Does Tennessee Have an HOA Law? What Actually Governs Your Association

Short answer: no — and that answer is more useful than it sounds.

Tennessee has no single, comprehensive homeowners' association act. There is no Volunteer State equivalent of Florida's Chapter 720, Texas's Chapter 209, or California's Davis-Stirling Act. If you are a board member searching for "the Tennessee HOA law" so you can look up your notice period or your fine cap, you will not find one, because it does not exist.

What Tennessee has instead is a layered set of sources, and which ones apply to your community depends almost entirely on one question: is your community a condominium or not? Most of the confusion in online guidance comes from writers who never ask that question, then quote condominium statutes at single-family boards who are not covered by them.

Here is the actual framework.

Why this question is so hard to answer online?

Three things muddy the search results.

First, the condo/non-condo split gets flattened. Tennessee genuinely does have a detailed statute for condominiums. It is easy to find, it reads like an HOA act, and it is frequently presented as *the* Tennessee HOA law. It is not. It governs condominiums, and a subdivision HOA that assumes those powers and procedures apply to it is working from the wrong rulebook.

Second, a proposed bill keeps getting cited as if it were law. A measure often called the Tennessee Homeowners Association Act — usually referenced by the bill number SB405 — would create a comprehensive framework for single-family associations. It was introduced in an earlier General Assembly and has never been enacted. A surprising amount of published guidance still describes it as "under consideration," language that has been copied forward for years. Treat any page that leans on it as out of date, and check the General Assembly's own bill-tracking site before you rely on a bill's status.

Third, Tennessee's real HOA provisions are scattered. They sit in five short, narrowly drawn parts of the property code, added in different years for different reasons, with no memorable collective name to search for.

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Step one: figure out which community type you are.

Everything downstream depends on this.

If your community is a condominium created on or after January 1, 2009, the Tennessee Condominium Act of 2008 (Title 66, Chapter 27, Parts 2–5) governs it. This is the closest thing Tennessee has to a full common-interest statute — board authority and declarant control, annual meetings, insurance, liens, association records, and disclosure obligations on resale.

If your condominium was created before January 1, 2009, the older Horizontal Property Act (Part 1) is your baseline. But note a wrinkle that trips up a lot of older Tennessee condos: a specific list of sections from the 2008 Act reaches back and applies to pre-2009 condominiums as well, for events and circumstances occurring after January 1, 2009. The records provision is on that list. So an older condo can be subject to both — the Horizontal Property Act generally, plus a handful of 2008 Act sections. Do not assume your master deed's vintage settles the question.

If your community is a subdivision, planned unit development, or townhome community that is not a condominium, there is no comprehensive statute at all. Your governance comes from your recorded declaration and bylaws, the Tennessee Nonprofit Corporation Act if the association is incorporated, and the targeted provisions described below.

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The four sources that actually govern a Tennessee HOA

# 1. Your recorded declaration and bylaws

For a non-condominium association, this is the primary source, not a supplement to one. Meeting notice, quorum, election procedure, budget adoption, architectural review, fines, hearings, collections — Tennessee law prescribes none of that for subdivision HOAs. Your documents do.

That has a consequence boards sometimes miss: restrictive covenants are construed as contracts under Tennessee law. Every procedure your association wrote down is a procedure it is obligated to follow. There is no statutory safe harbor to fall back on if the board skips a step its own bylaws require. In a state with no HOA act, procedural discipline is not a best practice — it is the whole of your legal exposure.

# 2. The Tennessee Nonprofit Corporation Act (Title 48, Chapters 51–68)

Most Tennessee associations are incorporated as nonprofit corporations, which makes this the corporate rulebook underneath the declaration. It supplies director duties, corporate formalities, required records, and — most usefully for owners — a statutory inspection right.

Members may inspect and copy certain corporate records after giving the corporation written demand at least five business days in advance. A second, broader category (accounting records, additional minutes and actions, the membership list) requires the member's demand to be made in good faith and for a proper purpose, described with reasonable particularity, and connected to the records requested. That inspection right cannot be written out of the charter or bylaws. If the association refuses without a reasonable basis, a member can go to court, and a court that orders inspection is also directed to award the member's costs and reasonable attorney fees.

For a Tennessee subdivision HOA, this is the records law. There is no HOA-specific production deadline or penalty schedule of the kind Florida, Nevada, and California each have.

# 3. Title 66, Chapter 27, Parts 6–10 — the targeted HOA provisions

These are Tennessee's actual HOA statutes. They do not build a governance framework; they carve out specific owner protections. Each part defines "homeowners' association" on its own terms, so coverage varies from part to part.

