Tennessee HOA laws are unusual in one important way: there is no comprehensive state statute governing homeowners’ associations. Most Tennessee HOAs operate under the Tennessee Nonprofit Corporation Act, their own recorded declaration of covenants (CC&Rs) and bylaws, and a short list of targeted statutes covering things like flag display, political signs, solar panels, records access, and assessment liens.1Tennessee Attorney General. What Every Board Member Should Know – A Guidebook for Tennessee Nonprofits The practical result: your governing documents carry unusual weight in Tennessee, and reading them carefully is the single most useful thing a homeowner can do.
The Legal Framework
Tennessee has never adopted a uniform planned-community act. The legislature has considered comprehensive HOA legislation on and off, but as of 2026 no such bill has passed. For traditional subdivision HOAs, the Nonprofit Corporation Act supplies the structural rules: board governance, meeting procedures, member voting, records access. The substantive rules of community life come from the association’s own declaration and bylaws.
Condominiums built on or after January 1, 2009 sit in a different bucket. They are covered by the Tennessee Condominium Act of 2008, in Title 66, Chapter 27 of the Tennessee Code, which adds statutory protections around assessment liens, resale disclosures, and certain purchaser rights that traditional subdivision HOAs do not receive.2Tennessee Advisory Commission on Intergovernmental Relations. HOA Report to the Tennessee General Assembly If you live in a traditional subdivision HOA, most of that condominium-specific law does not apply to you.
There is also no state agency in Tennessee that regulates HOAs. When a dispute arises, you cannot file a complaint with a regulator. Your options are internal resolution, mediation or arbitration if the governing documents require it, and the courts.2Tennessee Advisory Commission on Intergovernmental Relations. HOA Report to the Tennessee General Assembly
Your Governing Documents and Which One Wins
Three layers of documents control a Tennessee HOA community, and they follow a clear hierarchy. The declaration sits on top, the bylaws come next, and board-adopted rules sit at the bottom. When they conflict, the higher document wins.
Declaration of CC&Rs
The declaration is the foundational document. It sets property use restrictions, maintenance responsibilities, assessment authority, and enforcement powers. Once recorded with the county register of deeds, the CC&Rs bind every current and future owner in the community. Tennessee courts enforce recorded covenants as contracts unless they violate public policy or state law. Amending a declaration usually requires a supermajority vote of the membership, which is what makes CC&Rs hard to change by design.
Bylaws
Bylaws govern the association’s internal machinery: how directors are elected, when meetings are held, what officers do, how votes are counted. They do not directly regulate homeowner behavior, and they must stay consistent with the charter and the declaration.
Board-Adopted Rules
The board can adopt additional rules covering day-to-day matters like parking, pets, noise, and architectural modifications. These are the easiest to change; a board vote is usually enough. They must stay within the authority the declaration grants. A court can strike down a rule that is arbitrary, discriminatory, or contradicts the CC&Rs. Most enforcement disputes start here: a homeowner argues that a board rule exceeds what the declaration actually allows.
Assessments, Liens, and Foreclosure
The financial side of HOA membership is where Tennessee homeowners face the most exposure, and where the traditional-versus-condominium split matters most.
How Much the HOA Can Charge
Tennessee does not cap HOA assessment amounts. The limit on what the board can charge comes from the declaration itself. Some declarations require a homeowner vote to raise assessments above a set threshold; others give the board broad discretion. If the declaration is silent on approval, the board generally has authority to set assessments as needed. Assessments must be applied uniformly across the community using the formula in the CC&Rs.
Lien Rights
For condominium associations under the Tennessee Condominium Act, the law creates an automatic lien on any unit whose owner falls behind on assessments or owes fines. The lien attaches the moment the assessment becomes due and takes priority over most other claims against the property, with one major exception: a first mortgage or deed of trust recorded before the assessment became delinquent stays senior.3Justia Law. Tennessee Code 66-27-415 – Lien for Assessments
When a first mortgage holder forecloses, the condominium association’s lien keeps a limited priority: up to six months of common expense assessments immediately preceding the foreclosure action, capped at 1% of the first mortgage’s original principal balance.3Justia Law. Tennessee Code 66-27-415 – Lien for Assessments
For traditional (non-condominium) HOAs, lien rights depend entirely on the declaration. If the CC&Rs include a lien provision, it is generally enforceable. Without one, the HOA may need to pursue a money judgment in court to collect.
HOA Foreclosure
A condominium association can foreclose its assessment lien through judicial foreclosure, filing a lawsuit and getting a court order for sale. If the declaration specifically allows it, the association can also use nonjudicial foreclosure, following the same process as a deed of trust sale. Before any nonjudicial foreclosure, the association must notify the unit owner and all lienholders of record by mail, with notice considered received three days after mailing.3Justia Law. Tennessee Code 66-27-415 – Lien for Assessments
An HOA foreclosure remains subordinate to any prior mortgage. The sale does not wipe out the first mortgage lien, which limits the practical value of HOA foreclosure when a large mortgage balance exists. Delinquent assessments can also accrue late charges and interest if the declaration allows it. Tennessee law does not impose a specific statutory cap on late fees for HOA assessments, so reasonableness is judged by the courts against the terms in your CC&Rs.
Records You Can Inspect
The Nonprofit Corporation Act gives homeowners real access to their HOA’s records. The association must keep minutes of all board and member meetings, accounting records, a membership list, copies of its charter and bylaws, and all written communications sent to members for the past three years.4Justia Law. Tennessee Code 48-66-101 – Corporate Records
Members have the right to inspect and copy these records during regular business hours at a reasonable location. You need to submit a written request at least five business days before the inspection date. For certain categories, including accounting records and the membership list, you must state a proper purpose. The right to inspect records cannot be eliminated or narrowed by the association’s charter or bylaws.5Justia Law. Tennessee Code 48-66-102 – Inspection of Records by Members If the board refuses a legitimate request, a court can order production.
