Tennessee HOA Laws: Statutes, Rules & Board Duties

What Tennessee statutes actually require of community associations — meetings, fines, assessments and liens, records, reserves, architectural review, and the resident protections a board cannot override. Every point is cited to statute.

By the Grihak Team · Researched 2026-07-09

Governing statutes

• Tennessee has no comprehensive statute for planned-community / single-family HOAs. Such HOAs are governed primarily by their own declaration / CC&Rs and bylaws, supplemented by the Tennessee Nonprofit Corporation Act, T.C.A. Title 48, ch. 51–68 (most HOAs are incorporated as nonprofit corporations), which supplies default rules on directors, members' meetings, voting, and records (HOPB — Tennessee; ipropertymanagement TN HOA).
• Condominiums created on or after January 1, 2009 are governed by the Tennessee Condominium Act of 2008, T.C.A. §§ 66-27-201 et seq. (Part 4 = Unit Owners' Association, §§ 66-27-401 – 66-27-418) (Justia Part 4; Kaman & Cusimano).
• Condominiums created before January 1, 2009 remain under the older Horizontal Property Act, T.C.A. §§ 66-27-101 et seq., unless they elect to adopt the 2008 Act; certain 2008-Act provisions apply to older condos for post-2009 events (Kaman & Cusimano).
• A small set of Chapter 27 "Dedicatory Instrument" provisions (Part 6, §§ 66-27-601 – 66-27-603) applies to all HOAs — the definition of "homeowners' association" there expressly covers residential subdivisions, PUDs, and condominiums (§ 66-27-601) (Justia § 66-27-602).
• HOA statutory gap: unlike California's Davis-Stirling Act, Tennessee imposes no statewide rules on planned-community HOA fines, reserves, open meetings, records timelines, or resale disclosures beyond what the declaration and the Nonprofit Corporation Act provide. A proposed Tennessee Homeowners Association Act (SB 405) has been introduced repeatedly but has not been enacted as of 2026 (SB0405 bill text; steadily TN guide). (verify current legislative status.)

Meetings & notice

• Condos — annual + special meetings (§ 66-27-408): the association must meet at least once each year; special meetings may be called by the president, a majority of the board, or unit owners holding 20% (or a lower bylaw percentage) of the votes (HB2752 / Act text).
• Condo notice window: not less than 10 nor more than 60 days before any meeting, by hand delivery, U.S. mail, fax, electronically, or as the declaration allows; the notice must state time, place, method of attendance, and the agenda (including any proposed declaration/bylaw amendment, budget changes, or removal of a director/officer) (§ 66-27-408).
• Condo quorum (§ 66-27-409): 20% of votes for members' meetings; 50% for board meetings (unless bylaws set higher). Attendance may be in person, by telephone, by other means the bylaws allow, or by proxy (§ 66-27-409(c)).
• HOAs (nonprofit) — no open-meeting mandate. Members'-meeting notice must be given in a "fair and reasonable" manner per the charter/bylaws (T.C.A. § 48-57-105), and board meetings follow § 48-58-201 (regular/special, telephonic participation allowed). There is no statutory members'-right to attend/speak at board meetings — that comes only from the declaration/bylaws (Justia § 48-57-105; Justia § 48-58-201).
• Tennessee has recognized electronic notice and remote attendance for community associations; the Condominium Act already permits electronic notice (§ 66-27-408) and telephonic attendance (§ 66-27-409(c)) (CAI — TN virtual meeting statute). (verify any standalone virtual-meeting enactment.)

Fines & enforcement

• Condos (§ 66-27-402(a)(11)): the association may impose late-payment charges and, "after notice and an opportunity to be heard, levy reasonable fines" for violations of the declaration, bylaws, and rules. The Act does not set a dollar cap or a specific hearing-notice period — "reasonable" and the process are left to the declaration/bylaws (Act text § 66-27-402).
• Condo fines are collectible like assessments: unless the declaration says otherwise, fines, late charges, fees, and interest are enforceable as assessments and are secured by the association's lien (§ 66-27-415(a)(1)–(2)) — a notable contrast with California, where fines generally cannot be liened.
• HOAs (planned communities): no fine statute. An HOA's power to fine, and any required due process, derive from the declaration/bylaws plus general Nonprofit Corporation Act authority; Tennessee courts enforce restrictive covenants but expect reasonableness and adherence to the covenant's own procedure. (verify — not confirmed; fact-specific and gap-filled by case law.)
• There is no statutory cap on either condo or HOA fines, and no statutory ban on charging interest/late fees on fines. (verify against the specific governing documents.)