• Flags and warning signs (Part 6). An association cannot prohibit display of the U.S. flag or an official or replica flag of a branch of the armed forces on an owner's property, though reasonable placement and manner rules are allowed. This applies to governing documents created or amended on or after July 1, 2017. Separately, an association cannot ban a sign warning the public about health, safety, or dangerous natural water conditions — a retention pond, for example — where the owner has consulted the appropriate authorities. Part 6 reaches condominiums and horizontal property regimes as well as subdivisions.
• Rental rights and special assessments (Part 7). If a declaration is amended to prohibit or effectively prohibit using a single-family home as a long-term rental — a lease of 180 or more consecutive days — an owner who already owns the property keeps a vested right to continue renting it until the property is transferred. On written request, the association must produce the full voting record of that amendment: ballot language, proof of mailing, attendance, total membership, quorum, and final vote count. These provisions apply to declaration amendments enacted on or after May 1, 2021, and the rental definitions exclude condominiums and units. Part 7 also constrains **special assessments for nonessential amenities** — a pool, tennis court, or clubhouse, but not roads or utilities: the assessment requires a two-thirds vote of the total membership, the association must offer financing or a payment plan, and it cannot foreclose on an owner who does not pay it.
• Gated subdivisions (Part 8). Members of a qualifying gated subdivision can request a report of police activity and arrests, which the board must obtain from local law enforcement and make available to every household. Read this one closely before relying on it: by its own terms it applies only in a county falling within a narrow 2020-census population band, which makes it effectively a local law rather than a statewide right.
• Fidelity bonds (Part 9) — effective January 1, 2027. This is the significant new obligation for Tennessee boards. An association that collects assessments for common expenses must obtain and maintain a blanket fidelity bond or insurance policy covering losses from theft or dishonesty by its officers, directors, employees, managing agent, or the managing agent's employees. Required coverage equals the association's reserve balances plus one-fourth of aggregate annual assessment income, with a $10,000 minimum. Either the board or the managing agent may procure it. For this part, "homeowners' association" expressly includes a condominium unit owners' association.
• Electric-vehicle charging (Part 10) — effective July 1, 2026. An association cannot prohibit an owner from installing an EV charging station for personal use on the owner's own property, including a designated parking location, though reasonable restrictions on number, size, and placement are permitted. The association may restrict chargers in common areas it maintains — but not in an owner's designated parking space, even where that space sits in a common area. The owner indemnifies the association and may be required to carry insurance naming it. A parallel rule applies to condominiums.

# 4. Federal and other state law

The federal Fair Housing Act and the Tennessee Human Rights Act apply regardless of community type; the state act voids discriminatory occupancy covenants outright. Collections conduct can be limited by the federal Fair Debt Collection Practices Act. And Tennessee's former Human Rights Commission was dissolved on June 30, 2025, with its functions moved to the civil rights enforcement division of the Attorney General's office — worth updating in any complaint-procedure language your association still circulates.

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What Tennessee does *not* give you.

This list matters as much as the first one, because it is where boards most often assume a rule exists.

| | Non-condominium HOA | Condominium (2008 Act) |

| Comprehensive governance statute | No | Yes |

| Statutory fine cap | None | No dollar cap; fines must be reasonable |

| Statutory notice + hearing before a fine | No — documents only | Yes |

| Statutory records-production deadline | No — Nonprofit Corporation Act inspection right | Records must be reasonably available to owners |

| Statutory meeting notice period | No — documents only | Annual meeting required; specifics largely from documents |

| Reserve study mandate | No | Yes for boards overseeing common elements above the statutory replacement-cost threshold, updated on a set cadence |

| State regulator | None | None |

That last row deserves emphasis. Tennessee has no HOA ombudsman, no registration requirement, and no administrative complaint process. Nevada has a dedicated regulator; Florida's DBPR oversees condominiums. In Tennessee, an unresolved dispute goes to civil court or it goes nowhere. The Secretary of State's business registry will tell you whether an association is in good corporate standing and who its registered agent is, but it does not police governance.

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A practical checklist for Tennessee boards

1. Confirm your community type in writing. Condominium or not; if a condominium, the creation date relative to January 1, 2009. Record the answer somewhere your next board can find it.
2. Pull your recorded declaration, bylaws, and every amendment from the county register of deeds — not the copy in the outgoing secretary's inbox. The recorded instrument is what binds the property.
3. Verify your corporate standing on the Secretary of State's business search, and confirm your registered agent is a person who still exists and still answers mail.
4. Map your own procedures. Write down what your documents require for notice, quorum, elections, architectural review, fines, and hearings. Since the statute supplies none of it, your documents are the compliance standard.
5. Start the fidelity bond conversation now. The January 1, 2027 requirement is not far out, and the coverage amount depends on figures — reserve balances and annual assessment income — you need current numbers for. Ask your insurance agent what your association carries today.
6. Review architectural rules against the EV charging provision that took effect July 1, 2026, and against the flag provision if your documents were created or amended on or after July 1, 2017.
7. Set a records-request procedure even though no statute prescribes one. A five-business-day inspection right runs against you whether or not anyone at the association knows it exists.
8. If you are a condominium above the reserve-study threshold, confirm when your last study was done and calendar the next one.

