |
| Asphalt parking — reconstruction | 25–30 years |
| Concrete sidewalks and curbs | 30–50 years |
| Site lighting (poles, fixtures) | 20–30 years |
| Wood fencing | 15–25 years |
| Pool plaster | 10–15 years |
| Pool pump and filter | 7–10 years |
| HVAC rooftop unit | 15–20 years |
| Boiler | 25–30 years |
| Commercial water heater | 10–15 years |
| Fire alarm panel | 20–25 years |
| Elevator cab finishes | 15–20 years |
| Elevator modernization | 25–30 years |
| Carpet, clubhouse | 7–10 years |
| Playground equipment | 10–15 years |
Ranges synthesized from common professional reserve-study references and U.S. building-component literature. Verify against a study performed by a credentialed reserve specialist (RS, PRA, or equivalent) before relying on any figure for funding decisions.
- Reserve Health Check → Free. Inputs reserve balance, annual contribution, building age, and components; returns a grade with the math shown. No signup required to view results.
Meeting requirements in Tennessee
Statutory floors for owner and board meetings — notice periods, delivery rules, quorum, voting, written consent, and record retention. Generic reference. Specific bylaws or declarations may impose tighter requirements; statutes set the minimum.
Tennessee statute does not currently encode specific board or owner meeting notice periods in the corpus. The discipline still applies. Industry standard is below.
- Provide at least 10 days advance notice for board meetings.
- Provide 14–30 days advance notice for annual or special owner meetings.
- Hold at least one annual meeting of the membership each year.
- Keep all board meetings open to owners in good standing; reserve executive session for narrow purposes.
- Define a quorum threshold in the bylaws and apply it consistently.
CommunityPay maintains a Board Meeting Packet generator that produces a state-aware agenda, draft minutes template, and compliance checklist for the board pack.
How meeting notice must be delivered, what it must contain, and what defects invalidate the notice. Statutes vary in mechanics; the principles are consistent.
- Delivery method First-class mail or hand-delivery to the address on file with the association is the universal default. Most states permit electronic delivery only with the owner's written consent. A posted notice on a community bulletin board is not, by itself, sufficient.
- Address on file The association is entitled to rely on the address each owner has provided. The owner bears the burden of keeping it current. The board must maintain a registered address list.
- Required content Date, time, location (or remote-access link), and an agenda. Material to be voted on — budget, special assessments, rule changes — must be identified specifically. "Other business" is not a substitute for an item.
- Notice period start The notice period typically runs from the date of mailing or hand-delivery, not the date of receipt. Some states count both the notice date and the meeting date; others exclude one or both. Confirm the rule.
- Remote participation When the association offers remote attendance, the notice must include the access information and any limitations (e.g., audio-only, no chat). Recording rules vary by state.
- Defective notice consequences Material defects invalidate actions taken at the meeting. Minor defects (typo in location, slightly late mailing) may be cured by attendance and waiver. Document the cure in the minutes.
- Emergency notice Statutes typically permit shortened notice for genuine emergencies (imminent physical harm, immediate financial loss). The board must document the emergency basis in the minutes.
Quorum sets the floor for a valid meeting. Voting mechanics — proxies, ballots, written consent — determine how votes are counted once the quorum is established.
Defined in the declaration or bylaws. When silent, statutory defaults apply — typically 20–25% of allocated interests for owner meetings. Quorum is measured at the start; once established it persists even if attendance drops below the threshold.
Most states permit proxies for owner meetings. The proxy must be written, dated, and signed; many states require revocation rights and an explicit scope (general or limited). Proxies do not extend to board meetings — directors must vote in person or by permitted remote means.
Action without a meeting requires unanimous written consent in most jurisdictions, though some states permit a lower threshold for narrow categories (uncontested matters, ratification). Document the consent in the corporate records, indexed to the action taken.
Secret-ballot procedures, double-envelope requirements, and inspector-of-elections rules apply in states with comprehensive election statutes. Director elections, recall votes, and assessment increases above a statutory threshold typically require secret-ballot procedure.
Available only when explicitly authorized by the declaration or bylaws. Otherwise straight voting applies — each membership casts one vote per open seat per candidate, with no concentration permitted.
Voting rights may be suspended for delinquent accounts in some jurisdictions. Suspension typically requires due-process notice and an opportunity to cure. Statutes vary; the bylaws must align.