Assessments, liens & foreclosure

• Condo budgets/assessments (§ 66-27-414): after the first assessment, assessments must be made at least annually based on a budget adopted at least annually by the board; past-due assessments bear interest at a rate set by the association up to the statutory maximum (Dept. of Financial Institutions rate) (§ 66-27-414(a)–(b)).
• Condo assessment lien (§ 66-27-415): the association has a lien on a unit for any assessment or fine from the time it becomes due, foreclosable by judicial action — or, if the declaration so provides, by nonjudicial power-of-sale like a deed of trust under T.C.A. §§ 35-5-101 et seq., after mailed notice to the owner and record lienholders before first publication.
• Condo super-priority: the lien is prior to other liens except pre-declaration encumbrances, a prior-recorded first mortgage/deed of trust, and tax liens — but it primes even a first mortgage up to the common-expense assessments that came due in the 6 months immediately before an enforcement action (§ 66-27-415(b)) (Justia § 66-27-415; DRM Law — six-month reachback).
• No minimum-debt threshold to foreclose a condo lien (contrast California's $1,800 / 12-month rule); however the lien is extinguished if enforcement is not started within 6 years, and the prevailing party gets costs and reasonable attorney's fees (§ 66-27-415(e), (g)). Recording the declaration itself perfects the lien — no separate lien filing is required (§ 66-27-415(d)). The lien is not subject to any right of redemption or homestead exemption unless the declaration reserves it (§ 66-27-415(b)(2)).
• HOAs (planned communities): no assessment-lien statute. An HOA's assessment, lien, and foreclosure rights arise solely from the recorded declaration and general Tennessee law (e.g., trustee's-sale procedures in Title 35, ch. 5). Whether an HOA can foreclose, and on what terms, depends entirely on the CC&Rs. (verify against the declaration — statutory gap.)

Records access

• Condos (§ 66-27-417): the association must keep financial records detailed enough to support resale disclosures, and "all financial and other records shall be made reasonably available for examination" by any unit owner, a mortgagee of a unit, and their authorized agents. The Act sets no specific response deadline or copying-cost cap (Act text § 66-27-417).
• HOAs (nonprofit corporations, § 48-66-102): a member may inspect and copy the corporation's records after giving at least 5 business days' written demand; certain broader records require a demand made in good faith and for a proper purpose described with reasonable particularity. This inspection right cannot be eliminated by the charter or bylaws, and a court may order inspection at the corporation's expense if the association refuses (Justia § 48-66-102).
• A member may also demand the corporation's annual financial statement under T.C.A. § 48-66-104. (verify exact contents/timeline.)

Reserves & budgets

• Condos must "adopt and amend budgets for revenues, expenditures, and reserves" (§ 66-27-402(a)(2)) and assess at least annually against a board-adopted budget (§ 66-27-414). For residential condos, the board may levy assessments (including reserve assessments) at any time to preserve the physical integrity of the condominium or to comply with government requirements (§ 66-27-414(g)).
• No mandatory reserve study. Unlike California (§ 5550), Tennessee does not require a periodic reserve study or a funded reserve plan — the resale disclosure only requires a statement of whether a reserve exists and whether any adequacy study has been done (§ 66-27-503(4)(A)). (verify — no reserve-study mandate found.)
• HOAs (planned communities): no statutory budget or reserve requirement. Budgeting and reserves are governed entirely by the declaration/bylaws. (verify — statutory gap.)

