Tennessee HOA & Condo Laws

How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …

Statutory requirements for reserve studies, reserve funding, component inventory, funding plans, and board fiduciary duty regarding major repair and replacement obligations.

Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

Unit owner rights to inspect association records — financial statements, meeting minutes, governing documents, contracts, and correspondence. Response timelines, allowable copying fees, and executive session materials exceptions.

Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.

Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.

Statutory insurance requirements for HOAs and condominiums — property insurance, liability coverage, directors and officers, fidelity bonds, flood insurance, and cyber liability. Coverage minimums, deductible assessments, and claims procedures.

Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …

The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.

Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.

Association authority to review and approve owner modifications to units and common elements. Covers architectural review committees, approval procedures, denial appeals, and statutory limitations on what can be prohibited (e.g., …

The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.

Association authority to restrict or regulate unit rentals. Rental caps, lease term minimums, tenant screening, short-term rental prohibitions, and statutory limitations on the enforcement of rental restrictions.

Owner rights to install solar panels, EV charging stations, heat pumps, and other sustainability improvements. State solar access laws, EV-ready building codes, and limitations on association authority to restrict green …

Statute of limitations and statute of repose for construction defect claims. Right to repair acts, pre-litigation notice requirements, developer transition obligations, and warranty provisions applicable to common interest communities.