If you’ve ever lived in a planned community in Tennessee, chances are good that you’ve had an experience with an HOA before. In Tennessee, HOAs are common; however, unlike some other states, there is no single law that governs everything they do.
Many Tennessee homeowners’ associations use property management software to help keep everything together and on track. Stay with us to learn everything you need to know about Tennessee HOA laws.
Who Regulates HOAs in Tennessee?
While Tennessee does have a Tennessee Homeowners Association Act, it is mostly an administrative law and is not very substantial. The Tennessee Nonprofit Corporation Act (found in Title 48, Chapter 51 of the Tennessee Code), however, provides more detailed information on nonprofit HOAs.
Beyond Tennessee HOA laws, associations usually have their own internal governing documents that govern and regulate the HOA. While each one is unique, these documents typically include:
- Articles of Incorporation
- Bylaws
- Declaration of Covenants, Conditions, and Restrictions
- Other rules and regulations for the HOA
Tennessee HOAs are also subject to applicable federal and state laws, including:
- The Americans with Disabilities Act of 1990
- The Fair Housing Act
- Code of Federal Regulations
- Tennessee Horizontal Property Act
- Tennessee Condominium Act
- Tennessee Human Rights & Disability Act
How to Find HOA Regulations in Tennessee
To find HOA rules and regulations in Tennessee can sometimes take a little digging, as they are not public records. Some documents, such as declarations, are recorded with the county register of deeds and the Tennessee Secretary of State. You can find these documents at their local office by paying a small filing fee .
Some HOA information, such as the start date, address, officers, and more, can also be found through the Tennessee Secretary of State Business Search. To obtain documents filed with the Tennessee Secretary of State, you can file a Request for Copy of Documents form, which can be mailed or delivered in person, and pay a $20 filing fee.
HOA Powers in Tennessee
In Tennessee, HOAs have the power to collect payments for common assessments and dues, assess charges to maintain and operate the community’s common areas, and levy reasonable fines .
The associations’ governing documents will also grant the HOA additional powers, such as restrictions on association membership, exterior paint colors, parking requirements, fencing, and more.
Can an HOA Impose Fines on a Homeowner in Tennessee?
Under Tennessee HOA laws, an association can impose fines on a homeowner . However, Tennessee law doesn’t set specific limits or stipulations on the fines. Instead, the HOA’s governing documents usually spell out:
- What counts as a violation
- How the association calculates fines
- What notice is required
On the other hand, an HOA cannot fine, or even generally prohibit, the following:
- Renting out their property
- Installing a satellite dish or antenna
- Displaying the American flag, as long as they follow federal flag display guidelines
While the HOA cannot prohibit these items, its governing documents may establish reasonable rules and guidelines regarding their placement or size.
Can an HOA Take a Homeowner’s House in Tennessee?
Unlike some other states, Tennessee HOA laws have no provision stating whether an HOA can take a homeowner’s home. Instead, you’ll find this information inside your HOA’s governing documents.
Alternatively, Tennessee law has specific codes governing condos overseen by an HOA. In these cases, condo HOAs can take a homeowner’s house for unpaid fines or liens, once proper notice is given .
Tennessee HOA laws defer to the associations’ governing documents for eviction proceedings, as there is no provision regarding HOAs’ eviction of homeowners or tenants.
Can an HOA Enter a Homeowner’s Property in Tennessee?
Once again, no state law gives HOAs the right to enter a homeowner’s property in Tennessee. Most governing documents, however, outline the specifics for allowing the HOA to enter as necessary to maintain:
- Units: spaces in and around homes that are collectively owned by the HOA, such as balconies
- Common elements: shared spaces in and around the house that are collectively owned by the HOA, such as a community pool
- Shared utilities: utilities provided directly through the HOA, such as water or sewage
Unless there is a true emergency, HOAs must give prior notice before entering a homeowner’s property. The timelines can vary, but usually range from 1 to 2 weeks. You can find this information in your HOA’s governing documents.
Where Do Homeowners File Complaints Against Their HOA in Tennessee?
If you have an issue with your HOA and need to file a complaint, where you do this will depend on the type of issue you have.
If your complaint is about HOA fees, you can file a complaint with:
- The Office of the Attorney General
- The Federal Trade Commission
- The Consumer Financial Protection Bureau
Under the Fair Debt Collection Practices Act, you also have 1 year from the violation date to file in state or federal court.
If you believe you are a victim of housing discrimination, you can file a complaint with the Office of the Attorney General’s Civil Rights Enforcement Division or the U.S. Department of Housing and Urban Development. You can also file a private lawsuit in state or federal court.
For all other complaints, consider filing a claim in state court in your appropriate county.
Joining and Leaving an HOA in Tennessee
In Tennessee, there is also no state provision detailing how to join or leave an HOA, so the HOA’s governing documents determine these processes. Usually, you receive a copy of your HOA’s governing documents at closing.