Architectural control

• No Tennessee statute governs HOA/condo architectural-review procedures, standards, or approval timelines. Architectural authority, application processes, and any deadline come solely from the declaration/CC&Rs (for condos, the association's rule-making power under § 66-27-402(a)(1),(6); amending the declaration itself needs 67% approval under § 66-27-317). (verify — not confirmed; no ARC statute.)
• Tennessee courts enforce architectural covenants but generally require the association to act reasonably, in good faith, and consistently with the covenant's stated standards. (verify — case-law based, fact-specific.)

Protected activities (what an HOA generally cannot prohibit)

• U.S. and military flags (§ 66-27-602): no HOA may adopt or enforce a dedicatory-instrument provision that prohibits (or effectively prohibits) a property owner from displaying the U.S. flag or an official/replica U.S. armed-forces flag; the HOA may impose only reasonable placement/manner rules (Justia § 66-27-602).
• Health/safety warning signage (§ 66-27-603): an HOA may not prohibit signage intended to warn or inform of security, safety, or health precautions or dangerous conditions (added by HB0128, 2021).
• Solar — NOT statutorily protected. Tennessee has no HOA solar-access law (contrast California § 714 / § 4746). The Solar Easement Act, T.C.A. §§ 66-9-201 et seq., only enables voluntary solar easements between owners; it does not override HOA restrictions, so an HOA may restrict or prohibit solar panels unless its own documents allow them (Tennessee Solar Authority). (verify — no HOA solar mandate.)
• No statutory protection for EV charging stations, clotheslines, native/drought landscaping, political/noncommercial signs, religious door displays, or ADUs (all protected in California but not by Tennessee statute) — these are governed entirely by the declaration. (verify — statutory gaps.)

Fair housing & assistance animals

• The Tennessee Human Rights Act (Tennessee Fair Housing), T.C.A. §§ 4-21-601 et seq., together with the federal Fair Housing Act, prohibits housing discrimination — including by HOAs and condo associations — on protected bases such as disability (Justia § 4-21-601).
• Associations must make reasonable accommodations in rules, policies, and practices when necessary to give a person with a disability equal opportunity to use and enjoy a dwelling — this includes allowing service animals and emotional-support animals despite a "no pets" or breed/size rule (§ 4-21-601; parallels federal FHA) (ipropertymanagement TN HOA).
• Complaints are enforced through the Tennessee Human Rights Commission (and HUD). Reliable documentation of a disability-related need may be requested where the need is not obvious. (verify documentation standard against current TN Human Rights Commission guidance.)

Required disclosures

• Condos — resale/transfer package (§§ 66-27-502 – 66-27-503): on request from a unit owner, purchaser, or their lender, the association must provide, within 10 business days, a disclosure package including the declaration/bylaws/charter and amendments, current rules, most recent balance sheet/income statement/approved budget, reserve statement, monthly and special assessments and any delinquencies on the unit, transfer fees, insurance summary, pending litigation, 24 months of meeting minutes, total community delinquencies over 60 days, and whether the board is still under declarant control (Act text §§ 66-27-502–503).
• Condo noncompliance penalty (§ 66-27-505): $250 after the first request and $500 if still not supplied within 10 business days of a second request, plus costs and attorney's fees; a purchaser may also escape undisclosed past-due assessments. Purchase deposits must be escrowed (§ 66-27-506).
• HOAs (planned communities): no statutory resale-disclosure package. Any disclosure duty comes from the declaration or a separate contract; the Nonprofit Corporation Act's records-inspection right (§ 48-66-102) is the main statutory lever. (verify — statutory gap.)

Dispute resolution

• No HOA/condo-specific ADR or "internal dispute resolution" mandate. Tennessee has nothing equivalent to California's IDR (§§ 5900–5915) or mandatory pre-suit ADR (§§ 5925–5965). Disputes are typically resolved through the association's own procedures and, failing that, covenant-enforcement litigation in chancery or circuit court. (verify — statutory gap.)
• For condo assessment actions, the statute awards costs and reasonable attorney's fees to the prevailing party (§ 66-27-415(g)); for other disputes, fee-shifting depends on the declaration. Housing-discrimination disputes go to the Tennessee Human Rights Commission (§ 4-21-601 et seq.).

