SB405 Tracker: Tennessee's Proposed Homeowners Association Act

Current status at a glance:

Watch for confusion: bill numbers reset every General Assembly. The "SB405" you see in current news is not the HOA bill.

The timeline:

February 2015: SB405 is introduced. Filed as SB 405 (Senate) and HB 610 (House), the Tennessee Homeowners Association Act proposed a new statutory framework for "all common interest communities that may be used for residential purposes." It would have:

• applied some sections to every community regardless of when it was created, and the rest only to events after July 1, 2015;
• exempted condominiums governed by the Tennessee Condominium Act of 2008; and
• added new sections to Title 66, Chapter 27 of the Tennessee Code.

Industry reaction was mixed. One Memphis community association law firm called it "a solution looking for a problem" and urged more review before passage.

2016: Sent to summer study. According to the Community Associations Institute's Tennessee Legislative Action Committee, the House sent the bill to summer study, and the Senate version sat in a Commerce and Labor subcommittee. It never came back, and it died when the 109th General Assembly ended.

2024: SB 2000 tries again. A new comprehensive HOA act covering board powers, minimum bylaw standards, meeting procedures during declarant control, and removal of board members was filed. It was **withdrawn**.

2025-2026: Piecemeal, not comprehensive. Rather than one HOA act, lawmakers passed targeted bills. The two that matter most for boards:

• Blanket fidelity bonds (SB 2326 / HB 2338, Public Chapter 731). Associations that collect common-expense assessments must carry a fidelity bond covering theft by officers, directors, employees, and managing agents. Coverage equals reserves plus one-fourth of annual assessment income, with a $10,000 minimum. Effective January 1, 2027.
• EV charging stations (SB 1787 / HB 1875, Public Chapter 914). Associations can't bar owners from installing personal EV chargers, though they can set reasonable conditions. They may restrict chargers in common areas, but not in an owner's designated parking space.

So what governs a Tennessee HOA today?

Without a dedicated HOA act, a non-condo Tennessee association answers to a patchwork:

1. Your governing documents. The declaration, bylaws, and rules do most of the work. They set assessments, fines, meetings, and enforcement.
2. The Tennessee Nonprofit Corporation Act (Title 48), if the HOA is incorporated as a nonprofit, as most are. It covers annual meetings, member notice, and records inspection, including the five-business-day written demand under Tenn. Code Ann. § 48-66-102.
3. Targeted statutes on flags, political signs, fair housing, fidelity bonds (2027), and EV chargers.
4. The condo statutes, but only for condominiums: the Horizontal Property Act for pre-2009 condos and the Condominium Act of 2008 for newer ones. (See our guide to [Tennessee condo records under each act](/blog/tennessee-condo-records-2008-act-vs-horizontal-property-act).)

What to watch next:

The 115th General Assembly convenes in January 2027. Signs that a comprehensive HOA act is back in play:

• a bill captioned "Tennessee Homeowners Association Act" or "Homeowners' Association Act";
• bills amending Title 66, Chapter 27 that apply to *all* residential common interest communities, not just condos; and
• bills addressing records, open meetings, or fine-and-hearing procedures for HOAs, the areas where Tennessee owners currently rely on governing documents alone.

We'll update this page when any of those are filed.

What boards should do in the meantime:

• Don't plan around SB405. It isn't pending and doesn't apply.
• Read your own documents. With no HOA act, your declaration and bylaws are the rulebook.
• Confirm your nonprofit status and align records and meeting practices with Title 48.
• Line up the fidelity bond before January 1, 2027.
• Update architectural rules to reflect the EV charger law.

FAQ

• Is Tennessee SB405 law?

No. The Tennessee Homeowners Association Act (SB 405 / HB 610) was introduced in 2015, sent to summer study in 2016, and never enacted.

• Does Tennessee have a Homeowners Association Act?

Not for non-condo HOAs. Proposals in 2015-2016 (SB 405) and 2024 (SB 2000) both failed. Condos are covered by the Horizontal Property Act or the Condominium Act of 2008.

• What is SB 405 in the current Tennessee legislature?

In the 114th General Assembly (2025-2026), SB 405 is the "CEO Pay Disparity Tax Act," a tax bill unrelated to HOAs.

• What laws apply to Tennessee HOAs?

Mainly the association's governing documents and, for incorporated HOAs, the Tennessee Nonprofit Corporation Act, plus targeted statutes on flags, political signs, fair housing, fidelity bonds, and EV chargers.

• Are there new Tennessee HOA laws for 2026-2027?

Yes. Public Chapter 731 requires a blanket fidelity bond starting January 1, 2027, and Public Chapter 914 limits HOA restrictions on owner EV chargers.

• When the rulebook is your documents, keep them close

With no statewide HOA act, every records request, fine, and vote comes back to your declaration and bylaws. My Front Yard keeps governing documents, financials, and owner requests organized in one place, so your board can answer from the documents that actually control. [See how it works →]

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*Sources: Community Associations Institute, Tennessee LAC 2016 Legislative Update, 2024, 2025 and 2026 End of Session Reports; Dinkelspiel, Rasmussen & Mink, "2015 Legislative Update: the Proposed Tennessee Homeowners Association Act (HB610/SB405)" (Feb. 20, 2015); Tennessee General Assembly bill records for SB 405 (109th and 114th GAs) and SB 2326 (114th GA), via Plural Policy and FastDemocracy.*