Homeowner Protections That Override the CC&Rs
Tennessee has enacted a handful of targeted statutes that override HOA restrictions on specific activities, no matter what the CC&Rs say.
Flag Display
No HOA can prohibit a homeowner from displaying the American flag or an official flag of any U.S. military branch on their own property. The association can set reasonable rules about how and where flags are displayed, but an outright ban is void. Homeowners must follow the federal flag code when displaying the U.S. flag. This protection applies to declarations created or amended on or after July 1, 2017.6Justia Law. Tennessee Code 66-27-602 – Display of Flags by Property Owners
Political Signs
An HOA cannot ban political or campaign signs placed on private property by the owner or a lawful resident. The association can adopt reasonable rules about placement and removal, including limiting signs to four square feet in both common areas and private property. This protection applies to agreements executed or modified after July 1, 2017.7Justia Law. Tennessee Freedom of Speech Act
Solar Energy Systems
Tennessee’s Solar Access Act voids any covenant or deed restriction that effectively prohibits installation of a solar energy collection system. An HOA can impose reasonable aesthetic controls, such as preferring panel placement between roof faces or requiring screening of ground-mounted systems, as long as those rules do not materially impair performance or make installation unreasonably expensive. If your HOA tells you solar panels are flatly banned, the restriction carries no legal weight under Tennessee law.
Rule Enforcement and Fines
HOAs in Tennessee can enforce community rules, but process matters as much as outcome. Enforcement typically progresses from a written notice identifying the violation, to an opportunity to correct it, to fines or suspended privileges if the problem continues. Fines must be reasonable and proportionate. Courts can throw out penalties that are excessive or that the board imposed without following its own procedures.
Before imposing a fine, the association should give the homeowner notice and a chance to respond. For condominium associations, providing that opportunity is a prerequisite for the fine to be enforceable as part of an assessment lien.3Justia Law. Tennessee Code 66-27-415 – Lien for Assessments Selective enforcement is the fastest way to get a violation overturned. If the board ignores identical violations by other homeowners, a judge is unlikely to uphold the fine against the one owner the board decided to target.
Board Fiduciary Duties
Board members owe the association a fiduciary duty. Under the Nonprofit Corporation Act, each director must act in good faith, with the care an ordinarily prudent person in a similar position would exercise, and in a way the director reasonably believes serves the association’s best interests.8FindLaw. Tennessee Code 48-58-301 – Standards of Conduct for Directors Directors can rely on reports from officers, accountants, legal counsel, and board committees, but that reliance must be reasonable; a director who has personal knowledge contradicting the information loses the protection.
When a board member has a financial interest in an association transaction, Tennessee law requires disclosure. The conflicted director must reveal the relevant information, and the unconflicted directors then deliberate and vote without the conflicted member. At least two qualified directors must approve the transaction for it to stand.9Justia Law. Tennessee Code 48-58-703 – Conflicting Interest Transaction Board members who hire their own companies for association work without following this process expose both themselves and the association to legal challenge.
Directors of nonprofit organizations are immune from suit for actions taken in their board capacity unless the conduct rises to willful, wanton, or gross negligence.10FindLaw. Tennessee Code 48-58-601 – Immunity From Suit That is a high bar. Picking the wrong landscaping contractor will not create personal liability. Self-dealing, fraud, or deliberately ignoring legal obligations can.
Resale Disclosures for Condominium Buyers
When a unit in a condominium association changes hands, the buyer is entitled to a detailed disclosure package. The association must provide:
- Association identity and status: name, principal address, current rules, any pending lawsuits involving the association, and whether the board is still under developer control.
- Financial health: the most recent balance sheet, income statement, and approved budget, including the amount held in reserves for repairs and replacements and whether a reserve study has been conducted.
- Unit-specific charges: the current monthly assessment, any special assessments on the unit being sold, any delinquencies on that unit, and transfer fees triggered by the sale.
- Community-wide delinquencies: the total amount of assessments across all units that are more than 60 days past due.
- Association debt: any indebtedness secured by common elements or amenities.
These requirements are set out in the Tennessee Condominium Act.11Justia Law. Tennessee Code 66-27-503 – Information to Be Provided For traditional non-condominium HOAs, Tennessee law does not mandate the same disclosure. Buyers in those communities should request financial statements, reserve balances, and any pending litigation directly from the association and consider making the purchase contingent on receiving satisfactory answers.
Resolving Disputes Without a Regulator
Because Tennessee has no HOA oversight agency, disputes follow a predictable path: internal resolution first, then formal alternatives. Many governing documents require mediation or arbitration before a homeowner can file a lawsuit. These processes are faster and less expensive than court and resolve a surprising number of disputes when both sides participate in good faith.
If alternative dispute resolution fails, homeowners can file suit in Tennessee chancery or circuit court. Courts generally respect board decisions made in good faith and within the scope of the governing documents, but they will intervene when a board acts beyond its authority, violates the declaration, or treats homeowners inconsistently.2Tennessee Advisory Commission on Intergovernmental Relations. HOA Report to the Tennessee General Assembly Some homeowners have successfully obtained injunctions against improper assessments or enforcement actions.
Read your governing documents’ attorney’s fee provisions before filing anything. Many declarations include a prevailing-party clause, meaning the loser pays the winner’s legal costs. That provision cuts both ways. It can deter the association from overreaching, and it raises the financial stakes for a homeowner who challenges the board and loses.