Recent changes (2023–2026)

• Proposed Tennessee Homeowners Association Act (SB 405): a comprehensive HOA-regulation bill (based on the Uniform Common Interest Ownership framework) has been introduced across multiple General Assemblies but not enacted; if passed it would, for the first time, impose statewide rules on planned-community HOAs (SB0405 bill text; steadily TN guide). (verify current status — repeatedly reintroduced.)
• HB 128 / Public Chapter (2021): amended Chapter 27 to bar HOAs from prohibiting health/safety warning signage and to clarify the effective date of the flag-display protection (§§ 66-27-602 – 603) (HB0128).
• Virtual meetings / electronic notice: Tennessee community associations may use electronic notice and remote/telephonic attendance; the Condominium Act already authorizes these (§§ 66-27-408, 66-27-409(c)) (CAI — TN virtual meeting statute). (verify any standalone 2023–2026 amendment.)
• No 2023–2026 statute has closed the core planned-community HOA gaps (fines, reserves, open meetings, resale disclosures) — these remain governed by the declaration and the Nonprofit Corporation Act. (verify.)

Sources

• Tennessee Condominium Act of 2008 — official bill/Act text (Title 66, ch. 27, Part 4/5) — https://www.capitol.tn.gov/Bills/105/Bill/HB2752.pdf
• Justia — Tennessee Condominium Act, Part 4 (Unit Owners' Association) index — https://law.justia.com/codes/tennessee/title-66/chapter-27/part-4/ ; § 66-27-408 (Meetings) — https://law.justia.com/codes/tennessee/title-66/chapter-27/part-4/section-66-27-408/ ; § 66-27-415 (Lien for assessments) — https://law.justia.com/codes/tennessee/title-66/chapter-27/part-4/section-66-27-415/
• Justia — § 66-27-602 (Display of flags; Part 6 dedicatory instruments) — https://law.justia.com/codes/tennessee/title-66/chapter-27/part-6/section-66-27-602/
• Tennessee Nonprofit Corporation Act — § 48-66-102 (Inspection of records by members) — https://law.justia.com/codes/tennessee/title-48/nonprofit-corporations/chapter-66/part-1/section-48-66-102/ ; § 48-57-105 (Notice of members' meeting) — https://law.justia.com/codes/tennessee/title-48/nonprofit-corporations/chapter-57/part-1/section-48-57-105/ ; § 48-58-201 (Board meetings) — https://law.justia.com/codes/tennessee/2019/title-48/nonprofit-corporations/chapter-58/part-2/section-48-58-201/
• Tennessee Human Rights Act (fair housing) — § 4-21-601 — https://law.justia.com/codes/tennessee/title-4/chapter-21/part-6/section-4-21-601/
• Kaman & Cusimano — Tennessee Condominium Act overview — https://communityassociations.law/tennessee-condominium-act/
• Homeowners Protection Bureau — Tennessee HOA laws + Condo Act full text — https://www.hopb.co/tennessee ; https://www.hopb.co/tennessee-condominium-act-of-2008-title-66-chapter-27-parts-2-to-6
• Dinkelspiel Rasmussen & Mink — condo six-month super-priority reachback — https://www.drmlawmemphis.com/tennessee-condominiums-lender-foreclosures-and-the-six-month-reachback/
• Proposed Tennessee Homeowners Association Act (SB 405) — https://www.capitol.tn.gov/Bills/109/Bill/SB0405.pdf ; HB 128 (2021, signage/flag) — https://www.capitol.tn.gov/Bills/112/Bill/HB0128.pdf
• CAI — Tennessee virtual-meeting statute — https://www.caionline.org/advocacy/advocacy-priorities-overview/electronic-voting-and-virtual-meetings/tennessee-s-virtual-meeting-statute/
• Tennessee Solar Authority — HOA & solar rights (no HOA solar mandate) — https://tennesseesolarauthority.com/hoa-and-solar-rights-tennessee
• Secondary summaries — https://ipropertymanagement.com/laws/tennessee-hoa-rules-regulations ; https://www.steadily.com/blog/tennessee-hoa-laws-regulations

HOA laws in other states

• Alabama HOA laws
• Alaska HOA laws
• Arizona HOA laws
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