Minutes are the corporate record of the meeting. Statutes in every state require associations to maintain meeting minutes and make them available to owners on request. Retention periods and access rules vary.
- What minutes must contain Date, time, location. Directors and officers present. Quorum determination. Motions made, seconded, and the vote count. Substantive board actions and adopted resolutions. Executive-session minutes kept separately; the open-session minutes record only that a closed session occurred.
- Retention period Statutes vary; common floors are seven years for financial records and the life of the association for governance records. Permanent retention is the safer practice. Reserve studies, declarations, amendments, and assessments — permanent.
- Owner inspection rights Owners have a statutory right to inspect minutes and association records on written request. The association may charge reasonable copy fees and require inspection during normal business hours at a designated location.
- Approval process Draft minutes are circulated to the board, corrected, and approved at the next regular meeting. Approved minutes become the official record. Corrections after approval require a noted amendment, not silent edits.
- Permanent records Declaration, bylaws, articles of incorporation, rule books, amendments, and the minute book are permanent records. The association cannot dispose of them on any retention schedule.
- Resale disclosure Recent board and owner meeting minutes are typically required attachments to a resale certificate. The standard window is the last 12 months; some statutes extend to 24 months for amendments.
- Executive session Closed-session minutes record matters discussed but typically remain confidential from the general membership. Specific votes taken in closed session may need to be reported in the open-session minutes.
- Board Meeting Packet Generator → Free. State-aware agenda, minutes template, and compliance checklist exported to a PDF for the board pack. No signup required.
Insurance & risk requirements in Tennessee
Statutory floors plus the Fannie Mae 1076 and Freddie Mac 1077 condo questionnaire fields lenders verify before closing. Generic reference. Specific declarations or bylaws may impose tighter requirements; statutes set the minimum.
- Hazard / property coverage
-
100%
of replacement cost value, project improvements + common elements + residential structures
Fannie Mae B7-3-03 - Comprehensive general liability
-
$1000000
minimum per single occurrence, bodily injury and property damage on common elements
Fannie Mae B7-4-01
- Replacement cost basis — policy must pay to rebuild without depreciation deduction.
- Agreed-amount endorsement — waives the coinsurance penalty when coverage is set to a stated replacement cost.
- Inflation guard endorsement — annual escalation to keep coverage at current rebuild cost.
- Building ordinance or law endorsement — covers the cost gap when current building codes require upgrades during a rebuild.
- Fidelity / crime bond minimum
-
3
months of aggregate assessments on all units
Fannie Mae B7-4-02
The fidelity / crime policy protects association funds from dishonest or fraudulent acts by anyone handling or responsible for those funds — directors, officers, employees, and the management agent. The HOA or co-op corporation must be the named insured, with premiums paid as a common expense.
- Named covered parties — board, officers, employees, and the management company (when one is engaged).
- Computation basis — months of assessments plus reserve balance, or a percentage of the operating budget, depending on the governing statute.
- Annual renewal — coverage lapses are a common audit finding and trigger lender disqualification.
- Deductible cap
-
5%
maximum of master policy coverage amount, aggregated across per-peril deductibles
Fannie Mae B7-3-03
Higher deductibles disqualify the project from conforming mortgage originations on every unit. State statutes sometimes codify a tighter cap or require board approval before deductible changes.
Flood insurance is required when any portion of the project sits inside a FEMA-designated Special Flood Hazard Area (SFHA). Coverage must equal the lesser of the building replacement cost or the National Flood Insurance Program (NFIP) maximum, with the balance covered by an excess flood policy.
Beyond the master property policy, lenders require several distinct coverages and endorsements. Each addresses a specific risk category the master policy alone does not handle.
- Directors & officers (D&O) liability — defends board members against claims arising from governance decisions. Often required by lenders even when not codified by statute.
- Umbrella / excess liability — extends primary liability limits, typically by $1M to $5M, to cover catastrophic claims.
- Workers’ compensation — required when the association directly employs maintenance or management staff.
- Earthquake / windstorm — peril-specific policies in seismic and coastal zones. Lender requirement depends on territory.
- Environmental / pollution — applies when the association operates pools, fuel storage, or other regulated facilities.
