Tennessee HOA Laws and Regulations: Guide (2026)

Quick Answer

Tennessee has no single, comprehensive HOA act. Condominiums created after January 1, 2009 are governed by the Tennessee Condominium Act of 2008 (Tenn. Code Ann. Title 66, Chapter 27), older condominiums by the Horizontal Property Act, and typical HOAs mostly by their declarations and the Tennessee Nonprofit Corporation Act, plus a few targeted HOA provisions in Part 7 of Chapter 27.

Which laws govern HOAs and condominiums in Tennessee

Tennessee takes a layered approach. There is no equivalent of a statewide planned community act, so what governs a Tennessee HOA depends on how it is organized and what your recorded documents say.

• Condominiums. The Tennessee Condominium Act of 2008 sits in Tenn. Code Ann. Title 66, Chapter 27. According to secondary summaries, the full Act applies to condominiums created on or after January 1, 2009, while older condominiums, which fall under the Horizontal Property Act, are subject only to certain provisions of the 2008 Act. Confirm how your condominium was created before relying on any one section.
• Homeowners associations (planned communities). Part 7 of Chapter 27, titled Homeowners' Association (Sections 66-27-701 through 66-27-706), contains a small set of targeted rules. Section 66-27-701 defines a homeowners association as an incorporated or unincorporated association owned by, or whose members consist primarily of, owners of the residential property covered by the declaration and through which they manage or regulate the residential subdivision. The part addresses rental restrictions, voting records and special assessments for nonessential amenities, not day-to-day governance.
• Nonprofit corporation law. Most HOAs are incorporated as nonprofit corporations, so the Tennessee Nonprofit Corporation Act (Title 48) generally supplies rules on directors, officers, member meetings, voting and records. I did not verify individual section numbers for this guide, so have counsel confirm the specific provisions that apply.
• Governing documents and common law. The declaration, bylaws, rules and recorded covenants carry most of the weight for a Tennessee HOA, supported by contract and property law principles.

Our guides to governing documents, how an HOA works and condo associations explain how these layers fit together.

Tennessee HOA and condo law at a glance

The table reflects statute text reviewed on the Justia 2025 Tennessee Code, a secondary host of the code. Check the official Tennessee Code before relying on any section.

Key rules in more detail

Condo assessments, liens and foreclosure

Section 66-27-415 gives a condominium association a lien for assessments and fines from the time they become due, enforceable by judicial action. A declaration may instead authorize non-judicial foreclosure under Title 35, Chapter 5, but the association must first notify the owner and all lienholders of record. The lien generally yields to a prior first mortgage, but a limited priority amount can apply when a mortgage is foreclosed. Associations that want that priority must give written notice of a six-month delinquency to a mortgage holder who has registered its address, within 30 days. A judgment must award costs and reasonable attorney fees to the prevailing party. Because these rules are technical, boards should involve counsel before filing.

Rental restrictions in HOAs

Part 7 addresses rental limits directly. Where a declaration is amended on or after May 1, 2021 to prohibit or effectively prohibit use of single family residential property as long-term rental property (leases of 180 consecutive days or more), Section 66-27-703 gives the current owner a vested right to continue renting until the owner transfers the property. Section 66-27-702 lets a member request a record of the vote on such an amendment, including ballot language, proof of mailing, quorum and the final count. Condominiums are excluded from the definition of single family residential property. Read HOA rental caps for how these limits usually work.

Special assessments for nonessential amenities

Under Section 66-27-706, which was added in 2024, an HOA levying a special assessment for a nonessential amenity such as a pool, tennis court or clubhouse must pass it by at least a two-thirds majority vote of the total members and offer financing or a payment plan over a defined period. If a member does not pay that assessment, the association may not bring a foreclosure action over it. Roads, utilities and amenities necessary to daily operation are excluded from the definition, as are amenities not yet built.

Reserves

For condominium boards overseeing common elements with an aggregate replacement cost above $10,000, Section 66-27-403(g) calls for a reserve study at least every five years, availability of the study to owners by email or website, and an annual review of reserve funding for adequacy. See HOA reserve funds explained.

Board powers and declarant control

Section 66-27-402 lists powers of a condominium association, including adopting and amending bylaws, rules and budgets, hiring and discharging managing agents, litigating in its own name, imposing late charges, and levying reasonable fines after notice and an opportunity to be heard. Section 66-27-403 provides that declarant control ends no later than the earlier of 120 days after 75 percent of units are conveyed or five years after the first conveyance (seven years if more than 100 units may be created), and that at least one board member must be elected by non-declarant owners within 120 days after 25 percent of units are conveyed. See what powers an HOA has for context on the limits of board authority.

Recent changes

Tennessee has added targeted rules since 2021, including limits on rental prohibitions, the reserve study requirement and the 2024 special assessment rule. See Tennessee HOA law changes 2021-2025 for a summary, and check the current code before acting.

Remote HOA management in Tennessee

Remote management gives a Tennessee board a cloud dashboard for financial reports and budgets, online dues collection, digital violation tracking and a shared document library, with the management team available by phone, email and video for board meetings and owner questions. The board retains decision-making authority under its documents; the manager handles administration and follow-through. Learn more about remote HOA management in Tennessee or review our pricing.

Rules on manager licensing and registration vary by state, and associations should confirm what applies in Tennessee. I did not verify whether Tennessee requires a particular license for community association managers, so confirm with the Tennessee Real Estate Commission or counsel, especially for activities such as handling association funds. For background, see what is HOA management.

Frequently Asked Questions

Does Tennessee have an HOA act?

Not a comprehensive one. Tennessee has a Condominium Act of 2008 and a short Part 7 for homeowners' associations in Title 66, Chapter 27, while most HOA governance comes from the declaration and nonprofit corporation law.

Can my Tennessee HOA ban rentals?

It depends on the declaration. If a declaration is amended on or after May 1, 2021 to prohibit long-term rental of single family property, Section 66-27-703 gives the current owner a vested right to keep renting until the owner transfers the property.

Can a Tennessee HOA foreclose for unpaid dues?

For condominiums, Section 66-27-415 provides a lien that may be foreclosed. For HOAs, the declaration and other law govern, and Section 66-27-706 bars foreclosure over unpaid special assessments for nonessential amenities.

Are reserve studies required in Tennessee?

For condominium boards overseeing common elements with an aggregate replacement cost above $10,000, Section 66-27-403(g) requires reserve studies updated at least every five years. For HOAs, check your documents.

How can owners remove a condo board member?

Section 66-27-403(f) allows owners, by a two-thirds vote of those present and entitled to vote at a meeting with a quorum, to remove a board member with or without cause, other than a declarant-appointed member.

How APM Helps

Association Property Managers supports Tennessee boards with budgeting, collections, violation tracking and meeting support. Explore our association management services or request a free proposal; we respond within 3 business days. You may also like our board member responsibilities guide.

This article is general information, not legal advice. Laws change and associations differ; consult a licensed attorney in Tennessee. Last verified October 25, 2026.