Most often, there are two types of HOAs:
- Mandatory HOAs: When you buy a home with a mandatory HOA, you automatically join the association when you buy your home, and you are responsible for abiding by its rules. In these HOAs, you cannot leave freely. Most homeowners sell their home, or you can petition the HOA for removal, although there are no guarantees .
- Voluntary HOAs: In this type of HOA, you can choose whether or not to join the association when you purchase your home. If you choose to become a member, you can also leave at any time by stopping your HOA payments.
How to Dissolve an HOA in Tennessee
Sometimes, the process for dissolving a Tennessee HOA is outlined in the governing documents. If not, there are several steps the board must take:
- The board must recommend dissolution at an HOA meeting
- The members conduct a vote
- At least two-thirds must approve the vote of the members to move forward
If at least two-thirds of the members approve the dissolution, the board will draft a summary plan for the dissolution . Once the board drafts the plan, the HOA must file an Article of Dissolution with the Tennessee Secretary of State.
The HOA is dissolved upon filing unless a specific effective date is outlined in the Articles of Dissolution .
Tennessee HOA Laws FAQs
Are HOA rules public in Tennessee?
Some are, but some aren’t. Declarations are usually recorded with the county and are available to the public; however, governing documents are available only directly through the HOA.
Can an HOA fine you in Tennessee?
Yes, but the amount and process are usually defined by the HOA’s governing documents rather than by Tennessee HOA laws.
Can an HOA foreclose on a home in Tennessee?
It depends. Condo associations have clearer authority to foreclose under Tennessee HOA laws. Other HOAs usually rely on their governing documents for foreclosure rights.
Sources
- 1 Tenn. Code § 48-51-303
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(d) In addition to the other filing requirements of chapters 51-68 of this title, a copy of all documents specified in subdivisions (a)(1), (11), (12), (17), (19)-(21) shall also be filed in the office of the register of deeds in the county wherein a corporation has its principal office, if such principal office is in Tennessee, and in the case of a merger, in the county in which the new or surviving corporation shall have its principal office, if such principal office is in Tennessee. The register of deeds may charge five dollars ($5.00) plus fifty cents (50¢) per page in excess of five (5) pages for such filing.
Source Link - 2 Tenn. Code § 48-53-102
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(16) Impose dues, assessments, admission, service and transfer fees upon its members… (19) Do all things necessary or convenient, not inconsistent with law, to further the activities and affairs of the corporation.
Source Link - 3 Tenn. Code § 66-27-703
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The owner of a property subject to a declaration that is amended to prohibit, or effectively prohibit, the use of single family residential real property as long-term rental property during the period of the owner’s ownership of the property has a vested right to use the property as long-term rental property until the owner transfers the property.
Source Link - 4 Over-the-Air Reception Devices Rule (OTARD Rule)
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 5 4 U.S.C. § 5
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A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Source Link - 6 Tenn. Code § 66-27-415
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(a) (1) The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due, which lien may be foreclosed by judicial action. (2) Notwithstanding subdivision (a)(1), the declaration may provide that the association’s lien may be foreclosed in like manner as a deed of trust with power of sale under title 35, chapter 5; provided, that the association shall give notice of its action to the unit owner and to all lienholders of record prior to the first publication of notice as required under title 35, chapter 5.
Source Link - 7 Can you refuse to join an HOA?
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… membership in voluntary HOAs is optional… If you enter into a voluntary HOA, you can leave whenever you want by stopping your payments, although you’ll stop receiving the benefits of the HOA… When you buy a house in a community governed by a mandatory HOA, you automatically become a dues-owing HOA member. When you become a member, you stay a member for as long as you own the property or until the HOA is dissolved (which is very rare). At your home’s closing, you will have to sign documents agreeing to abide by the HOAs rules and pay any assessments, fees, or fines associated with the HOA or incurred by violating HOA rules…. Unless you can gain enough support in your community to let you leave the HOA voluntarily, you will have to hire an attorney to try to convince a judge that you should be allowed to leave.
Source Link - 8 Tenn. Code § 48-64-102
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(b) A corporation’s board of directors may propose dissolution for submission to the members… (f) Unless the charter, bylaws, the board of directors, or members (acting pursuant to subsection (c)) require a greater vote or voting by class, the proposal to dissolve to be adopted shall be approved by two thirds (⅔) of the votes cast by members or a majority of the voting power, whichever is less.
(g) If the board seeks to have dissolution approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the plan of dissolution. (h) The plan of dissolution shall indicate to whom the assets owned or held by the corporation will be distributed after all creditors have been paid.
Source Link - 9 Tenn. Code § 48-64-104
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(a) At any time after dissolution is authorized, the corporation may dissolve by delivering to the secretary of state for filing articles of dissolution… (b) Unless a delayed effective date is specified in the articles of dissolution, a corporation is dissolved when the articles of dissolution are filed.
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