Specific statutory provisions seeded for Tennessee:
- 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 ... — Tenn. Code Ann. §66-27-413
- TN Condo Minimum Insurance Coverage — Tenn. Code Ann. §66-27-413 (a)
Statutory Obligations — Tennessee
88 obligations across 9 categories
TN
-
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
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
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Covers formation, board of directors and officers, meetings and voting, records, dissolution, and member rights
Covers formation, board of directors and officers, meetings and voting, records, dissolution, and member rights.Tenn. Code Ann. §48-51-101
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The Tennessee Nonprofit Corporation Act (Title 48, Chapters 51-68) is the primary governance framework for HOAs incorporated as nonprofit corporations
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
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
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
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The original Tennessee condominium statute (enacted 1963)
The original Tennessee condominium statute (enacted 1963).Tenn. Code Ann. §66-27-101
-
Governs condominiums created before January 1, 2009
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), prorate...
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))
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)
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
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
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)
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
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
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
The board may fill vacancies for unexpired terms.Tenn. Code Ann. §66-27-403
-
Establishes board structure, duties, and the declarant control transition
Establishes board structure, duties, and the declarant control transition.Tenn. Code Ann. §66-27-403
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The board may act on behalf of the association except: amending the declaration, terminating the condominium, or determining board composition/terms
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
-
TN Declarant First Unit Owner Election Threshold
Not later than one hundred twenty (120) days after conveyance of twenty-five percent (25%) of the unitsTenn. Code Ann. §66-27-403(c)
-
TN Declarant Control Termination -- Unit Sales Threshold
One hundred twenty (120) days after conveyance of seventy-five percent (75%) of the units to unit owners other than a declarantTenn. Code Ann. §66-27-403(d)
-
TN Declarant Control Termination -- Time Limit: 5 years
Five (5) years after the conveyance of the first unit to a purchaserTenn. Code Ann. §66-27-403(d)
-
Governs the transfer of special declarant rights
Governs the transfer of special declarant rights.Tenn. Code Ann. §66-27-404
-
Relevant to the developer transition process for new condominiums
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
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
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)
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
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
-
TN Condo Minimum Meeting Notice Period: 10 days
Not less than ten (10) nor more than sixty (60) days in advance of any meetingTenn. Code Ann. §66-27-408(a)
-
TN Condo Maximum Meeting Notice Period: 60 days
Not less than ten (10) nor more than sixty (60) days in advance of any meetingTenn. Code Ann. §66-27-408(a)
-
TN Special Meeting Petition Threshold
Unit owners having twenty percent (20%), or any lower percentage specified in the bylaws, of the votes in the associationTenn. Code Ann. §66-27-408(b)
-
Establishes quorum requirements for unit owners' meetings
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
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)
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)
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
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
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, plan...
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
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There is NO comprehensive Tennessee HOA Act; HOAs incorporated as nonprofits are governed primarily by the Tennessee Nonprofit Corporation Act (Title 48)
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
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
Protects owner rental rights against retroactive restriction.Tenn. Code Ann. §66-27-703
-
Establishes a vested right to lease residential property in HOA communities
Establishes a vested right to lease residential property in HOA communities.Tenn. Code Ann. §66-27-703
-
TN Reserve Study Applicability -- Replacement Cost Threshold: $10000.00
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
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
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
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
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TN Condo Noncompliance Penalty (First Request): $250.00
A fine or penalty of two hundred fifty dollars ($250) to the party on whose behalf the request is made, following the first requestTenn. Code Ann. §66-27-502§66-27-505
-
TN Condo Disclosure Fee
A reasonable fee for providing the informationTenn. Code Ann. §66-27-502(b)
-
First failure: $250 fine
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
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
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Requires assessments to be made at least annually based on a budget adopted at least annually by the board
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
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Common expenses are assessed against all units per the allocations in the declaration (§66-27-307)
Common expenses are assessed against all units per the allocations in the declaration (§66-27-307).Tenn. Code Ann. §66-27-414
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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
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
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Establishes the association's lien on a unit for assessments and fines from the time they become due
Establishes the association's lien on a unit for assessments and fines from the time they become due.Tenn. Code Ann. §66-27-415
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TN Condo Super-Priority Lien Cap (Percent of First Mortgage)
But not exceeding one percent (1%) of the maximum principal indebtedness of a lien secured by the first mortgage or deed of trustTenn. Code Ann. §66-27-415(b)(2)
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TN Condo Assessment Lien Super-Priority Period: 6 months
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 lienTenn. Code Ann. §66-27-415(b)(2)
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TN Condo Assessment Lien Statute of Limitations: 6 years
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 effectiveTenn. Code Ann. §66-27-415(e)
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The HOA must provide members with financing or a payment plan
The HOA must provide members with financing or a payment plan.Tenn. Code Ann. §66-27-706
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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)
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
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TN HOA Nonessential Amenity Assessment Vote Requirement
At least a two-thirds (2/3) majority vote of the total members in the homeowners' associationTenn. Code Ann. §66-27-706(b)(1)
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The board must review reserve funding annually for adequacy
The board must review reserve funding annually for adequacy.Tenn. Code Ann. §66-27-403(g)
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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 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)
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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
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)
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The study must be made available to unit owners via email or community website
The study must be made available to unit owners via email or community website.Tenn. Code Ann. §66-27-403(g)
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TN Reserve Study Update Interval: 5 years
Shall update the study every five (5) yearsTenn. Code Ann. §66-27-403(g)(g)
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TN Reserve Study Initial Deadline
Shall require that a reserve study be conducted on or before January 1, 2025Tenn. Code Ann. §66-27-403(g)(g)
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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
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
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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 ...
