Tennessee has two HOA laws — and most homeowners don't know which one applies to them. This isn't a minor distinction. It determines whether you have statutory notice and hearing rights, or whether your rights come only from your CC&Rs.
If you live in a condominium, Tennessee statute requires your HOA to give you notice and an opportunity to be heard before imposing a fine under §66-27-402(11). The fine must be “reasonable.” Your protections are written into state law.
If you live in a single-family planned community, Tennessee has no comprehensive HOA act for you. Your rights come from your CC&Rs, the Tennessee Nonprofit Corporation Act (§48-51-101 et seq.), and a small set of targeted state statutes. This sounds like bad news — it isn't. Tennessee courts enforce CC&Rs strictly as binding contracts. Every procedural step your HOA wrote down is an obligation it must follow.
This guide covers exactly what Tennessee law requires for each community type, the specific statutes you can cite, and how to dispute a fine whether you're in a condo or a planned community.
Before you can cite a statute, you need to know which framework governs your community. The two types look similar from the outside but are legally very different.
Practical tip: Check your closing documents or county recorder. If unsure, ask your HOA in writing which Tennessee statute they operate under — document the response.
| TN (Condo) | TN (Single-Family) | Florida | California | |
|---|---|---|---|---|
| Comprehensive HOA Act | Yes (§66-27-201+) | No | Yes (Ch. 720) | Yes (Davis-Stirling) |
| Statutory fine cap | None ("reasonable") | None | $100/violation; $1,000 aggregate | $500 |
| Notice required by statute | Yes | No (CC&R only) | Yes (14 days) | Yes (10 days) |
| Hearing required by statute | Yes (§66-27-402(11)) | No (CC&R only) | Yes | Yes |
| Records access by statute | Yes (§66-27-417) | Via Nonprofit Corp Act | Yes | Yes |
| Solar protection | Easements only | Easements only | No | Strong (§714) |
| Political sign protection | Yes (post-2017 docs) | Yes (post-2017 docs) | Limited | Yes |
Tennessee's Condominium Act (§66-27-201 et seq. for communities formed on/after January 1, 2009) gives condo owners the clearest statutory protections in the state. These are not optional — they are minimum requirements your association must meet.
The Tennessee Condominium Act explicitly requires that after notice and an opportunity to be heard, the association may levy reasonable fines for violations of the declaration, bylaws, and rules and regulations. This is statutory — not optional. If your condo association imposed a fine without providing you notice AND an opportunity to be heard, the fine is statutorily defective.
There is no dollar cap, but the statute's "reasonable" requirement gives you a genuine challenge tool. Factors that make a fine unreasonable: disproportionate to the violation, inconsistent with how the HOA treats similar violations by other owners, or exceeds the published fine schedule.
Tennessee's Condominium Act states that a lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within six years after the date the lien for the assessment becomes effective. This is a hard deadline — after six years, the lien is gone by operation of law.
Under §66-27-417 (Association Records) and §66-27-502, Tennessee condo associations must provide records to unit owners upon written request. This includes governing documents, financial records, meeting minutes, rules, balance sheet, income statement, approved budget, and current fine schedule.
Members have the right to attend meetings, vote on issues reserved to members, and participate in board elections under §66-27-403. Meeting notice requirements are governed by §66-27-408. If the HOA took action at a meeting without proper notice to members, those actions may be voidable.
Tennessee has no comprehensive HOA act for single-family planned communities. Your rights come from four sources:
Tennessee courts enforce CC&Rs strictly as written contracts. This creates a powerful defense: any procedural deviation by your HOA is a breach of its own binding agreement. You don't need a statute — you need to read your own CC&Rs carefully.
Tennessee courts treat governing documents as binding contracts. Any deviation is a breach that can void the fine — regardless of whether the underlying violation actually occurred.
Most single-family HOAs are nonprofit corporations under Tennessee law. Members have the statutory right to inspect books and records under §48-66-101 et seq. This includes meeting minutes, financial statements, governing documents, and the fine schedule.
Member meeting rights, voting rights, and board election rights in single-family HOAs are governed by the Nonprofit Corporation Act (§48-57-101 et seq.). Notice requirements for member meetings and the rights of members to inspect records at meetings are spelled out in this framework.