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FAQ:

Does Tennessee have an HOA law?

Not a single comprehensive one. Condominiums are governed by the Tennessee Condominium Act of 2008 or the older Horizontal Property Act. Non-condominium associations are governed by their recorded declaration and bylaws, the Tennessee Nonprofit Corporation Act if incorporated, and a set of targeted provisions in Title 66, Chapter 27, Parts 6–10.

Is the Tennessee Homeowners Association Act (SB405) in effect?

No. It was introduced in an earlier legislative session and was never enacted. Guidance describing it as currently pending is generally repeating old language.

Can a Tennessee HOA fine me, and is there a cap?

For non-condominium associations, fining authority comes from the governing documents, and Tennessee sets no statutory dollar cap and no statutory hearing requirement. For condominiums under the 2008 Act, fines require notice and an opportunity to be heard, and must be reasonable — but there is no fixed dollar limit.

How do I get records from my Tennessee HOA?

If the association is incorporated, the Nonprofit Corporation Act gives members an inspection right exercisable on at least five business days' written demand, with a good-faith-and-proper-purpose requirement for the broader category of records. Condominium owners also have records rights under the condominium statutes. There is no HOA-specific production deadline or per-day penalty in Tennessee.

Do Tennessee HOAs have to carry a fidelity bond?

Beginning January 1, 2027, an association that collects assessments for common expenses must maintain a blanket fidelity bond or equivalent policy covering theft or dishonesty by those handling association funds, in an amount equal to reserve balances plus one-fourth of annual assessment income, with a $10,000 floor.

Can my HOA stop me from installing an EV charger?

As of July 1, 2026, generally no — not for personal use on your own property or in your designated parking location. The association may set reasonable restrictions on number, size, and placement, may require indemnification and insurance, and retains more control over common areas it maintains.

Is there a state agency that regulates Tennessee HOAs?

No. Tennessee has no HOA regulator or ombudsman. Disputes are resolved under the governing documents or in civil court.

This article is general information about Tennessee law, not legal advice, and it is not a substitute for reading your own governing documents or consulting a Tennessee attorney. Statutes change; effective dates shift; several of the provisions above are new or not yet in force. Confirm the current text against the official Tennessee Code before acting on anything here.

Where this leaves your board.

Boards in states with comprehensive HOA acts spend a lot of energy tracking statutory change. Tennessee boards have the opposite problem: almost nothing is imposed from above, so almost everything turns on whether the association can produce its own record — the recorded declaration, the minutes, the vote counts, the financials, the amendment history. When a Tennessee dispute becomes a legal question, it is usually a question about what the documents say and whether the board followed them. That is a records problem before it is a legal one.

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## Sources

- [Tennessee HOA Laws, Regulations & Resources — Homeowners Protection Bureau](https://www.hopb.co/tennessee)

- [Tennessee HOA Laws, Title 66, Ch. 27, Parts 6–10 (full statutory text) — HOPB](https://www.hopb.co/tennessee-hoa-laws-title-66-chapter-27-parts-6-to-10)

- [Tenn. Code Ann. § 48-66-102, Inspection of records by members — FindLaw](https://codes.findlaw.com/tn/title-48-corporations-and-associations/tn-code-sect-48-66-102/)

- [Tenn. Code Ann. § 48-66-104, Court-ordered inspection — FindLaw](https://codes.findlaw.com/tn/title-48-corporations-and-associations/tn-code-sect-48-66-104/)

- [Tenn. Code Ann. § 66-27-417, Association records — Justia](https://law.justia.com/codes/tennessee/title-66/chapter-27/part-4/section-66-27-417/)

- [Tenn. Code Ann. § 66-27-403, Board of directors; reserve studies — FindLaw](https://codes.findlaw.com/tn/title-66-property/tn-code-sect-66-27-403/)

- [Tennessee Condominium Act, including § 66-27-202 applicability — Kaman & Cusimano](https://communityassociations.law/tennessee-condominium-act/)

- [Tennessee Horizontal Property Act, § 66-27-113 — Kaman & Cusimano](https://communityassociations.law/tennessee-horizontal-property-act/)

- [Senate Bill 2326 (fidelity bonds), as signed — Tennessee General Assembly](https://www.capitol.tn.gov/Bills/114/Bill/SB2326.pdf)

- [New Tennessee laws mandate fidelity bonds for HOAs — Insurance Business](https://www.insurancebusinessmag.com/us/news/risk-compliance-legal/new-tennessee-laws-mandate-fidelity-bonds-for-hoas-restructure-insurance-committees-573306.aspx)

- [Senate Bill 405 (proposed Tennessee Homeowners Association Act) — Tennessee General Assembly](https://www.capitol.tn.gov/Bills/109/Bill/SB0405.pdf)

- [HOA Management in Tennessee: SB405 status — ManageCasa](https://managecasa.com/articles/hoa-management-in-tennessee)