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
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TN Condo Minimum Insurance Coverage
No less than eighty percent (80%) of the total replacement cost of the insured propertyTenn. Code Ann. §66-27-413(a)
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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
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
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Applies to residential condominiums (Part 5)
Applies to residential condominiums (Part 5).Tenn. Code Ann. §66-27-502
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TN Condo Disclosure Delivery Deadline: 10 business_days
Within ten (10) business days following the date of the association's receipt of the requestTenn. Code Ann. §66-27-502(a)
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Specifies the information that must be provided upon request under §66-27-502
Specifies the information that must be provided upon request under §66-27-502.Tenn. Code Ann. §66-27-503
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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 st...
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
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Provides penalties when the association or declarant fails to provide information required by §66-27-503 within the time provided in §66-27-502
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
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Establishes voting and proxy rules for unit owners' association meetings
Establishes voting and proxy rules for unit owners' association meetings.Tenn. Code Ann. §66-27-410
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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 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
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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
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
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Also defines "restrictive covenant" and "declaration." This is the definitional foundation for Tennessee's thin HOA provisions
Also defines "restrictive covenant" and "declaration." This is the definitional foundation for Tennessee's thin HOA provisions.Tenn. Code Ann. §66-27-701
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Critically, the HOA may NOT foreclose on a property for failure to pay a special assessment for a nonessential amenity
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
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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
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
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The implied warranty of workmanlike performance exists regardless of the written warranty
The implied warranty of workmanlike performance exists regardless of the written warranty.Tenn. Code Ann. §28-3-202
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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
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
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Industry standard: 1-year workmanship warranty, 10-year structural warranty
Industry standard: 1-year workmanship warranty, 10-year structural warranty.Tenn. Code Ann. §28-3-202
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Requires homeowners to provide written notice to contractors before filing litigation over construction defects, giving contractors an opportunity to inspect and offer a cure
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
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This is a mandatory pre-litigation step, not a limitation on homeowner rights
This is a mandatory pre-litigation step, not a limitation on homeowner rights.Tenn. Code Ann. §66-36-101
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Tennessee Solar Access Law of 1979 (§§66-9-201 through 66-9-208)
Tennessee Solar Access Law of 1979 (§§66-9-201 through 66-9-208).Tenn. Code Ann. §66-9-201
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Establishes the legal framework for solar easements and protects the right to install solar energy collection systems
Establishes the legal framework for solar easements and protects the right to install solar energy collection systems.Tenn. Code Ann. §66-9-201
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HOAs may impose reasonable aesthetic and placement restrictions provided they do not make installation economically impractical
HOAs may impose reasonable aesthetic and placement restrictions provided they do not make installation economically impractical.Tenn. Code Ann. §66-9-201
Risk Profile — CARI Score Preview
5 weighted components · Verified score requires consent
Preview
Compliance Calendar — Next 12 Months
1 deadline
Records This Community Should Have — Tennessee
2 record categories required by statute
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Tax returns
Federal and state association tax returns.Retention: 7 yearsIRC §6501 + state retention norms
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Tax returns
Federal association tax returns.Retention: 7 yearsIRC §6501
Registration Details
Homeowners Association · Est. 2013 · Active
Area HOA Fees
Tipton County median $304/mo
Natural Hazard Exposure
Tipton County
Relatively Moderate
Applicable Laws
26 Tennessee statutes
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