Tennessee courts recognize selective enforcement as a defense to HOA fines. If your HOA consistently ignores the same type of violation by other homeowners and then selectively enforces against you, the fine may be unenforceable as an abuse of discretion.
There is no Tennessee statute authorizing single-family HOA fines. That means every fine must trace back to an express authorization in your CC&Rs or bylaws. If the fine is for conduct not mentioned in your CC&Rs, or the amount exceeds the published fine schedule, it is unenforceable.
Regardless of your community type, several Tennessee and federal laws set floors that no HOA can go below.
§2-7-143 prohibits HOA bans on political signs supporting or opposing candidates for public office. Reasonable restrictions on size, location, and duration are allowed — outright bans are not.
The Freedom to Display the American Flag Act of 2005 prohibits HOAs from banning U.S. flag display. This is federal law — it applies regardless of what your CC&Rs say, regardless of when they were adopted.
The FCC's Over-the-Air Reception Devices rule prohibits unreasonable restrictions on satellite dishes and antennas under one meter in diameter. HOA rules that effectively prevent installation or require prior approval are preempted by federal law.
The Tennessee Solar Easement Act provides a framework for creating solar easements between neighboring property owners. It does not directly override HOA CC&R restrictions on solar installations the way California's §714 or Arizona's §33-1816 do. However, an unreasonable total prohibition on solar installations may be challengeable on common-law grounds as an unreasonable restraint on use of property.
Our free analyzer reviews your violation notice against Tennessee law — it identifies whether you're in a condo or single-family community, applies the correct statutes, and generates a dispute letter citing the exact provisions the HOA violated.
Analyze My Tennessee Fine — Free Preview →Not every fine is worth fighting. There are situations where paying — or negotiating a settlement — is the smarter move:
Knowing your rights doesn't mean you have to exercise every one of them every time. The goal is to make an informed decision — not to fight out of principle when it costs more than it saves. For more on common unenforceable situations, see our guide on common unenforceable HOA rules.
Partially. Tennessee has a comprehensive Condominium Act (§66-27-201 et seq.) for condos formed on or after January 1, 2009, and the Horizontal Property Act (§66-27-101 et seq.) for older condos. But Tennessee has NO comprehensive act for single-family planned communities — those are governed by CC&Rs and the Tennessee Nonprofit Corporation Act (§48-51-101 et seq.).
No dollar cap. Tennessee condos require fines to be "reasonable" under §66-27-402(11) — unreasonable fines are challengeable. Single-family HOAs are bound by their CC&Rs' fine schedule. A fine exceeding the published schedule is not authorized and can be disputed on that basis alone.
Depends on your community type. Condos: No — §66-27-402(11) requires notice and an opportunity to be heard before any fine. Single-family: Only if your CC&Rs allow it — there is no statutory mandate for hearings in single-family Tennessee communities. Always check your governing documents for the specific procedure required.
There is no dedicated state HOA oversight agency. Your options: Tennessee AG Consumer Protection Division (deceptive practices), General Sessions Court for small claims up to $25,000, Tennessee Human Rights Commission (discrimination), Tennessee Chancery Court for larger disputes and declaratory judgment.
Condos: 6 years from when the lien becomes effective under §66-27-415(e) — after 6 years, the lien is automatically extinguished. Single-family: Tennessee's 6-year written contract statute of limitations (§28-3-109) typically applies to CC&R enforcement disputes.
Generally no, if your CC&Rs were adopted on or after July 1, 2017. Tenn. Code §2-7-143 protects political signs supporting or opposing candidates. Reasonable size, location, and duration restrictions are allowed. Important: if your CC&Rs were adopted before July 1, 2017, this statute may not override a pre-existing ban.
Formation date determines which applies. The Horizontal Property Act (§66-27-101 et seq.) governs condos formed before January 1, 2009. The Tennessee Condominium Act of 2008 (§66-27-201 et seq.) governs condos formed on or after that date. If you are unsure which applies, check your condo's original recorded declaration for the formation date.
You now understand the two legal frameworks Tennessee uses — and which defenses apply to your community type. Here is where to go next:
Use our free analyzer to check your Tennessee HOA fine. The free preview identifies procedural defects and recommended defenses. Full dispute letter citing the exact statute: $9.99.
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